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PARLIAMENT OF VICTORIA
Residential Tenancies Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
Division 1--Introductory provisions 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Act binds the Crown 13
Division 2--Application of Act to tenancy agreements and rooming
houses 13
Subdivision 1--Application to tenancy agreements 13
5. Application of Act to assignees and transferees 13
6. Tenancy agreements exceeding 5 years 14
7. Premises used primarily as a residence 14
8. Premises connected to premises used for trade or business 14
9. Principal place of residence 14
10. Premises used for holidays 15
11. Farming and grazing 15
12. Contracts of employment 15
13. Contracts of sale or mortgages 15
14. Prescribed premises and prescribed tenancy agreements 16
15. Certain provisions not to apply to tenancy agreements 16
Subdivision 2--Application to rooming houses 16
16. Agreements for fixed term 16
17. Room used by owner or owner's family or employees 16
18. Self-contained apartments 16
19. Minister may declare building to be a rooming house 17
Subdivision 3--Application to tenancy agreements and rooming houses 17
20. Hotels and motels 17
21. Educational institutions 18
22. Temporary refuge accommodation 18
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23. Health or residential services 18
Division 3--Exemptions by Tribunal 19
24. Application for exemption 19
25. Order of Tribunal 19
PART 2--RESIDENTIAL TENANCIES--TENANCY
AGREEMENTS 21
Division 1--General requirements for tenancy agreements 21
26. Tenancy agreements to be in standard form 21
27. Invalid terms 21
28. Harsh and unconscionable terms 22
29. Copy of agreement to be made available to tenant 22
30. Tenants with children 23
Division 2--Bonds 24
31. What is the maximum bond? 24
32. Application to increase maximum amount of bond 24
33. Tribunal may determine maximum bond 25
34. Not more than 1 bond is payable in respect of continuous
occupation 25
35. Condition report 26
36. Condition report is evidence of state of repair 26
37. Certain guarantees prohibited 26
38. Maximum amount of certain guarantees 27
Division 3--Rents 27
39. Accrual of rent 27
40. Limit on rent in advance 27
41. Rent in advance under weekly tenancy agreement 28
42. Where and how is rent to be paid? 28
43. Receipts for rent 28
44. How much notice of rent increase is required? 29
45. Tenant may complain to Director about excessive rent 30
46. Application to Tribunal about excessive rent 31
47. What can the Tribunal order? 31
48. Tribunal can order refund of rent 33
49. Tenant's goods not to be taken for rent 34
Division 4--Other charges 34
50. Application and holding deposits 34
51. Certain charges prohibited 34
52. Tenant's liability for various utility charges 35
53. Landlord's liability for various utility charges 35
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54. Landlord's liability for charges for supply to non-complying
appliances 36
55. Reimbursement 37
56. Landlord must not seek overpayment for utility charge 37
57. Director of Housing may impose service charge 38
58. Indemnity for taxes and rates 38
Division 5--General duties of tenants and landlords 39
59. Tenant must not use premises for illegal purpose 39
60. Tenant must not cause nuisance or interference 39
61. Tenant must avoid damage to premises or common areas 39
62. Tenant must give notice of damage 40
63. Tenant must keep rented premises clean 40
64. Tenant must not install fixtures etc. without consent 40
65. Landlord's duty in relation to provision of premises 41
66. Landlord must give tenant certain information 41
67. Quiet enjoyment 42
68. Landlord's duty to maintain premises 42
69. Landlord must ensure replacement water appliances have A rating 43
70. Locks 43
71. Application to Tribunal to change locks without consent 44
Division 6--Repairs and maintenance 44
72. Urgent repairs 44
73. Application to Tribunal for urgent repairs 45
74. Application to Director to investigate need for non-urgent repairs 45
75. Application to Tribunal for non-urgent repairs 46
76. What can the Tribunal order? 47
77. Payment of rent into Rent Special Account 47
78. Landlord may give tenant repair notice 48
79. Landlord may do repairs and tenant liable for costs 49
80. Declaration under Housing Act 1983 that house unfit for
habitation 49
Division 7--Assignment and sub-letting 49
81. Assignment and sub-letting by a tenant 50
82. Tenant may apply to Tribunal 50
83. Director of Housing may withhold consent in certain
circumstances 50
84. Landlord cannot ask for fee for giving consent 51
Division 8--Rights of entry 51
85. Entry of rented premises 51
86. Grounds for entry of rented premises 52
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87. Manner of entry 53
88. What must be in a notice of entry? 53
89. Tenant has duty to permit entry 53
90. What if damage is caused during entry? 53
91. What if a person exercising right of entry fails to comply with
Division? 54
PART 3--ROOMING HOUSES--RESIDENCY RIGHTS AND
DUTIES 55
Division 1--Residency rights 55
92. Residency right 55
93. Rights cannot be assigned 55
94. Power to enter tenancy agreements or other agreements 55
Division 2--Bonds 56
95. Payment of bond 56
96. What is the maximum bond? 56
97. Condition report 56
98. Condition report is evidence of state of repair 56
Division 3--Rent 57
99. Limit on rent in advance 57
100. Receipts for rent 57
101. How much notice of rent increase is required? 58
102. Resident may complain to Director about excessive rent 59
103. Application to Tribunal about excessive rent 60
104. What can the Tribunal order? 60
105. Payment of increased rent pending Tribunal decision 61
106. Rent must be reduced if services are reduced 62
107. Resident's goods not to be taken for rent 62
Division 4--Other charges 62
108. Separately metered rooms 62
109. Schedule of services provided to be given to resident 63
Division 5--General duties of residents and rooming house owners 63
110. Resident's use of room 63
111. Resident must not use room for illegal purposes 63
112. Resident's duty to pay rent 63
113. Quiet enjoyment--resident's duty 63
114. Resident must keep room in clean condition 64
115. Resident must not install fixtures without consent 64
116. Resident must notify owner of and compensate for damage 64
117. Resident must not keep pet without consent 64
118. Resident must give key to owner 64
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119. Resident must observe house rules 65
120. Rooming house owner must keep room and house in good repair 65
121. Rooming house owner must provide access 65
122. Quiet enjoyment--rooming house owner's duty 65
123. Security 66
124. Display of statement of rights and house rules 66
125. Owner to give additional information 66
126. House rules 67
127. Duties relating to house rules 67
128. What if house rules are thought to be unreasonable? 68
Division 6--Repairs 68
129. Urgent repairs 68
130. Application to Tribunal for urgent repairs 69
131. Application to Director to investigate need for non-urgent repairs 69
132. Application to Tribunal for non-urgent repairs 70
133. What can the Tribunal order? 71
134. Payment of rent into Rent Special Account 71
135. Repair provisions not applicable to certain damage 72
Division 7--Rights of entry 72
136. Access to room 72
137. Grounds for entry of a room 73
138. Manner of entry 73
139. What must be in a notice of entry? 73
140. Resident has duty to permit entry 74
141. What if damage is caused during entry? 74
142. What if a person exercising right of entry fails to comply with
Division? 74
PART 4--CARAVAN PARKS AND MOVABLE DWELLINGS--
RESIDENCY RIGHTS AND DUTIES 76
Division 1--Residency rights 76
143. Residency right 76
144. Agreements 76
145. Caravan park owner to notify prospective resident of rights 77
Division 2--Bonds 77
146. Payment of bond 77
147. What is the maximum bond? 78
148. Condition report 78
149. Condition report is evidence of state of repair 78
Division 3--Rents and hiring charges 79
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150. Limit on rent or hiring charge in advance 79
151. Receipts for rent or hiring charge 79
152. How much notice is required of rent or hiring charge increase? 80
153. Resident may complain to Director about excessive rent or hiring
charge 81
154. Application to Tribunal about excessive rent or hiring charge 82
155. What can the Tribunal order? 82
156. Payment of increased rent or hiring charge pending Tribunal
decision 84
157. Additional rent 84
158. Additional hiring charge 85
159. Rent must be reduced if services are reduced 85
160. Resident's goods not to be taken for rent or hiring charges 85
Division 4--Other charges 85
161. Fee for supply of key 85
162. Resident's liability for electricity, gas and water charges 86
163. Caravan park owner's liability for electricity, gas and water
charges 86
164. Owner's responsibility for charges for supply to non-complying
appliances 86
165. Reimbursement 87
166. Owner must not seek overpayment for utility charges 87
Division 5--General duties of residents, caravan park owners and
caravan owners 88
167. Resident's use of site 88
168. Resident must not use site for illegal purposes 88
169. Resident's duty to pay rent and hiring charge 88
170. Quiet enjoyment--resident's duty 88
171. Resident must keep site clean 89
172. Resident must not erect structures 89
173. Resident must notify owner of and compensate for damage 89
174. Number of persons residing on site 89
175. Resident must observe caravan park rules 90
176. Caravan park owner must provide access 90
177. Quiet enjoyment--caravan park owner's duty 90
178. Caravan park owner must keep park etc. clean 90
179. Duty of caravan park owner to maintain communal areas 90
180. Maintenance and repair of caravans 91
181. Owner must ensure water efficient appliances installed 91
182. Statement of rights and copy of park rules 91
183. Statement of scale of certain charges, fees and commissions 92
184. Owner to give additional information 92
185. Caravan park rules 93
186. Duties relating to caravan park rules 94
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187. What if the caravan park rules are thought to be unreasonable? 94
Division 6--Repairs 95
188. Urgent repairs to caravans 95
189. Application to Tribunal for urgent repairs 96
190. Application to Director to investigate need for non-urgent repairs 97
191. Application to Tribunal for non-urgent repairs 97
192. What can the Tribunal order? 98
193. Payment of hiring charge into Rent Special Account 98
194. Repair provisions not applicable to certain damage 99
Division 7--Transfer of rights and sale of caravans and movable
dwellings 99
195. Transfer of residency right 99
196. What if the caravan park owner unreasonably withholds consent
to transfer? 100
197. Owner must not charge fee for transfer of resident's rights 101
198. Sale of caravan 101
Division 8--Rights of entry 101
199. Entry of caravan by caravan park owner 101
200. Entry of caravan by caravan owner 102
201. Grounds for entry of caravan or site 102
202. Manner of entry 103
203. What must be in a notice of entry? 103
204. Resident has duty to permit entry 103
205. What if damage is caused during entry? 104
206. What if a person exercising right of entry fails to comply with
Division? 104
PART 5--COMPENSATION AND COMPLIANCE 106
207. Definitions 106
208. Breach of duty notice 107
209. Application for compensation or compliance order for breach of
duty 108
210. Application to Tribunal for compensation order on other grounds 108
211. Matters which may be considered by Tribunal 108
212. Orders of Tribunal 109
213. Compensation for unpaid rent 110
214. Can a person recover compensation under this Part as well as
from a bond? 110
215. What powers does a court have to award compensation? 111
PART 6--TERMINATION 112
Division 1--Termination of residential tenancies 112
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Subdivision 1--When can a tenancy agreement be terminated? 112
216. Termination of tenancy agreement 112
217. Termination by agreement 112
218. Termination by consent 112
219. Termination after notice to vacate 112
220. Termination by abandonment 113
221. Termination where premises are sub-let 113
222. Termination where landlord not owner of premises 113
223. Termination by mortgagee 113
224. Termination by merger 114
225. Termination by disclaimer 114
226. Termination by tenant before possession 114
227. Termination by landlord before possession 114
228. Termination after notice of death of tenant 115
229. Offence to obtain possession etc. of premises 115
Subdivision 2--Variations or creations of tenancy 115
230. Creation of periodic tenancy 115
231. New tenancy created where head tenancy terminated 116
232. Application to Tribunal for creation of tenancy agreement 117
233. Order of Tribunal 118
234. Reduction of fixed term tenancy agreement 118
Subdivision 3--Notice or abandonment by tenant 119
235. Notice of intention to vacate 119
236. Notice to have no effect in certain circumstances 119
237. Reduced period of notice of intention to vacate in certain
circumstances 120
238. Premises destroyed or unfit for habitation 121
239. Failure of landlord to comply with Tribunal order 121
240. Successive breaches by landlord 122
241. Order of Tribunal that premises are abandoned 122
242. Abandoned premises and rent in advance 123
Subdivision 4--Notice by landlord, owner or mortgagee 123
243. Damage 123
244. Danger 124
245. Condition of premises 124
246. Non-payment of rent 124
247. Failure to pay bond 124
248. Failure to comply with Tribunal order 125
249. Successive breaches by tenant 125
250. Use of premises for illegal purpose 125
251. Permitting child to reside in premises 126
252. False statement to housing authority 126
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253. Assignment or sub-letting without consent 126
254. Landlord's principal place of residence (fixed term tenancy) 127
255. Repairs 127
256. Demolition 128
257. Premises to be used for business 128
258. Premises to be occupied by landlord or landlord's family 129
259. Premises to be sold 129
260. Premises required for public purposes 130
261. End of fixed term tenancy 130
262. Tenant no longer meets eligibility criteria 130
263. Notice to vacate for no specified reason 131
264. Prohibition on letting premises after notice 131
265. Effect of excessive rent order on notice to vacate 132
266. Notice to have no effect in certain circumstances 132
