RESIDENTIAL TENANCY ACT 1997
- Act 82 of 1997 - Royal Assent 14 January 1998Table of Provisions
Long TitlePART 1 - Preliminary
- 1 Short title
- 2 Commencement
- 3 Interpretation
- 3A Extension of emergency period for COVID-19 emergency
- 3B Declaration of subsequent COVID-19 emergency periods
- 4 Act binds Crown
- 5 Application of Act
- 6 Non-application of Act
PART 2 - Residential Tenancy Commissioner
- 7 Residential Tenancy Commissioner
- 8 General functions and powers of Commissioner
- 9 Delegation by Commissioner
PART 3 - Residential tenancy agreements Division 1 - Form of
agreements- 10 Residential tenancy agreement
- 11 Expiry
- 12 Extension and renewal
- 12A Variation
- 13 Written agreement
- 14 Information as to rights and obligations
- 15 Inconsistent provisions
- 16 Orders relating to inconsistency
Division 1A - Residential management agreements
- 16A Residential management agreement
Division 2 - Rent
- 16B Rental properties to be advertised and offered at fixed rental price
- 17 Money other than rent
- 18 Rent payable in advance
- 19 Payment period
- 20 Increase in rent
- 21 Receipt for rent paid
- 22 Postdated cheques
- 23 Unreasonable increase
- 24 Distress for rent prohibited
- 24A Repayment of rent arrears accrued during period relating to COVID-19
- 24B Appeal against order under section 24A
Division 3 - Security deposits and holding fees
- 25 Security deposits
- 26 Condition report
- 27 Forms relating to security deposit
- 28 Provision of claim form, &c., on termination of tenancy
- 29 Claims for disbursement of security deposit generally
- 29A Claim where all parties agree
- 29B Claim by tenant
- 29C Claim by owner
- 29D Claim by deposit contributor
- 29DA Referral by Authority to Commissioner
- 29E Disbursements of security deposits
- 29F Lodging disputes
- 29G Determining disputes
- 30 Appeal against determination
- 30A Unclaimed security deposit forfeited
- 31 Holding agreement and fees
Division 4 - Repairs
- 31A Reference in this Division to repair may include reference to replacement
- 32 General repairs and maintenance
- 33 Urgent repairs
- 34 Emergency repairs
- 35 Reimbursement of cost of repairs
- 36 Disputing liability to reimburse
- 36A Order for repairs
PART 3A - Smoke Alarms
- 36B Interpretation of Part 3A
- 36C Smoke alarms
- 36D Maintenance, &c., of smoke alarms
- 36E Defences in relation to sections 36C and 36D
- 36F Removal of, or interference with, smoke alarms
- 36G Right to install smoke alarms in strata title units
- 36H Power of Commissioner to order compliance with this Part
PART 3B - Minimum Standards for Premises
- 36I Premises to be weatherproof and structurally sound
- 36J Cleanliness and good repair
- 36K Bathrooms and toilets to be provided
- 36L Cooking facilities
- 36M Electricity and heating
- 36N Window covering for privacy
- 36O Ventilation
- 36P Exemption from requirements of provision of this Part
PART 4 - Termination of agreements Division 1 - Termination
- 37 Termination of agreement
- 38 Notice of termination by tenant
- 38A Order allowing for termination in case of severe COVID-19 related hardship
- 38B Appeal against order under section 38A
- 39 Effect of notice of termination
- 40 Form of notice of termination
- 41 Order of termination
Division 2 - Notice to vacate
- 42 Notice to vacate by owner
- 43 Effect of notice to vacate
- 44 Form of notice to vacate
- 45 Order for vacant possession
Division 3 - Abandonment of premises and goods
- 46 Early vacation
- 47 Abandonment
- 47A Order declaring abandonment
- 47B Loss following abandonment or early vacation
- 47C Joint tenant ceases occupancy
- 48 Disposal or sale of abandoned goods
PART 4A - Boarding Premises
- 48A Application of Part 4A
- 48B Cost of meals and other services
- 48C Access to toilet and ablution facilities
- 48D Shared rooms
- 48E Meal times
- 48F Maintenance of shared facilities
- 48G Statement of key terms
- 48H Content of house rules
- 48I Power of Commissioner to make orders
- 48J Appeal from orders of Commissioner
PART 4B - Rental Deposit Authority
- 48K Rental Deposit Authority
- 48L Constitution of Authority
- 48M Functions of Authority
- 48N Powers of Authority
- 48O Staff of Authority
- 48P Assistance and facilities
- 48Q Funds of Authority
- 48R Account in Public Account
- 48S Accounts and financial statements of Authority
- 48T Delegation
PART 4C - Residential Tenancy Databases
- 48U Interpretation
- 48V Application of Part
- 48W Notice of usual use of database
- 48X Notice of listing if database used
- 48Y Listing can be made only for particular breaches by particular persons
- 48Z Further restrictions on listing
- 48ZA Ensuring quality of listing owner's or agent's obligation
- 48ZB Ensuring quality of listing database operator's obligation
- 48ZC Providing copy of personal information listed 48ZD. Notifying relevant non-parties of Commissioner order about listing
- 48ZE Keeping personal information listed
- 48ZF Civil proceedings to enforce compliance with Part
PART 5 - Miscellaneous
- 49 Subletting
- 49A Transfer of residential tenancy agreement
- 49B Tenancy ceases on death of tenant
- 50 Consent
- 51 Impediment to occupancy
- 52 Use of premises
- 53 Responsibility of tenant for cleanliness and damage
- 54 Alterations, additions and fixtures
- 55 Quiet enjoyment
- 55A Certain photographs not to be displayed by owner
- 56 Right of entry
- 57 Locks and security devices
- 58 Compliance with orders
- 59 Liability for action of others
- 60 Cost of preparing agreements
- 61 Record of rent
- 62 Notification of name and address
- 63 Agent of tenant
- 64 Certain provisions void
- 64A Mitigation of loss
- 64B Keeping of pets
- 64C Strata title property by-laws
- 65 Regulations
- 66 Regulations of savings and transitional nature
- 67 Transitional provisions
- 67A Transitional and savings provisions consequent on Residential Tenancy Amendment Act 2011
- 68 Section 68
- 68A Transitional and savings provisions consequent on Residential Tenancy Amendment Act 2010
- 68B General transitional, &c., provisions consequent on Residential Tenancy Amendment Act 2013
- 68C Transitional, &c., provisions relating to new standards contained in Residential Tenancy Amendment Act 2013
- 69 Administration of Act SCHEDULE 1 SCHEDULE 2 SCHEDULE 2a SCHEDULE 3
[ Note: This table has been automatically generated and may be incomplete. ]