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RESIDENTIAL TENANCIES ACT 1995 - SECT 105E

RESIDENTIAL TENANCIES ACT 1995 - SECT 105E

105E—Permissible consideration and statutory charges

        (1)         A proprietor must not require or receive from a resident or prospective resident a payment, other than rent or a bond (or both), under a rooming house agreement, or as a condition to entering into, renewing or extending a rooming house agreement.

Maximum penalty: $25 000.

        (2)         It is a term of a rooming house agreement that the proprietor must bear all statutory charges imposed in respect of the accommodation.

        (3)         However, the proprietor may require a resident to make a payment—

            (a)         for rates and charges for water supply; or

            (b)         for the provision of electricity, gas or telephone services at the premises; or

            (c)         for meals or other facilities or services (such as meals, cleaning and laundry of linen) provided by the proprietor,

if the proprietor has, before the facilities or services were made available or provided to the resident, informed the resident in writing of the basis on which charges for those facilities or services would be made.

        (4)         A proprietor must, before requiring a resident to make a payment for facilities or services, give the resident an itemised account setting out the resident's proportional use of the facilities or services.

Maximum penalty: $20 000.