267. Notice by owner 133
268. Notice by mortgagee 134
Division 2--Termination of residency rights in rooming houses 134
Subdivision 1--When does a residency right end? 134
269. Termination after notice 134
270. Termination by Tribunal 134
271. Termination by abandonment 135
272. Termination if room or rooming house destroyed 135
273. Offences relating to interference with rights 135
Subdivision 2--Notice or abandonment by resident 136
274. Notice of intention to vacate room 136
275. Rent payable on termination without notice 136
276. Rent payable if room vacated early 136
277. Order of abandonment 136
Subdivision 3--Notice by rooming house owner or rooming house
mortgagee 137
278. Damage 137
279. Danger 137
280. Disruption 137
281. Non-payment of rent 138
282. Failure of resident to comply with Tribunal order 138
283. Successive breaches by resident 138
284. Use of room for illegal purpose 139
285. Sale of rooming house 139
286. Repairs or demolition 139
287. Prohibition on renting after notice 140
288. Notice for no specified reason 140
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289. Notice of no effect 141
290. Notice by rooming house mortgagee 141
Division 3--Termination of residency rights in caravan parks 141
Subdivision 1--When does a residency right end? 141
291. Termination after notice 141
292. Termination by agreement 142
293. Termination on execution of warrant 142
294. Termination by abandonment 142
295. Offences relating to interference with rights 142
Subdivision 2--Notice or abandonment by resident 143
296. Notice of intention to vacate site or caravan 143
297. Notice if caravan destroyed or unfit for habitation 143
298. Rent or hiring charge payable on termination without notice 144
299. Rent or hiring charge payable if site or caravan vacated early 144
300. Abandonment of site or caravan 144
301. Order of abandonment 145
Subdivision 3--Notice by caravan park owner, caravan owner or
caravan mortgagee 146
302. Damage 146
303. Danger 146
304. Disruption 146
305. Non-payment of rent 147
306. Non-payment of hiring charges 147
307. Failure of resident to comply with Tribunal order 147
308. Successive breaches by resident 147
309. Use of site or caravan for illegal purpose 148
310. Sale of caravan 148
311. Change of use 149
312. Occupation by caravan owner 149
313. Prohibition on hiring of caravans or renting of sites after notice 150
314. Notice for no specified reason 150
315. Notice of no effect 151
316. Notice by caravan park mortgagee 151
317. Notice by caravan mortgagee 152
Division 4--Notices under this Part 152
318. Form of notice of intention to vacate 152
319. Form of notice to vacate 153
320. What if 2 or more notices can be served? 153
321. How can a notice be withdrawn? 153
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PART 7--REGAINING POSSESSION--POSSESSION ORDERS
AND WARRANTS 155
Division 1--Applications for possession orders 155
322. Application for possession order by landlord 155
323. Application for possession order by rooming house owner 155
324. Application for possession order by caravan park owner or
caravan owner 156
325. Application for possession order by mortgagee 156
326. Time for application 157
327. Copy of application to be given to tenant or resident 157
328. Applicant to give copy of notice to vacate to Tribunal 157
329. Hearing of application for possession order 157
330. Order of Tribunal 158
331. Order to be dismissed or adjourned in certain circumstances 159
332. Order not to be made in certain circumstances 159
333. Contents of possession order 160
334. Effect of possession order for rented premises 162
Division 2--Alternative procedure for possession 162
335. Application for possession order where rent owing 162
336. Landlord to give tenant notice to vacate 162
337. Landlord may apply for possession order in respect of notice
under section 261 163
338. Objection by tenant 164
339. Request for determination if no notice of objection 165
340. What must the landlord include in a request for determination? 165
341. Registrar to make determination if no notice of objection 167
342. Effect of possession order 168
343. What if the Registrar is not satisfied that determination should be
made? 169
Division 3--Recovery of possession of rented premises where
occupied without consent 169
344. Application for possession order if premises occupied without
consent 169
345. Order of Tribunal 170
346. What must the possession order provide? 170
347. Notice to occupiers of premises 171
348. Direction of Tribunal if occupier fails to appear 171
349. Order of Tribunal if occupier appears 171
350. Effect of this Division 172
Division 4--Warrants of possession 172
351. Issue of warrant of possession 172
352. Postponement of issue of warrant in certain cases 172
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353. Immediate issue of warrant if failure to comply during
postponement 173
354. Extension of time for warrant to be executed 173
355. Warrant of possession 174
356. Lapsing of possession order and lapsing or cancellation of
warrant of possession 175
357. Execution of warrant 175
358. Offence to re-enter rooming house, site or caravan 176
Division 5--Sheriff's powers to remove caravans 176
359. Removal of caravan from a caravan park 176
360. Sheriff's powers to remove 176
361. What happens to personal documents? 177
362. Disposal of personal documents after 90 days 177
363. Reclaiming documents before disposal 178
364. Rightful owner may claim caravan and goods 178
365. Sale of caravan and goods 178
366. Tribunal may order compensation from Residential Tenancies
Fund 180
PART 8--VIOLENCE ON CERTAIN PREMISES 181
367. Definitions 181
368. Manager may give person notice to leave--serious acts of
violence 181
369. Offence to remain on premises if given notice to leave 182
370. What happens to a tenancy agreement or residency right if a
notice to leave is given? 182
371. How long does a suspension last? 183
372. Offence to re-enter premises during suspension 183
373. Notice to Registrar 183
374. Landlord, rooming house owner or caravan park owner may make
urgent application to Tribunal 183
375. Tribunal must hear application urgently 184
376. What can the Tribunal order? 184
377. Offence to allow occupation of premises pending application or
hearing 185
PART 9--GOODS LEFT BEHIND BY TENANTS AND
RESIDENTS 186
Division 1--Preliminary 186
378. Application of this Part 186
379. Definitions 186
Division 2--Personal documents left behind 187
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380. What happens if personal documents are left behind by a tenant
or resident? 187
381. Disposal of personal documents after 28 days 188
382. Reclaiming personal documents before disposal 188
Division 3--Goods left behind 189
383. Application of Division 189
384. Disposal of certain goods left behind 189
385. Request to Director to state whether goods can be removed and
destroyed or disposed of 189
386. What must a landlord do about goods which are left behind? 189
387. What must a rooming house owner do about goods left behind? 190
388. What must a caravan park owner etc. do about goods left behind? 190
389. Rightful owner may reclaim stored goods before sale 191
390. What if a caravan owned by a resident is abandoned on site? 191
391. Sale of stored goods 192
392. Sale of stored goods by public auction to be advertised 192
393. Entitlement to removal and storage costs 192
394. Purchaser takes good title 193
Division 4--Orders of Tribunal 193
395. What if proceeds of sale are not sufficient to cover costs? 193
396. What if goods or documents are disposed of in contravention of
this Part? 194
397. What if goods or documents are wrongfully retained? 194
398. What if goods or documents are damaged or lost? 194
399. What if stored goods have been sold in accordance with this Part?194
400. What if personal documents are disposed of in accordance with
section 381? 195
401. What orders can the Tribunal make? 195
402. Payment of compensation to owner who relies on Director's
statement 196
403. When is compensation payable out of the Residential Tenancies
Fund? 196
PART 10--BONDS AND THE RESIDENTIAL TENANCIES BOND
AUTHORITY 197
Division 1--Interpretation 197
404. Definitions 197
Division 2--Payment of bonds to Residential Tenancies Bond
Authority 198
405. Bond lodgement form 198
406. Duty to pay bond to Authority 198
407. Receipt for bond 198
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408. Bond held on trust 199
409. What if the landlord is late in lodging the bond? 199
410. Payment of bond into Residential Bonds Account 199
Division 3--Payment out of bonds 199
411. Payment out of bonds 199
412. Payment out by agreement 200
413. Payment to Director of Housing by agreement 200
414. Application to Registrar by landlord 201
415. Determination by Registrar 202
416. Application to Tribunal by tenant 202
417. Application to Tribunal by landlord 203
418. Application by landlord where rent unpaid 203
419. Application by landlord on other grounds 204
420. Determination by Tribunal 205
421. Bond paid by Director of Housing 205
422. Unclaimed money 205
423. Prohibition of claims 206
Division 4--General provisions relating to bonds 206
424. Notice of assignment or transfer by landlord 206
425. Notice of assignment or transfer by tenant 207
426. Agent to produce authorisation on request 207
427. Authority to record names 207
428. Tenant must not use bond as rent 208
Division 5--Residential Tenancies Bond Authority 208
429. Establishment of Authority 208
430. Constitution of Authority 209
431. Functions of Authority 209
432. Powers of Authority 209
433. Authority subject to Minister's general direction and control 209
434. Delegation 210
Division 6--Bond Accounts 210
435. Residential Bonds Account 210
436. Residential Bonds Investment Income Account 210
437. Residential Tenancies Fund 211
438. Borrowing and investment powers of Authority 211
439. Additional amounts 211
PART 11--RESIDENTIAL TENANCIES TRIBUNAL 213
Division 1--Establishment of Tribunal 213
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440. Establishment of Tribunal 213
441. Terms and conditions of appointment 213
442. Remuneration and allowances 214
443. Resignation and removal 214
444. Defect in appointment of Tribunal 214
445. Application of public sector and superannuation legislation to
members 215
Division 2--Jurisdiction of Tribunal 215
446. Jurisdiction of Tribunal 215
447. Limits of jurisdiction of Tribunal 216
448. Proceedings of Tribunal not justiciable 216
Division 3--Procedure of Tribunal 217
449. Constitution of Tribunal 217
450. Sittings of Tribunal 217
451. Notice of hearings 217
452. General applications to the Tribunal 218
453. How is an application made to the Tribunal? 219
454. When is an application to be referred to the Director? 220
455. Can an application be amended? 220
456. When can an application be withdrawn? 220
457. Procedure of Tribunal 221
458. Can 2 or more applications be heard together? 221
459. Powers of Tribunal in relation to applications and proceedings 221
460. Reports 222
461. Settlements 222
462. Interim determinations 222
463. Evidence before Tribunal 223
464. Hearings to be in public 223
465. Who can appear in proceedings? 224
466. Immunity of participants 225
467. Tribunal can dismiss certain applications 226
468. Proceedings in absence of party 226
469. Reservation of questions of law 226
470. Costs 227
471. Contempt of Tribunal 228
Division 4--Determinations of Tribunal 230
472. General power of Tribunal to make determinations 230
473. Powers of Tribunal where 2 or more tenancy agreements affect
same premises 231
474. Compliance with Tribunal determination 231
475. Tribunal to state reasons for determination 232
476. Determination to be in writing 232
477. Copy of determination 232
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478. Tribunal may correct determination 232
479. Rescission or variation of determination 233
480. Enforcement of determinations of Tribunal 234
Division 5--Registrar and register 234
481. Registrar, assistant registrars and register 234
482. Delegation by Registrar 235
483. Inspection of register 235
484. Immunity of Registrar 235
Division 6--Rent Special Account 235
485. Rent Special Account 235
PART 12--ADMINISTRATION 237
Division 1--Director of the Office of Fair Trading and Business
Affairs 237
486. Functions of Director 237
487. Powers of Director 239
488. Director subject to Minister's general direction and control 239
489. Delegation by Director 239
490. Reports of Director 239
Division 2--Residential Tenancies Fund 239
491. Establishment of Residential Tenancies Fund 239
492. Payments into the Residential Tenancies Fund 240
493. Payments out of Residential Tenancies Fund 240
494. Treasurer's powers and duties in relation to Residential Tenancies
Fund 240
495. Director may authorise payments for research etc. 240
496. Loans to tenants and residents from Residential Tenancies Fund 241
497. Loans to landlords etc. from Residential Tenancies Fund 242
498. Recovery of loan money 243
PART 13--GENERAL 244
Division 1--Offences 244
499. Confidentiality 244
500. Liability of officers of bodies corporate 245
501. Offence to make false representation--tenancy agreement or
residency right 245
502. Offence to persuade person not to exercise rights or take
proceedings 246
503. Offence to aid, abet, counsel or procure commission of offence 246
504. Offence to give false information 246
505. Certain penalties prohibited 247
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Division 2--Evidence and legal proceedings 247
506. Service of documents 247
507. Onus of proof that Act does not apply 249
508. Proceedings for offences 249
509. Jurisdiction of Supreme Court, County Court and Magistrates'
Court 250
510. Application to Supreme Court, County Court or Magistrates'
Court 250
Division 3--Regulations 251
511. Regulations 251
PART 14--REGULATION OF CARAVAN PARKS AND
MOVABLE DWELLINGS 253
Division 1--Application 253
512. Application of this Part 253
513. Minister may exempt caravan park from compliance with this
Part 253
Division 2--Regulation of caravan parks and movable dwellings 253
514. Standards regulations 253
515. Registration regulations 254
516. Additional powers 255
Division 3--Application of building and planning laws 256
517. Building provisions 256
518. Planning provisions 256
Division 4--Applications and appeals 256
519. Application by caravan park owner for exemption 256
