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RESIDENTIAL TENANCY ACT 1997 - SECT 17 Money other than rent

RESIDENTIAL TENANCY ACT 1997 - SECT 17

Money other than rent

(1)  A person must not require or receive from a tenant or prospective tenant any money or other consideration for entering into, renewing, extending or continuing a residential tenancy agreement other than –
(a) rent in advance for the relevant payment period; and
(b) a security deposit; and
(c) a holding fee.
Penalty:  Fine not exceeding 50 penalty units.
(1A)  Subsection (1) does not apply to a requirement to provide, or a receipt of, money or other consideration for the provision of any service, that is not the provision of accommodation, to an NDIS participant at accommodation which is SDA.
(2)  Except as provided otherwise in the regulations made under this Act, a person must not require or receive from another person any money or other consideration for or in relation to any of the following:
(a) making an application to rent residential premises;
(b) providing keys for the inspection of residential premises;
(c) giving permission to examine or inspect residential premises;
(d) supplying details of residential premises available for rental;
(e) placing the name of that other person on any waiting list for vacant residential premises;
(f) any other prescribed activity.
Penalty:  Fine not exceeding 50 penalty units.
(3)  An owner must not require or receive from a tenant during the term of a residential tenancy agreement any money or other consideration other than –
(a) rent in advance for the relevant payment period; and
(b) a water consumption charge if the residential premises are equipped with a device that calculates the amount of water used at those premises; and
(c) reasonable compensation for damage to the residential premises arising from the actions of the tenant or any loss incurred by the owner arising from the actions of the tenant.
Penalty:  Fine not exceeding 50 penalty units.
(3A)  A rent-collection agency must not require a person, who pays, or is to pay, to the agency rent in relation to residential premises, to pay a fee or charge in relation to the rent or receiving the rent.
Penalty:  Fine not exceeding 50 penalty units.
(4)  In this section,
rent-collection agency means a person or body, other than an authorised deposit-taking institution, that receives, on behalf of an owner of residential premises to which a residential tenancy agreement relates, rent paid or payable in relation to the premises by or on behalf of a tenant;
water consumption charge means an amount levied on an owner by a regulated entity, within the meaning of the Water and Sewerage Industry Act 2008 , for water consumed by an occupant of residential premises that is calculated as a fee for each unit of water consumed.