South Australian Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1995 


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Presumption of periodicity in case of short fixed terms
   5.      Application of Act

   PART 2--Administration

   6.      Administration of this Act
   7.      Ministerial control of administration
   8.      The Commissioner's functions
   9.      Immunity from liability
   10.     Annual report

   PART 3--Residential Tenancies Tribunal

           Division 1--The Tribunal and its membership

   11.     Continuation of Tribunal
   12.     Membership of the Tribunal
   13.     Presiding and Deputy Presiding Members
   14.     Remuneration
   15.     Registrars
   16.     Registrar may exercise jurisdiction in certain cases
   17.     Magistrates may exercise jurisdiction in certain cases
   18.     Immunities

           Division 2--Proceedings before the Tribunal

   19.     Constitution
   20.     Times and places of sittings
   21.     Duty to act expeditiously
   22.     Sittings generally to be in public
   23.     Offices of the Tribunal

           Division 3--The Tribunal's jurisdiction

   24.     Jurisdiction of Tribunal
   25.     Application to Tribunal

           Division 4--Conferences

   26.     Conferences
   27.     Presiding officer
   28.     Registrar to notify parties
   29.     Procedure
   30.     Restriction on evidence

           Division 5--Evidentiary and procedural powers

   31.     Tribunal's powers to gather evidence
   32.     Procedural powers of the Tribunal
   33.     General powers of the Tribunal to cure irregularities

           Division 6--Mediation

   34.     Mediation

           Division 7--Judgments and orders

   35.     Special powers to make orders and give relief
   36.     Enforcement of orders
   37.     Application to vary or set aside order
   38.     Costs

           Division 8--Obligation to give reasons for decisions

   39.     Reasons for decisions

           Division 9--Reservation of questions of law and appeals

   40.     Reservation of questions of law
   41.     Appeals
   42.     Stay of proceedings

           Division 10--Miscellaneous

   43.     Entry and inspection of property
   44.     Contempt of the Tribunal
   45.     Punishment of contempts
   46.     Fees
   47.     Procedural rules

   PART 4--Mutual rights and obligations of landlord and tenant

           Division 1--Entering into residential tenancy agreement

   48.     Tenant to be notified of landlord's name etc
   49.     Written residential tenancy agreements
   50.     Cost of preparing agreement
   51.     False information from tenant

           Division 2--Discrimination against tenants with children

   52.     Discrimination against tenants with children

           Division 3--Rent

   53.     Permissible consideration for residential tenancy
   54.     Rent in advance
   55.     Variation of rent
   56.     Excessive rent
   57.     Landlord's duty to keep proper records of rent
   58.     Duty to give receipt for rent
   59.     Accrual and apportionment of rent
   60.     Abolition of distress for rent

           Division 4--Security bonds

   61.     Security bond
   62.     Receipt of security and transmission to the Commissioner
   63.     Repayment of security bond

           Division 5--Tenant's entitlement to possession and quiet enjoyment

   64.     Vacant possession etc
   65.     Quiet enjoyment

           Division 6--Security of premises

   66.     Security of premises

           Division 7--Landlord's obligation in regard to condition of the premises

   67.     Cleanliness
   68.     Landlord's obligation to repair

           Division 8--Tenant's obligations in relation to the premises and ancillary property

   69.     Tenant's responsibility for cleanliness and damage
   70.     Alteration of premises

           Division 9--Tenant's conduct on the premises

   71.     Tenant's conduct

           Division 10--Landlord's right of entry

   72.     Right of entry

           Division 11--Rates, taxes and charges

   73.     Rates, taxes and charges

           Division 12--Assignment

   74.     Assignment of tenant's rights under residential tenancy agreement

           Division 13--Tenant's vicarious liability

   75.     Vicarious liability

           Division 14--Harsh or unconscionable terms

   76.     Harsh or unconscionable terms

           Division 15--Miscellaneous

   77.     Accelerated rent and liquidated damages
   78.     Duty of mitigation

   PART 5--Termination of residential tenancy agreements

           Division 1--Termination generally

   79.     Termination of residential tenancy

           Division 2--Termination by the landlord

   80.     Notice of termination by landlord on ground of breach of the agreement
   81.     Termination because possession is required by the landlord for certain purposes
   82.     Termination of residential tenancy by housing co-operative
   83.     Termination by landlord without specifying a ground of termination
   84.     Limitation of right to terminate

           Division 3--Termination by tenant

   85.     Notice of termination by tenant on ground of breach of the agreement
   86.     Termination by tenant without specifying a ground of termination

           Division 4--Termination by the Tribunal

   87.     Termination on application by landlord
   88.     Termination on application by tenant
   89.     Termination based on hardship
   90.     Tribunal may terminate tenancy where tenant's conduct unacceptable

           Division 5--Notices of termination

   91.     Form of notice of termination
   92.     Termination of periodic tenancy

           Division 6--Repossession of premises

   93.     Order for possession
   94.     Abandoned premises
   95.     Repossession of premises
   96.     Forfeiture of head tenancy not to result automatically in destruction of right to possession under residential tenancy agreement

           Division 7--Abandoned goods

   97.     Abandoned goods

           Division 8--Miscellaneous

   98.     Bailiffs
   99.     Enforcement of orders for possession

   PART 6--Residential Tenancies Fund

   100.    Residential Tenancies Fund
   101.    Application of income
   102.    Accounts and audit

   PART 7--Rooming houses

   103.    Codes of conduct
   104.    Obligation to comply with codes of conduct
   105.    Jurisdiction of the Tribunal
   105A.   Implied terms

   PART 8--Dispute resolution

           Division 1--Mediation

   106.    Responsibility of the Commissioner to arrange for mediation of disputes
   107.    Mediation of dispute
   108.    Statements made in the course of mediation proceedings

           Division 2--Intervention

   109.    Power to intervene

           Division 3--Powers of the Tribunal

   110.    Powers of the Tribunal
   111.    Conditional and alternative orders
   112.    Restraining orders

           Division 4--Representation

   113.    Representation in proceedings before the Tribunal
   114.    Remuneration of representative

   PART 9--Miscellaneous

   115.    Contract to avoid Act
   116.    Overpayment of rent
   117.    Notice by landlord not waived by acceptance of rent
   118.    Exemptions
   119.    Tribunal may exempt agreement or premises from provision of Act
   120.    Service
   121.    Regulations
           SCHEDULE--Transitional provisions
           Legislative history

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