520. Referral of disputes by caravan park owners 257
521. Appeals 257
Division 5--Enforcement 257
522. Compliance notice 257
523. Closure order 258
524. Delegations 259
525. Authorised persons 259
526. Powers of entry and inspection 260
527. Proceedings for offences against this Part or the regulations 261
PART 15--REPEALS, TRANSITIONAL PROVISIONS AND
AMENDMENTS 262
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528. 262
Residential Tenancies Act 1980
529. 262
Caravan Parks and Movable Dwellings Act 1988
530. 262
Rooming Houses Act 1990
531. 262
Amendment of Borrowing and Investment Powers Act 1987
532. Transitional provisions 262
533. Consequential amendments 262
__________________
SCHEDULES 263
SCHEDULE 1--Transitional Provisions 263
SCHEDULE 2--Consequential Amendments 267
NOTES 271
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PARLIAMENT OF VICTORIA
A BILL
to re-enact with amendments the law relating to residential tenancies,
rooming houses and caravan parks, to provide for a Residential
Tenancies Tribunal and a Residential Tenancies Bond Authority, to
repeal the Residential Tenancies Act 1980, the Caravan Parks and
Movable Dwellings Act 1988 and the Rooming Houses Act 1990
and for other purposes.
Residential Tenancies Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
Division 1--Introductory provisions
1. Purposes
The main purposes of this Act are--
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(a) to define the rights and duties of landlords
and tenants of rented premises; and
(b) to define the rights and duties of rooming
house owners and residents of rooming
5 houses; and
(c) to define the rights and duties of caravan
park owners, caravan owners and residents of
caravan parks; and
(d) to provide for the inexpensive and quick
10 resolution of disputes under this Act; and
(e) to provide for the establishment and
jurisdiction of the Residential Tenancies
Tribunal; and
(f) to provide for a centralised system for the
15 administration of bonds; and
(g) to provide for the establishment of the
Residential Tenancies Bond Authority; and
(h) to provide for the regulation of caravan parks
and movable dwellings.
20 2. Commencement
(1) Part 1 comes into operation on the day on which
this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
25 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 1999, it
comes into operation on that day.
3. Definitions
30 (1) In this Act--
"A rating", in relation to an item has the same
meaning as it has in SAA MP 64-1995
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Manual of assessment procedure for water
efficient appliances as amended from time to
time by Standards Australia for that item;
"Authority" means the Residential Tenancies
5 Bond Authority established under this Act;
"bond" means--
(a) an amount paid or payable by a tenant
to secure his or her performance and
observance of the tenancy agreement or
10 any of the provisions of this Act
relating to the tenancy agreement; or
(b) an amount paid or payable by a resident
to secure his or her performance and
observance of any agreement relating to
15 the residency or of any of the provisions
of this Act relating to the residency;
"Building Appeals Board" means the Building
Appeals Board under the Building Act 1993;
"business day" means a day other than a
20 Saturday, Sunday or public holiday;
"caravan" means--
(a) a movable dwelling; or
(b) an immovable dwelling situated in a
caravan park--
25 but, except in Part 14, does not include such
a dwelling occupied in pursuance of a
contract of employment;
"caravan park" means an area of land on which
movable dwellings are situated for
30 occupation on payment of consideration,
whether or not immovable dwellings are also
situated there;
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"caravan park owner" means any person who is
(either wholly or partly) the owner of a
business which operates a caravan park;
"caravan park provisions" means any
5 provisions of this Act to the extent to which
they apply to a caravan park, a resident of a
caravan park, a caravan park owner, a
caravan owner, a caravan park mortgagee or
a caravan mortgagee, but does not include
10 Part 14;
"common area" means any area in which
facilities are provided for the use of tenants
or residents otherwise than as part of the
rented premises, room or site;
15 "determination" in relation to the Tribunal--
(a) includes order, direction, decision or
declaration; and
(b) if a determination is varied under this
Act, includes that determination as
20 varied;
"Director" means the person for the time being
holding the office of Director of Fair Trading
and Business Affairs under the Public
Sector Management Act 1992;
25 "Director of Housing" means the Director of
Housing incorporated under the Housing
Act 1983;
"dwelling" means any structure that is designed
to be used for human habitation and that is
30 capable of being so used, and includes a
motor vehicle or trailer that is so designed
and capable;
"facilities" means--
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(a) land or buildings intended for use for
storage space or car parking;
(b) laundry facilities;
(c) cooking facilities;
5 (d) recreational areas;
(e) lifts;
(f) garbage storage and disposal facilities;
(g) bathroom, toilet and washing facilities;
(h) appliances for heating or cooling
10 premises;
(i) communications facilities;
(j) lawns, gardens and outhouses;
(k) stairways;
(l) any area designed or set aside for
15 common use by tenants or residents--
provided for the use of a tenant or resident
otherwise than as part of the rented premises,
room or site;
"fixed term tenancy agreement" means a
20 tenancy agreement for a fixed term;
"guarantee" includes indemnity;
"health or residential service" means--
(a) a residential care service, State funded
residential care service, health service
25 establishment, denominational hospital
or public hospital within the meaning of
the Health Services Act 1988; or
(b) premises used for an approved mental
health service within the meaning of the
30 Mental Health Act 1986; or
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(c) premises used for a residential
institution, residential program or
registered residential service within the
meaning of the Intellectually Disabled
5 Persons' Services Act 1986; or
(d) premises used for a secure welfare
service within the meaning of the
Children and Young Persons Act
1989; or
10 (e) premises where accommodation is
provided by a service agency for the
purpose of delivering support services
by that agency to a client of that
agency;
15 "hearing" in relation to proceedings of the
Tribunal includes re-hearing;
"hiring charge" means the amount paid by a
resident to a caravan owner to occupy a
caravan;
20 "invalid" in relation to an agreement or
guarantee, means void;
"landlord" means--
(a) the person by whom premises are let
under a tenancy agreement; or
25 (b) the person by whom the premises are to
be let under a proposed tenancy
agreement;
"motor vehicle" means a motor vehicle within
the meaning of the Road Safety Act 1986;
30 "movable dwelling" means a dwelling that is
designed to be movable, but does not include
a dwelling that cannot be situated at and
removed from a place within 24 hours;
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"owner" in relation to rented premises, means the
owner in fee simple of the premises;
"periodic tenancy agreement" means a tenancy
agreement other than a fixed term tenancy
5 agreement;
"personal documents" means--
(a) official documents; or
(b) photographs; or
(c) correspondence; or
10 (d) any other document which it would be
reasonable to expect that a person
would want to keep;
"public statutory authority" means an office or
body corporate or unincorporate established
15 by or under an Act for a public purpose and
includes a municipal council;
"Registrar" means the Registrar of the Tribunal;
"rent" means--
(a) in relation to a tenancy agreement, the
20 amount paid to a landlord by a tenant to
occupy rented premises and use
facilities and services; or
(b) in relation to the residency of a rooming
house, the amount paid to a rooming
25 house owner by a resident to occupy a
room and use facilities and services; or
(c) in relation to the residency of a caravan
park, the amount paid to a caravan park
owner by a resident to occupy a site and
30 use facilities and services--
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but does not include any amount for which a
tenant or resident is liable under section 52,
57, 108 or 162;
"Rent Special Account" means the Rent Special
5 Account established under section 485;
"rented premises" in relation to a tenancy
agreement to which this Act applies means
the premises let under the tenancy
agreement;
10 "residency right" means--
(a) in relation to a room or rooming house,
a right conferred by section 92; or
(b) in relation to a site or caravan in a
caravan park or a caravan park, a right
15 conferred by section 143;
"resident" means--
(a) in relation to a rooming house, a person
who, with the agreement of the rooming
house owner, occupies a room as his or
20 her only or main residence; or
(b) in relation to a caravan park, a person
who occupies a site in the caravan park
as his or her only or main residence
and--
25 (i) who has obtained the prior written
agreement of the caravan park
owner to do so (whether that
agreement was given in respect of
that site or another site in the
30 caravan park); or
(ii) who has so occupied any site in
the caravan park for at least 90
consecutive days;
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"Residential Tenancies Fund" means the
Residential Tenancies Fund established
under this Act;
"room" means a room in a building, where the
5 room is occupied or intended to be occupied
for the purpose of a residence by a person
having a right to occupy the room together
with a right to use in common with others
any facilities in the building but does not
10 include a self-contained apartment;
"rooming house" means a building in which
there is one or more rooms available for
occupancy on payment of rent--
(a) in which the total number of people
15 who may occupy those rooms is not less
than 4; or
(b) in respect of which a declaration under
section 19 is in force;
"rooming house owner" in relation to a rooming
20 house which is leased to a person who
conducts the business of operating the
rooming house, includes the lessee;
"rooming house provisions" means any
provisions of this Act to the extent to which
25 they apply to a room, a rooming house, a
resident of a room in a rooming house, a
rooming house owner or a rooming house
mortgagee;
"self-contained apartment" means a portion of a
30 building which forms a self-contained
residence, including kitchen and bathroom
and toilet facilities, under the exclusive
possession of the occupier;
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"separately metered" means that there is, in
respect of rented premises, a room or a site, a
meter--
(a) that has been installed or approved by
5 the relevant supply authority; and
(b) that measures, in relation to those
premises or that room or site only, the
quantity of a substance or service that is
supplied to, or used at, those premises
10 or that room or site;
"service agency" means--
(a) a registered agency under section 23 of
the Intellectually Disabled Persons'
Services Act 1986; or
15 (b) a provider of support services funded
under the Disability Services Act
1991;
"services" includes the provision to a resident by
a rooming house owner of meals, linen or
20 room cleaning services;
"site" means a site in a caravan park;
"support services" means--
(a) assistance with one or more of the
following--
25 (i) bathing, showering or personal
hygiene; or
(ii) toileting; or
(iii) dressing or undressing; or
(iv) meals; or
30 (b) physical assistance for persons with
mobility problems; or
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(c) assistance for persons who are mobile
but require some form of supervision or
assistance; or
(d) development of independent living
5 skills;
"tenancy agreement" means an agreement,
whether or not in writing and whether
express or implied, under which a person lets
premises as a residence;
10 "tenant" means--
(a) the person to whom premises are let
under a tenancy agreement; and
(b) the person to whom premises are to be
let under a proposed tenancy
15 agreement;
"this Act" includes the regulations;
"trailer" means a trailer within the meaning of
the Road Safety Act 1986;
"Tribunal" means the Residential Tenancies
20 Tribunal established under this Act;
"urgent repairs" means any work necessary to
repair or remedy--
(a) a burst water service; or
(b) a blocked or broken lavatory system; or
25 (c) a serious roof leak; or
(d) a gas leak; or
(e) a dangerous electrical fault; or
(f) flooding or serious flood damage; or
(g) serious storm or fire damage; or
30 (h) a failure or breakdown of any essential
service or appliance provided for hot
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water, water, cooking, heating or
laundering by--
(i) a landlord in rented premises; or
(ii) a rooming house owner in a
5 rooming house; or
(iii) a caravan park owner or a caravan
owner in a caravan park or
caravan; or
(i) a failure or breakdown of the gas,
10 electricity or water supply to rented
premises, a rooming house or a
caravan; or
(j) an appliance, fitting or fixture provided
by a landlord, rooming house owner,
15 caravan park owner or caravan owner
that uses or supplies water and that is
malfunctioning in a way that results or
will result in a substantial amount of
water being wasted; or
20 (k) any fault or damage that makes rented
premises, a rooming house, a room or a
caravan unsafe or insecure; or
(l) a serious fault in a lift or staircase; or
(m) any damage of a prescribed class;
25 "Valuer-General" means the Valuer-General
under the Valuation of Land Act 1960;
"visitor" in relation to--
(a) a tenant, means a person on rented
premises or premises in which the
30 rented premises are situated with the
permission of the tenant; and
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(b) a resident of a rooming house, means a
person in a room or rooming house with
the permission of the resident; and
(c) a resident of a caravan park, means a
5 person on a site or in a caravan or
caravan park with the permission of the
resident.
(2) In this Act, a reference to a landlord or a tenant is
a reference to a landlord or a tenant under a
10 tenancy agreement to which this Act applies.
4. Act binds the Crown
This Act binds the Crown, not only in right of
Victoria, but also, so far as the legislative power
of the Parliament permits, the Crown in all its
15 other capacities.
Division 2--Application of Act to tenancy agreements and
rooming houses
Subdivision 1--Application to tenancy agreements
5. Application of Act to assignees and transferees
20 (1) This Act applies to a person to whom the rights
and duties of--
(a) a landlord under a tenancy agreement; or
(b) a tenant under a tenancy agreement--
have been assigned or transferred or have passed
25 by operation of law in the same manner as this Act
applies to the person by whom the rights were
assigned or transferred or from whom the rights
and duties have passed by operation of law.
(2) Nothing in sub-section (1) operates to confer any
30 rights under this Act on an assignee of a tenant if
the assignment is not in accordance with this Act.
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6. Tenancy agreements exceeding 5 years
This Act does not apply to a tenancy agreement
that is a fixed term tenancy agreement if--
(a) the fixed term exceeds 5 years; and
5 (b) the agreement does not include a provision
enabling the landlord or the tenant to
determine the agreement by notice
(otherwise than on the grounds of a breach of
the agreement) before the end of 5 years after
10 the agreement is made.
7. Premises used primarily as a residence
This Act applies to a tenancy agreement if the
rented premises are used primarily for residential
purposes even if a trade, profession or business is
15 also carried on by the tenant on those premises.
8. Premises connected to premises used for trade or
business
This Act does not apply to a tenancy agreement if
the rented premises form part of a building in
20 which other premises are let by the landlord to the
tenant for the purpose of a trade, profession or
business carried on by the tenant.
9. Principal place of residence
This Act does not apply to a tenancy agreement
25 that is a fixed term tenancy agreement if--
(a) immediately before the agreement was
entered into, the rented premises were the
landlord's principal place of residence; and
(b) the fixed term is less than 60 days; and
30 (c) the agreement states that--
(i) immediately before the agreement was
entered into, the rented premises were
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the landlord's principal place of
residence; and
(ii) the landlord intends to resume
occupancy of the premises on
5 termination of the tenancy agreement.
10. Premises used for holidays
This Act does not apply to a tenancy agreement if
the rented premises are ordinarily used for holiday
purposes.
10 11. Farming and grazing
This Act does not apply to a tenancy agreement if
the rented premises are included in or on other
premises let to the tenant by the landlord that are
for the time being used, or are ordinarily used, for
15 the purpose of--
(a) grazing, including agistment; or
(b) farming, including dairy farming, pig-
farming, poultry farming, fish-farming, tree-
farming, bee-keeping, viticulture,
20 horticulture, fruit growing or the growing of
crops of any kind.
12. Contracts of employment
This Act does not apply to a tenancy agreement
created or arising under the terms of a contract of
25 employment or entered into in relation to such a
contract.
13. Contracts of sale or mortgages
This Act does not apply to a tenancy agreement
created or arising between the parties to a contract
30 of sale or mortgage of the premises in accordance
with a term of the contract or mortgage.
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14. Prescribed premises and prescribed tenancy
agreements
(1) This Act does not apply to a tenancy agreement if
the rented premises are prescribed premises or are
5 included in a class of prescribed premises.
(2) This Act does not apply to a tenancy agreement if
the agreement is a prescribed agreement or is
included in a class of prescribed agreements.
15. Certain provisions not to apply to tenancy agreements
10 (1) Parts I to IVA of the Landlord and Tenant Act
1958 do not apply in relation to tenancy
agreements to which this Act applies.
(2) Sections 137, 144, 145, 146 and 150 of the
Property Law Act 1958 do not apply in relation
15 to tenancy agreements to which this Act applies.
Subdivision 2--Application to rooming houses
16. Agreements for fixed term
(1) The rooming house provisions do not apply to a
room if an agreement is entered into between the
20 rooming house owner and a resident under which
the resident is entitled to occupy the room for a
fixed term.
(2) That agreement is a tenancy agreement for the
purposes of this Act.
25 17. Room used by owner or owner's family or employees
The rooming house provisions do not apply to a
room used or intended to be used as a residence by
the rooming house owner, a member of the
owner's family or an employee of the owner.
30 18. Self-contained apartments
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(1) Subject to sub-section (2), the rooming house
provisions do not apply to a self-contained
apartment.
(2) This Act applies to a self-contained apartment in a
5 rooming house as if it were a room in that
rooming house if the ratio of rooms to self-
contained apartments in the rooming house is not
less than 3 rooms for every self-contained
apartment.
10 19. Minister may declare building to be a rooming house
(1) An owner of a building--
(a) in which there is one or more rooms
available for occupancy on payment of rent;
and
15 (b) in which the total number of people who may
occupy the rooms is less than 4--
may apply to the Minister for a declaration that the
building is a rooming house for the purposes of
this Act.
20 (2) The Minister, by notice published in the
Government Gazette, may declare that building to
be a rooming house for the purposes of this Act.
Subdivision 3--Application to tenancy agreements and
rooming houses
25 20. Hotels and motels
(1) Subject to sub-sections (2) and (3), this Act does
not apply to a tenancy agreement or a room if the
rented premises or room are situated in a motel or
in premises licensed under the Liquor Control
30 Act 1987.
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(2) This Act applies to a tenancy agreement for rented
premises situated in a motel or licensed premises
if the tenancy is for a fixed term exceeding 60
days.
5 (3) Subject to section 16, the rooming house
provisions apply to a room in a motel or licensed
premises if a person--
(a) occupies the room as his or her only or main
residence; and
10 (b) has so occupied any room in that rooming
house for at least 60 consecutive days since
the commencement of this section.
21. Educational institutions
This Act does not apply to a tenancy agreement or
15 room if the rented premises or room are, or are
situated in--
(a) any premises used as a school or for
education and training purposes; or
(b) any residential premises ancillary to those
20 premises and managed or operated in
conjunction with those premises and used to
accommodate students or staff using those
premises.
22. Temporary refuge accommodation
25 (1) This Act does not apply to a tenancy agreement or
room if the rented premises or room are provided
as temporary refuge accommodation.
(2) In this section, "temporary refuge
accommodation" means accommodation
30 provided on a non-profit basis for a period of less
than 14 days.
23. Health or residential services
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This Act does not apply to a tenancy agreement or
room if the rented premises or room are, or are
situated in--
(a) a health or residential service; or
5 (b) any premises ancillary to a health or
residential service and primarily used to
accommodate medical, nursing and other
staff or any member for the family of a
person using that service.
10 Division 3--Exemptions by Tribunal
24. Application for exemption
(1) A landlord or tenant may apply to the Tribunal for
an order declaring that a provision of this Act does
not apply to the tenancy agreement.
15 (2) A rooming house owner, a caravan park owner, a
caravan owner or a resident may apply to the
Tribunal for an order declaring that a provision of
this Act (other than Part 14) does not apply to the
applicant.
20 25. Order of Tribunal
(1) On an application under section 24(1), the
Tribunal, after hearing the landlord and the tenant,
may by order declare that the provision does not
apply to the tenancy agreement.
25 (2) On an application under section 24(2), the
Tribunal, after hearing the rooming house owner,
caravan park owner or caravan owner (as the case
requires) and the resident, may by order declare
that the provision does not apply to the applicant.
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(3) The Tribunal must not make an order under sub-
section (1) or (2) unless it is satisfied that in all the
circumstances the application of a provision of
this Act would occasion severe hardship to the
5 applicant.
(4) An order under sub-section (1) or (2)--
(a) may be expressed to operate for a period
stated in the order; and
(b) may be made subject to any conditions that
10 the Tribunal thinks fit.
(5) An order under this section has effect according to
its terms.
_______________
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PART 2--RESIDENTIAL TENANCIES--TENANCY
AGREEMENTS
Division 1--General requirements for tenancy agreements
26. Tenancy agreements to be in standard form
5 (1) If a tenancy agreement is in writing, it must be in
the prescribed standard form.
(2) A landlord or tenant must not prepare or authorise
the preparation of a tenancy agreement in writing
in a form that is not in the prescribed standard
10 form.
Penalty: 5 penalty units.
(3) A failure to comply with this section does not
make the tenancy agreement illegal, invalid or
unenforceable.
15 27. Invalid terms
(1) A term of a tenancy agreement is invalid if it
purports to exclude, restrict or modify or purports
to have the effect of excluding, restricting or
modifying--
20 (a) the application to that tenancy agreement of
all or any of the provisions of this Act; or
(b) the exercise of a right conferred by this Act.
(2) A term referred to in sub-section (1) includes a
term that is not set out in the tenancy agreement
25 but is incorporated in it by another term of the
tenancy agreement.
(3) A provision in a written tenancy agreement or any
other agreement that requires a party to a written
tenancy agreement to bear any fees, costs or
30 charges incurred by the other party in connection
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with the preparation of the tenancy agreement is
invalid.
28. Harsh and unconscionable terms
(1) A tenant may apply to the Tribunal for an order
5 declaring invalid or varying a term of the tenancy
agreement.
(2) On an application under sub-section (1), the
Tribunal may by order declare invalid or vary a
term of the tenancy agreement if it is satisfied that
10 the term is harsh or unconscionable or is such that
a court exercising its equitable jurisdiction would
grant relief.
(3) An order under this section has effect according to
its terms.
15 29. Copy of agreement to be made available to tenant
(1) A landlord must not give a tenant--
(a) a proposed tenancy agreement; or
(b) any other document which contains terms
that are proposed to form part of the tenancy
20 agreement--
to sign unless the landlord has given the tenant a
copy of that proposed agreement or other
document for the tenant's own use.
Penalty: 5 penalty units.
25 (2) If a tenancy agreement or any terms of it are in
writing signed by the tenant, the landlord must
give the tenant a copy of the agreement or those
terms signed by the tenant and the landlord within
14 days after the agreement is entered into or the
30 terms are agreed.
Penalty: 5 penalty units.
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30. Tenants with children
(1) A person must not--
(a) refuse to let rented premises; or
(b) instruct or permit that person's agent to
5 refuse to let rented premises--
to another person under a tenancy agreement on
the ground that the other person intends to live on
the premises with a child.
Penalty: 5 penalty units.
10 (2) This section does not apply to--
(a) premises proposed to be let by a public
statutory authority or body corporate for
which the authority or body receives
financial assistance for the provision of
15 housing for lone persons or childless couples
under an Act or an Act of the
Commonwealth; or
(b) premises that are the principal place of
residence of the person refusing or
20 instructing or permitting that person's agent
to refuse to let the premises to a person
intending to live with a child; or
(c) premises that by reason of their design or
location are unsuitable or inappropriate for
25 occupation by a child.
(3) A person who claims that premises are not, by
reason of their design or location, unsuitable or
inappropriate for occupation by a child may apply
to the Tribunal for an order declaring whether or
30 not the premises are unsuitable or inappropriate
for occupation by a child.
(4) In this section "child" means a child under 16
years of age.
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Division 2--Bonds
31. What is the maximum bond?
(1) Subject to this Act, a person must not demand or
accept in relation to a tenancy agreement a bond
5 the total of which exceeds--
(a) the amount of rent payable under the tenancy
agreement for one month, unless an order is
in force under section 33; or
(b) the maximum amount of the bond
10 determined under an order in force under
section 33.
Penalty: 5 penalty units.
(2) Sub-section (1) does not apply to a tenancy
agreement--
15 (a) relating to premises that, immediately before
the tenancy agreement was entered into, were
the landlord's principal place of residence;
and
(b) that states that fact; and
20 (c) that states that the landlord intends to resume
occupancy of the premises on the termination
of the tenancy agreement.
(3) Sub-section (1) does not apply to a tenancy
agreement if the amount of rent payable under a
25 tenancy agreement for 1 week exceeds--
(a) $350; or
(b) if a greater amount is prescribed for the
purposes of this section, that greater amount.
32. Application to increase maximum amount of bond
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A landlord who wishes to demand a bond in
relation to a tenancy agreement or proposed
tenancy agreement which exceeds the limit set
under section 31 may apply to the Tribunal for an
5 order determining the maximum amount of the
bond.
33. Tribunal may determine maximum bond
On an application under section 32, the Tribunal
may make an order determining the maximum
10 amount of bond payable if it considers that it is
reasonable to increase the bond having regard to--
(a) the character, condition or quality of the
goods, furniture or fittings let or provided
under the tenancy agreement or proposed
15 tenancy agreement; and
(b) the character and condition of the rented
premises.
34. Not more than 1 bond is payable in respect of
continuous occupation
20 A person must not demand or accept a bond for a
subsequent tenancy agreement under which a
tenant continues in occupation of rented premises
if that tenant--
(a) has paid a bond for the initial tenancy
25 agreement under which the amount of rent
payable for 1 week does not exceed--
(i) $350; or
(ii) if a greater amount is prescribed for the
purposes of section 31, that greater
30 amount; and
(b) continues in occupation of those premises
under the subsequent tenancy agreement.
Penalty: 10 penalty units.
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35. Condition report
(1) If a tenant pays a bond, the landlord must, before
the tenant enters into occupation of the rented
premises, give the tenant 2 copies of a condition
5 report signed by or on behalf of the landlord
specifying the state of repair and general condition
of the premises on the day specified in the report.
Penalty: 5 penalty units.
(2) Within 3 business days after entering into
10 occupation of the rented premises, the tenant must
return one copy of the condition report to the
landlord--
(a) signed by or on behalf of the tenant; or
(b) with an endorsement so signed to the effect
15 that the tenant agrees or disagrees with the
whole or any specified part of the report.
36. Condition report is evidence of state of repair
(1) A statement in a condition report under section 35
is conclusive evidence, for the purposes of this
20 Act, of the state of repair or general condition of
the rented premises on the day specified in the
report if the condition report is signed by or on
behalf of the landlord and the tenant.
(2) Sub-section (1) does not apply to--
25 (a) a state of repair or general condition that
could not reasonably have been discovered
on a reasonable inspection of the premises;
or
(b) a statement with which the tenant disagrees
30 under an endorsement on the report.
37. Certain guarantees prohibited
(1) A person must not demand or require a tenant to
obtain a guarantee for the performance of any of
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the tenant's duties in relation to the tenancy
agreement if the tenant has paid or is required to
pay a bond under a tenancy agreement.
Penalty: 10 penalty units.
5 (2) This section does not apply to a tenancy
agreement referred to in section 31(2) or (3).
(3) A guarantee obtained in contravention of this
section is invalid and unenforceable.
38. Maximum amount of certain guarantees
10 (1) If a tenant--
(a) has not paid a bond or has not been required
to pay a bond; and
(b) has obtained a guarantee in relation to a
tenancy agreement--
15 the guarantee is unenforceable against the
guarantor to the extent to which the amount
guaranteed exceeds the amount of rent payable
under the tenancy agreement for 1 month.
(2) This section does not apply to a tenancy
20 agreement referred to in section 31(2) or (3).
Division 3--Rents
39. Accrual of rent
For the purposes of this Act, rent under a tenancy
agreement accrues from day to day and, subject to
25 section 242, is recoverable or refundable
accordingly.
40. Limit on rent in advance
(1) A landlord must not require a tenant to pay rent
under a tenancy agreement more than 1 month in
30 advance.
Penalty: 10 penalty units.
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(2) Sub-section (1) does not apply if the amount of
rent payable for each week under the tenancy
agreement exceeds--
(a) $350; or
5 (b) if a greater amount is prescribed for the
purposes of section 31, that greater amount.
41. Rent in advance under weekly tenancy agreement
Despite section 40, a landlord must not require a
tenant to pay rent under a tenancy agreement more
10 than 2 weeks in advance if the period in respect of
which rent is payable under that agreement is not
more than 1 week.
Penalty: 10 penalty units.
42. Where and how is rent to be paid?
15 (1) The rent under a tenancy agreement is payable--
(a) if a place for payment of rent is specified in
the agreement, at that place; or
(b) if no place is specified in the agreement, at
the rented premises.
20 (2) The rent under a tenancy agreement is payable in
the manner (if any) specified in the agreement.
43. Receipts for rent
(1) A person who receives a payment of rent from a
tenant must give a written receipt in accordance
25 with this section to the person making the
payment--
(a) immediately, if the payment is made in
person; or
(b) if the payment is not made in person and a
30 receipt is requested at the time of making the
payment, within 5 business days of receiving
the payment.
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Penalty: 5 penalty units.
(2) If a person receives a payment of rent from a
tenant and a receipt is not required to be given
under sub-section (1), the person must prepare a
5 written receipt in accordance with this section and
retain it until--
(a) it is collected by the tenant; or
(b) the end of 12 months after receiving the
payment--
10 whichever occurs earlier.
Penalty: 5 penalty units.
(3) A receipt under this section must be signed by the
person who receives the payment and must state--
(a) the name of the tenant and the rented
15 premises; and
(b) the date of receipt; and
(c) the period for which payment is made; and
(d) the amount paid; and
(e) the fact that the payment is for rent.
20 (4) The regulations may provide that a prescribed
person is exempt from sub-section (1), (2) or (3)
subject to the conditions, if any, specified in the
regulations.
44. How much notice of rent increase is required?
25 (1) A landlord must give a tenant at least 90 days
written notice of a proposed rent increase.
(2) A notice of a proposed rent increase under sub-
section (1) may only provide for one rent increase.
(3) The notice of a proposed rent increase must
30 include a statement informing the tenant of the
tenant's right under section 45 to apply to the
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Director to investigate and report on the proposed
rent.
(4) A landlord under a fixed term tenancy agreement
must not increase the rent before the term ends
5 unless the agreement provides for a rent increase
within the fixed term.
(5) A rent increase in contravention of this section is
invalid.
45. Tenant may complain to Director about excessive rent
10 (1) A tenant may apply to the Director to investigate
and report if the tenant--
(a) considers that the rent under a tenancy
agreement is excessive having regard to the
fact that the landlord has reduced or
15 withdrawn services, facilities or other items
provided with the rented premises; or
(b) has received a notice of a rent increase and
the tenant considers that the proposed rent is
excessive.
20 (2) An application under sub-section (1)(b) must be
made in writing within 30 days after the notice of
the rent increase is given.
(3) As soon as practicable after receiving an
application, the Director must--
25 (a) carry out an investigation; and
(b) give a written report to the tenant and a copy
of the report to the landlord.
(4) The report of the Director must--
(a) include a statement informing the tenant of
30 the tenant's right under section 46 to apply to
the Tribunal for an order in respect of the
proposed rent; and
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(b) take into account the matters referred to in
section 47(3).
46. Application to Tribunal about excessive rent
(1) After receiving a report from the Director under
5 section 45, the tenant may apply to the Tribunal
for an order declaring the rent or proposed rent
excessive.
(2) An application under sub-section (1) must--
(a) be made within 30 days after the tenant
10 receives the Director's report; and
(b) include a copy of that report.
(3) If a tenant has received a notice of a rent increase
and the tenant considers that the proposed rent is
excessive, the tenant may, with the leave of the
15 Tribunal, apply to the Tribunal for an order
declaring the proposed rent excessive without
receiving a report from the Director under section
45.
(4) An application under sub-section (3) may only be
20 made after the end of 30 days after the notice of
the rent increase is given.
(5) The Tribunal may grant leave under sub-section
(3) if it is satisfied that there are reasonable
grounds for the tenant's failure to request the
25 Director to investigate and report under section
45.
47. What can the Tribunal order?
(1) If an application is made under section 46, the
Tribunal may--
30 (a) make an order--
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(i) declaring the rent or proposed rent
excessive; and
(ii) directing that for the period specified in
the order the rent must not exceed the
5 amount specified in the order; or
(b) dismiss the application.
(2) If the Director's report has been obtained under
section 45, the Tribunal must have regard to that
report in determining the application.
10 (3) The Tribunal must make an order declaring the
rent or proposed rent excessive if it is satisfied
that the rent or proposed rent is more than that
which should reasonably be paid by a tenant
having regard to--
15 (a) the rent payable for comparable rented
premises let under a tenancy agreement by a
landlord, other than a public statutory
authority, in the same locality;
(b) the state of repair and general condition of
20 the rented premises;
(c) the cost of goods and services and facilities
provided with the rented premises;
(d) any charges in respect of the rented premises
for which the landlord is or may be liable
25 under this Act or any other Act or the
tenancy agreement;
(e) the cost of goods and services and facilities
provided by the tenant under the tenancy
agreement;
30 (f) any charges payable by the tenant under this
Act or any other Act or the tenancy
agreement;
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(g) any work which the tenant has done with the
landlord's consent or agreed with the
landlord to do to the premises;
(h) any changes in the rent and the condition of
5 the rented premises or facilities since the
commencement of the tenancy agreement
and since the last rent increase;
(i) any valuation of the rented premises.
(4) If the Tribunal makes an order under sub-section
10 (1)(a) in relation to rented premises, the landlord
cannot require the tenant to pay an amount of rent
greater than that specified in the order for a period
of 12 months after the day on which the order
comes into operation.
15 48. Tribunal can order refund of rent
(1) If the Tribunal makes an order under section 47,
the Tribunal may include in the order a provision
requiring the landlord to refund to the tenant an
amount equal to the difference between--
20 (a) the amount of rent payable under the tenancy
agreement for the period commencing on the
day that the tenant--
(i) applied to the Director to investigate; or
(ii) applied to the Tribunal under section
25 46(3)--
and ending on the day immediately before
the day on which the order is made; and
(b) the maximum amount of rent that would
have been payable for that period if the order
30 had been made on the day on which that
application was made.
(2) The order may specify the procedure for the
refund to the tenant.
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49. Tenant's goods not to be taken for rent
A person must not take or dispose of a tenant's
goods on account of any rent owing by the tenant.
Penalty: 10 penalty units.
5 Division 4--Other charges
50. Application and holding deposits
A person who in respect of a proposed tenancy
agreement receives a payment from a tenant as a
sign of good faith must refund the payment to the
10 tenant--
(a) on the agreement being entered into, if it is
entered into before the end of 14 days after
the day on which the person received the
payment; or
15 (b) on the next business day after the end of that
period, if the agreement was not entered into
within that period.
Penalty: 5 penalty units.
51. Certain charges prohibited
20 (1) A person must not demand or receive from a
tenant a charge or indemnity for a charge in
relation to the making, continuation or renewal of
a tenancy agreement that is a premium, bonus,
commission or key money.
25 Penalty: 10 penalty units.
(2) A person must not demand or receive from a
tenant under a proposed tenancy agreement a
charge in relation to the inspection of the premises
by a tenant.
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Penalty: 10 penalty units.
52. Tenant's liability for various utility charges
A tenant is liable for--
(a) all charges in respect of the supply or use of
5 electricity, gas or oil in respect of the tenant's
occupation of rented premises that are
separately metered except--
(i) the installation costs and charges in
respect of the initial connection of the
10 service to the rented premises; and
(ii) the supply or hire of gas bottles;
(b) the cost of all water supplied to the rented
premises during the tenant's occupancy if the
cost is based solely on the amount of water
15 supplied and the premises are separately
metered;
(c) that part of the charge that is based on the
amount of water supplied to the premises
during the tenant's occupation if the cost of
20 water supplied is only partly based on the
amount of water supplied to the premises and
the premises are separately metered;
(d) all sewerage disposal charges in respect of
separately metered rented premises imposed
25 during the tenant's occupation of the rented
premises by the holder of a water and
sewerage licence issued under Division 1 of
Part 2 of the Water Industry Act 1994;
(e) all charges in respect of the use of bottled gas
30 at the rented premises in respect of the
tenant's occupation of the rented premises.
53. Landlord's liability for various utility charges
(1) A landlord is liable for--
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(a) the installation costs and charges in respect
of the initial connection to rented premises of
any electricity, water, gas, bottled gas or oil
supply service;
5 (b) all charges in respect of the supply or use of
electricity, gas (except bottled gas) or oil by
the tenant at rented premises that are not
separately metered;
(c) all charges arising from a water supply
10 service to separately metered rented premises
that are not based on the amount of water
supplied to the premises;
(d) all costs and charges related to a water
supply service to and water supplied to
15 rented premises that are not separately
metered;
(e) all sewerage disposal charges in respect of
rented premises that are not separately
metered imposed by the holder of a water
20 and sewerage licence issued under Division 1
of Part 2 of the Water Industry Act 1994;
(f) all charges related to the supply of sewerage
services or the supply or use of drainage
services to or at the rented premises;
25 (g) all charges related to the supply or hire of gas
bottles to the rented premises.
(2) A landlord may agree to take over liability for any
cost or charge for which the tenant is liable under
section 52.
30 (3) An agreement under sub-section (2) must be in
writing and be signed by the landlord.
54. Landlord's liability for charges for supply to non-
complying appliances
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(1) A landlord is liable to pay for the cost of water
supplied to or used at the rented premises for as
long as the landlord is in breach of section 69 or of
any law requiring the use of water efficient
5 appliances for the premises.
(2) Sub-section (1) applies despite anything to the
contrary in section 52 of this Act and Part 13 of
the Water Act 1989 and Part II of the Melbourne
and Metropolitan Board of Works Act 1958.
10 55. Reimbursement
(1) If a landlord pays for anything for which the
tenant is liable under section 52, the tenant must
reimburse the landlord within 28 days after
receiving a written request for reimbursement
15 attached to a copy of the account and the receipt or
other evidence of payment.
(2) If a tenant pays for anything for which the
landlord is liable under section 53 or 54, the
landlord must reimburse the tenant within 28 days
20 after receiving a written request for reimbursement
attached to a copy of the account and the receipt or
other evidence of payment.
(3) Sub-section (1) does not apply if there is an
agreement to the contrary under section 53.
25 56. Landlord must not seek overpayment for utility
charge
(1) The landlord of separately metered rented
premises must not seek payment or reimbursement
for a cost or charge under section 55 that is more
30 than the amount that the relevant supply authority
would have charged the tenant.
Penalty: 10 penalty units.
(2) If the relevant supply authority has issued an
account to the landlord, the landlord cannot
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recover from the tenant an amount which includes
any amount that could have been claimed as a
concession or rebate by or on behalf of the tenant
from the relevant supply authority.
5 (3) Sub-section (2) does not apply if the concession or
rebate--
(a) must be claimed by the tenant and the
landlord has given the tenant an opportunity
to claim it and the tenant does not do so by
10 the payment date set by the relevant supply
authority; or
(b) is paid directly to the tenant as a refund.
57. Director of Housing may impose service charge
(1) The Director of Housing may impose a service
15 charge on a tenant in rented premises let by the
Director of Housing for any water, central heating,
laundry or utility services or facilities made
available to the tenant.
(2) Sub-section (1) only applies if it is not possible or
20 practicable to accurately measure the use by the
tenant of that service or facility.
(3) A service charge may be increased by an amount
or decreased in line with changes in the cost of
providing the services or facilities.
25 (4) This section applies despite anything to the
contrary in any tenancy agreement.
(5) In this section "Director of Housing" includes
any incorporated body that receives financial
assistance from the Director of Housing for the
30 purposes of providing non-profit housing.
58. Indemnity for taxes and rates
(1) A landlord under a tenancy agreement must
indemnify the tenant for any amount recoverable
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from the tenant by a public statutory authority for
rates or taxes payable under an Act for those
rented premises.
(2) Sub-section (1) does not apply to--
5 (a) rates or taxes based solely on the amount of a
substance or service that is supplied to the
premises; or
(b) a fixed term tenancy agreement for a period
exceeding 1 year.
10 Division 5--General duties of tenants and landlords
59. Tenant must not use premises for illegal purpose
A tenant must not use the rented premises or
permit their use for any purpose that is illegal at
common law or under an Act.
15 60. Tenant must not cause nuisance or interference
(1) A tenant must not use the rented premises or
permit their use in any manner that causes a
nuisance.
(2) A tenant must not--
20 (a) use the rented premises or common areas; or
(b) permit his or her visitors to use the rented
premises or common areas; or
(c) otherwise permit the use of the rented
premises--
25 in any manner that causes an interference with the
reasonable peace, comfort or privacy of any
occupier of neighbouring premises.
61. Tenant must avoid damage to premises or common
areas
30 (1) A tenant must ensure that care is taken to avoid
damaging the rented premises.
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(2) A tenant must take reasonable care to avoid
damaging the common areas.
62. Tenant must give notice of damage
A tenant who becomes aware of damage to the
5 rented premises must as soon as practicable give
notice to the landlord specifying the nature of the
damage.
63. Tenant must keep rented premises clean
A tenant must keep the rented premises in a
10 reasonably clean condition except to the extent
that the landlord is responsible under the tenancy
agreement for keeping the premises in that
condition.
64. Tenant must not install fixtures etc. without consent
15 (1) A tenant must not, without the landlord's
consent--
(a) install any fixtures on the rented premises; or
(b) make any alteration, renovation or addition
to the rented premises.
20 (2) Before a tenancy agreement terminates, a tenant
who has installed fixtures on or renovated, altered
or added to the rented premises (whether or not
with the landlord's written consent) must--
(a) restore the premises to the condition they
25 were in immediately before the installation,
renovation or addition, fair wear and tear
excepted; or
(b) pay the landlord an amount equal to the
reasonable cost of restoring the premises to
30 that condition.
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(3) Sub-section (2) does not apply if--
(a) the tenancy agreement otherwise provides; or
(b) the landlord and the tenant otherwise agree.
65. Landlord's duty in relation to provision of premises
5 (1) A landlord must ensure that on the day that it is
agreed that the tenant is to enter into occupation,
the rented premises are vacant and in a reasonably
clean condition.
(2) A tenant is not required to enter into occupation of
10 premises which do not comply with sub-section
(1).
(3) If premises do not comply with sub-section (1),
the tenant is not required to pay rent for the rented
premises in respect of the period beginning on the
15 agreed day on which the tenant is to enter into
occupation of the premises and ending on the day
on which the tenant actually enters into
occupation.
66. Landlord must give tenant certain information
20 (1) The landlord must on or before the occupation day
give the tenant a written statement in a form
approved by the Director setting out in summary
form the rights and duties of a landlord and tenant
under a tenancy agreement.
25 Penalty: 5 penalty units.
(2) If there is no agent acting for the landlord, the
landlord must on or before the occupation day
give the tenant--
(a) written notice of the landlord's full name and
30 address for the service of documents; and
(b) an emergency telephone number to be used
in the case of the need for urgent repairs.
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Penalty: 5 penalty units.
(3) If there is an agent acting for the landlord, the
landlord must on or before the occupation day
give the tenant--
5 (a) written notice of the agent's full name and
address for service of documents and the
agent's telephone number and facsimile
number; and
(b) a written statement setting out--
10 (i) whether or not the agent can authorise
urgent repairs; and
(ii) if the agent can authorise urgent repairs,
the maximum amount for repairs which
the agent can authorise; and
15 (iii) the agent's telephone number or
facsimile number for urgent repairs.
Penalty: 5 penalty units.
(4) A landlord must give the tenant notice in writing
of any change in the information set out in sub-
20 section (2) or (3) before the end of 7 days after the
change.
Penalty: 5 penalty units.
(5) In this section "occupation day" means a day
that is the agreed day on which the tenant is to
25 enter into occupation of the premises.
67. Quiet enjoyment
A landlord must take all reasonable steps to ensure
that the tenant has quiet enjoyment of the rented
premises during the tenancy agreement.
30 68. Landlord's duty to maintain premises
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(1) A landlord must ensure that the rented premises
are maintained in good repair.
(2) A landlord is not in breach of the duty to maintain
the rented premises in good repair if--
5 (a) damage to the rented premises is caused by
the tenant's failure to ensure that care was
taken to avoid damaging the premises; and
(b) the landlord has given the tenant a notice
under section 78 requiring the tenant to
10 repair the damage.
69. Landlord must ensure replacement water appliances
have A rating
A landlord must ensure that if an appliance, fitting
or fixture provided by the landlord that uses or
15 supplies water at the rented premises needs to be
replaced, the replacement has at least an A rating.
70. Locks
(1) A landlord must provide locks to secure all
external doors and windows of the rented
20 premises.
(2) A party to a tenancy agreement who changes any
external door or window lock must as soon as
practicable give a key to the lock to the other
party.
25 (3) A tenant who wishes to change a lock in a master
key system must obtain the landlord's consent
before changing that lock.
(4) A landlord must not unreasonably withhold
consent to the changing of the lock.
30 (5) In this section and section 71--
"key" of a lock means a device or information
normally used to operate the lock;
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"lock" means a device for securing a door or
window or other part of premises;
"master key system" means a set of locks in
which--
5 (a) each lock or sub-set of locks has a
unique key; and
(b) one single key or master key can
operate all the locks in the set.
71. Application to Tribunal to change locks without
10 consent
(1) A tenant may apply to the Tribunal for a
determination that the consent of the landlord to
the changing of a lock is not required if--
(a) the landlord withholds consent; and
15 (b) the tenant believes that the withholding of
the consent is unreasonable.
(2) If, after giving each party an opportunity to be
heard, the Tribunal determines that consent is not
required, the tenant may change the lock without
20 the landlord's consent.
Division 6--Repairs and maintenance
72. Urgent repairs
(1) A tenant may arrange for urgent repairs to be
carried out to the rented premises if--
25 (a) the tenant has taken reasonable steps to
arrange for the landlord or the landlord's
agent to immediately carry out the repairs;
and
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(b) the tenant is unable to get the landlord or
agent to carry out the repairs.
(2) If the tenant carries out repairs under sub-section
(1)--
5 (a) the tenant must give the landlord 14 days
written notice of the repairs carried out and
the cost; and
(b) the landlord is liable to reimburse the tenant
for the reasonable cost of the repairs or
10 $1000, whichever is less.
(3) If urgent repairs are required to an item that uses
or supplies water and that does not have at least an
A rating, and that item cannot be repaired, the
tenant may replace it with an item that does have
15 an A rating.
(4) This section does not apply to fixtures, furniture or
equipment supplied by the tenant.
73. Application to Tribunal for urgent repairs
(1) A tenant may apply to the Tribunal for an order
20 requiring the landlord or the landlord's agent to
carry out specified urgent repairs if--
(a) the tenant cannot meet the cost of the repairs;
or
(b) the repairs cost more than $1000; or
25 (c) the landlord refuses to pay the cost of the
urgent repairs if carried out by the tenant.
(2) The Tribunal must hear an application under sub-
section (1) within 2 business days after the
application is made.
30 74. Application to Director to investigate need for non-
urgent repairs
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(1) A tenant may apply to the Director to investigate
whether the landlord is in breach of a duty to
ensure that the premises are maintained in good
repair if--
5 (a) the tenant has given the landlord written
notice advising the landlord that repairs
(other than urgent repairs) are required to the
rented premises; and
(b) the landlord has not carried out the repairs
10 within 14 days after being given the notice.
(2) An application under sub-section (1) must be in
writing.
(3) On an application under sub-section (1), the
Director--
15 (a) must investigate; and
(b) may negotiate arrangements for the carrying
out of repairs if the Director is satisfied that
the landlord is in breach of the duty to
maintain the rented premises in good repair;
20 and
(c) must give a written report to the tenant.
75. Application to Tribunal for non-urgent repairs
(1) A tenant may apply to the Tribunal for an order
requiring the landlord to carry out specified
25 repairs if--
(a) the tenant has received the report of the
Director under section 74; and
(b) the tenant is still of the view that satisfactory
arrangements have not been made for the
30 carrying out of the repairs.
(2) An application under sub-section (1) must be
made within 28 days of receiving the report of the
Director under section 74.
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(3) The tenant must include a copy of the Director's
report under section 74 in the application under
sub-section (1).
(4) The Registrar must give a copy of the Director's
5 report included in the application under sub-
section (1) to the landlord with the notice of
hearing given under Part 11.
(5) A tenant may apply to the Tribunal for an order
requiring the landlord to carry out specified
10 repairs without the report of the Director under
section 74 if the tenant has not received that report
within 90 days after the tenant applied for that
report.
76. What can the Tribunal order?
15 (1) The Tribunal may make an order requiring the
landlord to carry out specified repairs if it is
satisfied that the landlord is in breach of the duty
to maintain the rented premises in good repair.
(2) The order must specify the repairs and the time
20 within which they must be carried out.
77. Payment of rent into Rent Special Account
(1) If the tenant has given notice requiring repairs to
be carried out to the rented premises, the tenant
may apply to the Tribunal for an order authorising
25 the tenant to pay the rent under the tenancy
agreement into the Rent Special Account.
(2) The Tribunal may make an order authorising the
tenant to pay the rent into the Rent Special
Account for a period specified by the Tribunal if it
30 is satisfied that--
(a) a notice requiring the carrying out of repairs
has been given to the landlord in accordance
with this Act; and
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(b) the landlord has failed to comply with the
duty to carry out the repairs.
(3) If an order is made under sub-section (2)--
(a) the amount of the rent held in the Rent
5 Special Account at the end of that period
must be paid to the landlord; and
(b) on application by the landlord, the Tribunal
may order that the whole or such part of the
rent as it may determine be paid to the
10 landlord before the end of that period, if it is
satisfied that the landlord has fulfilled or is
fulfilling the landlord's duty to carry out
repairs to the premises.
78. Landlord may give tenant repair notice
15 (1) A landlord may give a repair notice to a tenant if
damage is caused to the rented premises because
of a failure of the tenant to comply with section
61(1).
(2) The repair notice must be in writing and must
20 state--
(a) the nature of the damage; and
(b) that the damage was caused by the failure of
the tenant to ensure that care was taken to
avoid damaging the premises; and
25 (c) if the landlord wishes the tenant to repair the
damage--
(i) that the landlord requires the tenant to
repair the damage at the tenant's
expense within 14 days after the giving
30 of notice by the landlord; and
(ii) that if the tenant has not repaired the
damage in a tradesman-like manner
within that period, the landlord may
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Act No.
repair the damage at the tenant's
expense; and
(d) if the landlord wishes to repair the damage,
that the landlord is undertaking the repairs
5 and the tenant is liable for the reasonable
cost of the repairs.
79. Landlord may do repairs and tenant liable for costs
(1) If the landlord gives the tenant a repair notice
under section 78 requiring the tenant to repair
10 damage and the tenant has not repaired the
damage in a proper and tradesman-like manner
within 14 days after the giving of notice, the
landlord may repair the damage at the tenant's
expense.
15 (2) If the landlord gives the tenant a repair notice
under section 78 stating that the landlord is
undertaking the repairs, the landlord may repair
the damage at the tenant's expense as soon as
practicable after giving the tenant the notice.
20 (3) The tenant is liable to the landlord for the
reasonable costs of repairs undertaken by the
landlord under this section if the landlord gives
the tenant particulars in writing of the cost of the
repairs.
25 80. Declaration under Housing Act 1983 that house unfit
for habitation
(1) A landlord is in breach of section 68 if the rented
premises are or are part of a house in respect of
which a declaration under section 64 of the
30 Housing Act 1983 is in force.
(2) A tenant is not entitled to exercise a right under
sections 72 to 75 in respect of a breach resulting
from a declaration referred to in sub-section (1).
Division 7--Assignment and sub-letting
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81. Assignment and sub-letting by a tenant
(1) A tenant under a tenancy agreement must not
assign or sub-let the whole or any part of the
rented premises without the landlord's written
5 consent.
(2) A landlord must not unreasonably withhold
consent to the assignment or sub-letting of the
whole or any part of the rented premises.
(3) An assignment or sub-letting of the whole or any
10 part of the rented premises without the landlord's
consent is invalid unless the Tribunal has
determined that consent is not required.
82. Tenant may apply to Tribunal
(1) A tenant may apply to the Tribunal for a
15 determination that the consent of the landlord to
the assignment or sub-letting of the whole or any
part of the rented premises is not required if--
(a) the landlord withholds consent; and
(b) the tenant believes that the withholding of
20 the consent is unreasonable.
(2) If, after giving each party an opportunity to be
heard, the Tribunal determines that consent is not
required, the assignment or sub-letting may go
ahead without the landlord's consent.
25 83. Director of Housing may withhold consent in certain
circumstances
For the purposes of this Division, it is not
unreasonable for a landlord to withhold consent to
an assignment or sub-letting of rented premises
30 if--
(a) the landlord is the Director of Housing; and
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(b) the ground for withholding that consent is
that the assignment or sub-letting would
disadvantage persons on a public housing
waiting list.
5 84. Landlord cannot ask for fee for giving consent
(1) A landlord must not--
(a) demand or receive a fee or payment for
giving consent to the assignment or sub-
letting of rented premises; or
10 (b) refuse to consent to an assignment or sub-
letting of rented premises on the ground that
the tenant has refused to pay a fee or amount
for the consent.
Penalty: 10 penalty units.
15 (2) If the tenant has paid the landlord a fee or amount
for the consent to an assignment or sub-letting, the
tenant may apply to the Tribunal for an order that
the landlord refund to the tenant the amount of the
payment.
20 (3) This section does not prevent a landlord from
requiring the tenant to bear any fees, costs or
charges incurred by the landlord in connection
with the preparation of a written assignment of a
tenancy agreement.
25 Division 8--Rights of entry
85. Entry of rented premises
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A landlord or the landlord's agent has a right to
enter rented premises together with any persons
who are necessary to achieve the purpose of the
entry--
5 (a) at any time agreed with the tenant if the
tenant has consented not more than 7 days
before the entry; or
(b) for a purpose set out in section 86, at any
time between 8 a.m. and 6 p.m. on any day
10 (except a public holiday) if at least 24 hours
notice has been given to the tenant in
accordance with section 88.
86. Grounds for entry of rented premises
(1) A right of entry in respect of rented premises may
15 be exercised if--
(a) before giving notice of entry, a notice to
vacate or a notice of intention to vacate the
rented premises had been given and entry is
required to show the premises to a
20 prospective tenant; or
(b) the premises are to be sold or used as
security for a loan and entry is required to
show the premises to a prospective buyer or
lender; or
25 (c) entry is required to enable the landlord to
carry out a duty under this Act, the tenancy
agreement or any other Act; or
(d) entry is required for valuation purposes; or
(e) the landlord or the landlord's agent has
30 reasonable grounds to believe that the tenant
has failed to comply with his or her duties
under this Act or the tenancy agreement; or
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88
Act No.
(f) entry is required to enable inspection of the
premises and entry for that purpose has not
been made within the last 6 months.
(2) A right of entry for a purpose set out in sub-
5 section (1)(a) may only be exercised in the period
of 14 days before the termination date specified in
the notice to vacate or notice of intention to
vacate.
87. Manner of entry
10 A person exercising a right of entry under this
Division--
(a) must do so in a reasonable manner; and
(b) must not stay or permit others to stay on the
rented premises longer than is necessary to
15 achieve the purpose of the entry without the
tenant's consent.
88. What must be in a notice of entry?
A notice requiring entry must--
(a) be in writing; and
20 (b) state why the landlord or landlord's agent
wishes to enter; and
(c) be given--
(i) by post; or
(ii) by delivering it personally to the tenant
25 between the hours of 8 a.m. and 6 p.m.
89. Tenant has duty to permit entry
A tenant has a duty to permit a person exercising a
right of entry in accordance with this Division to
enter the rented premises.
30 90. What if damage is caused during entry?
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(1) A tenant may apply to the Tribunal for an order
for compensation if the landlord or the landlord's
agent or a person accompanying them causes
damage to the tenant's goods on the rented
5 premises when exercising a right of entry under
section 85.
(2) If an application is made under sub-section (1), the
Tribunal--
(a) may make an order for payment of any
10 compensation that it thinks fit if it is satisfied
that damage was caused to the tenant's goods
on the rented premises; or
(b) may refuse to make an order.
91. What if a person exercising right of entry fails to
15 comply with Division?
(1) If the landlord or the landlord's agent has
exercised a right of entry and in doing so fails to
comply with this Division, the tenant may apply to
the Tribunal for an order restraining the landlord
20 and the landlord's agent from exercising a right of
entry under section 85 for a specified period.
(2) If an application is made under sub-section (1), the
Tribunal--
(a) may make an order prohibiting the landlord
25 and the landlord's agent from exercising a
right of entry under section 85 (except for a
purpose set out in section 86(1)(c) or (e))
during the period specified in the order if it is
satisfied that it is reasonable to do so; or
30 (b) may refuse to make an order.
_______________
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PART 3--ROOMING HOUSES--RESIDENCY RIGHTS
AND DUTIES
Division 1--Residency rights
92. Residency right
5 Subject to this Act, a resident has the right--
(a) to reside in the room that he or she occupies;
and
(b) to use the facilities in the rooming house.
93. Rights cannot be assigned
10 The rights conferred on a resident of a rooming
house by this Act are not assignable or
transferable.
94. Power to enter tenancy agreements or other
agreements
15 (1) Nothing in this Act affects the right of a resident
and a rooming house owner to enter into a tenancy
agreement.
(2) A rooming house owner and a resident may enter
an agreement (not being a tenancy agreement)
20 specifying the terms and conditions of the
resident's use and enjoyment of the rooming
house.
(3) A term or condition in an agreement under sub-
section (2) that is inconsistent with this Act or that
25 purports to restrict, exclude or modify the
application of or exercise of a right conferred by
this Act is invalid.
(4) In this section, "resident" includes a proposed
resident.
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Division 2--Bonds
95. Payment of bond
A rooming house owner may require a resident or
proposed resident to pay a bond before the
5 resident takes up occupancy of a room.
96. What is the maximum bond?
A rooming house owner must not demand or
accept a bond that exceeds the equivalent of 14
days rent.
10 Penalty: 10 penalty units.
97. Condition report
(1) If a resident or proposed resident pays a bond, the
rooming house owner must, before the resident or
proposed resident enters into occupation of the
15 room, give the resident or proposed resident 2
copies of a condition report signed by or on behalf
of the owner specifying the state of repair and
general condition of the room on the day specified
in the report.
20 Penalty: 5 penalty units.
(2) Within 3 business days after entering into
occupation of the room, the resident must return
one copy of the condition report to the rooming
house owner--
25 (a) signed by or on behalf of the resident; or
(b) with an endorsement so signed to the effect
that the resident agrees or disagrees with the
whole or any specified part of the report.
98. Condition report is evidence of state of repair
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(1) A statement in a condition report under section 97
is conclusive evidence, for the purposes of this
Act, of the state of repair or general condition of
the room on the day specified in the report if the
5 report is signed by or on behalf of the rooming
house owner and the resident.
(2) Sub-section (1) does not apply to--
(a) a state of repair or general condition that
could not reasonably have been discovered
10 on a reasonable inspection of the room; or
(b) a statement with which the resident disagrees
under an endorsement on the report.
Division 3--Rent
99. Limit on rent in advance
15 A rooming house owner must not require a
resident to pay rent more than 14 days in advance.
Penalty: 10 penalty units.
100. Receipts for rent
(1) A person who receives a payment of rent from a
20 resident of a rooming house must give a written
receipt in accordance with this section to the
person making the payment--
(a) immediately, if the payment is made in
person; or
25 (b) if the payment is not made in person and a
receipt is requested at the time of making the
payment, within 5 business days of receiving
the payment.
Penalty: 5 penalty units.
30 (2) If a person receives a payment of rent from a
resident of a rooming house and a receipt is not
required to be given under sub-section (1), the
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person must prepare a written receipt in
accordance with this section and retain it until--
(a) it is collected by the resident; or
(b) the end of 12 months after receiving the
5 payment--
whichever occurs earlier.
Penalty: 5 penalty units.
(3) A receipt under this section must be signed by the
person who receives the payment and must
10 state--
(a) the name of the resident and the rooming
house; and
(b) the date of receipt; and
(c) the period for which payment is made; and
15 (d) the amount paid; and
(e) the fact that the payment is for rent.
(4) The regulations may provide that a prescribed
person is exempt from sub-section (1), (2) or (3)
subject to the conditions, if any, specified in the
20 regulations.
101. How much notice of rent increase is required?
(1) Subject to sub-section (3), a rooming house owner
must give a resident at least 90 days written notice
of a proposed rent increase.
25 (2) A notice of a proposed rent increase under sub-
section (1) may only provide for one rent increase.
(3) If a rooming house owner provides additional
services to the resident at the resident's request,
the owner may increase the rent by an amount
30 agreed between them from the time that the
additional services are provided without giving the
notice required under sub-section (1).
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(4) An agreement under sub-section (3) must--
(a) be in writing; and
(b) be signed by the resident and the rooming
house owner; and
5 (c) specify--
(i) the additional services to be provided;
and
(ii) the amount of the increase; and
(iii) the date the increase will start to apply.
10 (5) The notice of a proposed rent increase must
include a statement informing the resident of the
resident's right under section 102 to apply to the
Director to investigate and report on the proposed
rent.
15 (6) A rent increase in contravention of this section is
invalid.
102. Resident may complain to Director about excessive
rent
(1) A resident of a rooming house may apply to the
20 Director to investigate and report if the resident
has received a notice of a rent increase and the
resident considers that the proposed rent is
excessive.
(2) An application under sub-section (1) must be
25 made in writing within 30 days after the notice of
the rent increase is given.
(3) As soon as practicable after receiving an
application, the Director must--
(a) carry out an investigation; and
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(b) give a written report to the resident and a
copy of the report to the rooming house
owner.
(4) The report of the Director must--
5 (a) include a statement informing the resident of
the resident's right under section 103 to apply
to the Tribunal for an order in respect of the
proposed rent; and
(b) take into account the matters referred to in
10 section 104(3).
103. Application to Tribunal about excessive rent
(1) After receiving a report from the Director under
section 102, the resident may apply to the Tribunal
for an order declaring the proposed rent excessive.
15 (2) An application under sub-section (1) must--
(a) be made within 30 days after the resident
receives the Director's report; and
(b) include a copy of that report.
104. What can the Tribunal order?
20 (1) If an application is made under section 103, the
Tribunal may--
(a) make an order--
(i) declaring the proposed rent excessive;
and
25 (ii) directing that for the period specified in
the order the rent must not exceed the
amount specified in the order; or
(b) dismiss the application.
(2) The Tribunal must have regard to the Director's
30 report obtained under section 102 in determining
the application.
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(3) The Tribunal must make an order declaring the
proposed rent excessive if it is satisfied that the
proposed rent is more than that which should
reasonably be paid by a resident having regard
5 to--
(a) the rent payable for a similar room in the
rooming house;
(b) the rent payable for a similar room in a
similar rooming house in a similar location;
10 (c) the state of repair and general condition of
the room and the rooming house;
(d) any variation in the cost of providing
facilities and services in the rooming house;
(e) any changes in the rent and the condition of
15 the room or facilities since the resident first
occupied the room and since the last rent
increase;
(f) any improvements made to the room that
should not result in an increase because they
20 were made by the resident.
(4) If the Tribunal makes an order under sub-section
(1)(a) in relation to a room, the rooming house
owner cannot require the resident to pay an
amount of rent greater than that specified in the
25 order for a period of 6 months after the day on
which the order comes into operation.
(5) The amount specified in the order must not be less
than the amount payable by the resident
immediately before the notice was given under
30 section 101.
105. Payment of increased rent pending Tribunal decision
(1) Pending the Tribunal's decision under section 104,
the resident must pay, from the time that the
proposed increase is to apply--
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(a) the increased rent specified in the notice
under section 101; or
(b) 110% of the rent immediately before the
notice was given--
5 whichever is less.
(2) If the Tribunal makes an order under section 104,
it may also order that any excess rent paid by the
resident from the time the increase took effect
until the date of the order be refunded by the
10 rooming house owner.
(3) The order may specify the procedure for the
refund to the resident.
106. Rent must be reduced if services are reduced
If a rooming house owner ceases to provide
15 services to a resident, the rooming house owner
must reduce the rent by--
(a) the amount agreed between them; or
(b) an amount determined by the Tribunal in the
absence of any agreement on an application
20 by either party.
107. Resident's goods not to be taken for rent
A person must not take or dispose of a resident's
goods on account of any rent owing by the
resident of the rooming house.
25 Penalty: 10 penalty units.
Division 4--Other charges
108. Separately metered rooms
(1) A rooming house owner may charge a resident a
charge not included in rent for electricity and gas
30 consumed in the room if--
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(a) the rooming house owner is responsible for
the payment of the electricity and gas; and
(b) the room is separately metered.
(2) A charge under sub-section (1) must not be more
5 than the charge made by the relevant supply
authority.
109. Schedule of services provided to be given to resident
If a rooming house owner charges an amount for
services to a resident, the owner must--
10 (a) provide the resident with a separate schedule
of the amount relating to the services that the
rooming house owner provides before the
resident takes up residency of the room; and
(b) if the resident uses any of those services,
15 provide the resident with an itemised account
showing the resident's individual use of the
services.
Division 5--General duties of residents and rooming
house owners
20 110. Resident's use of room
A resident must use the room for residential
purposes only.
111. Resident must not use room for illegal purposes
A resident must not use the room or permit its use
25 for any purpose that is illegal at common law or
under an Act.
112. Resident's duty to pay rent
A resident must pay the agreed rent to the rooming
house owner on the due date and in the agreed
30 manner.
113. Quiet enjoyment--resident's duty
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A resident must not do anything in or near the
rooming house or allow his or her visitors to the
rooming house to do anything which interferes
with the privacy and peace and quiet of the other
5 residents or their proper use and enjoyment of the
rooming house.
114. Resident must keep room in clean condition
A resident must keep the room clean and in a
condition which will not create a fire or health
10 hazard.
115. Resident must not install fixtures without consent
A resident must not install any fixtures in the
room or rooming house without the prior written
consent of the rooming house owner.
15 116. Resident must notify owner of and compensate for
damage
(1) If any damage other than fair wear and tear is
caused to the room or rooming house by the
resident or his or her visitors, the resident must
20 notify the rooming house owner of the damage
and pay compensation for the damage to the
rooming house owner.
(2) A resident must report to the rooming house
owner any damage to or breakdown of facilities,
25 fixtures, furniture or equipment provided by the
rooming house owner of which the resident has
knowledge.
117. Resident must not keep pet without consent
A resident must not keep an animal on the
30 premises of the rooming house without the
rooming house owner's consent.
118. Resident must give key to owner
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A resident must give the rooming house owner a
key to the door to the room to allow access as
permitted by this Act.
119. Resident must observe house rules
5 A resident must observe all house rules made from
time to time in accordance with this Act.
120. Rooming house owner must keep room and house in
good repair
(1) A rooming house owner must ensure that the
10 rooming house and its rooms and any facilities,
fixtures, furniture or equipment provided by the
rooming house owner are maintained in good
repair.
(2) If a rooming house owner is repairing or
15 renovating residents' facilities, the owner must--
(a) minimise inconvenience and disruption to
the residents; and
(b) if necessary, provide temporary substitute
facilities.
20 121. Rooming house owner must provide access
A rooming house owner must--
(a) provide a resident with 24 hour access to his
or her room and the toilet and bathroom
facilities;
25 (b) provide access during all reasonable hours to
other facilities for the resident's use in the
rooming house.
122. Quiet enjoyment--rooming house owner's duty
A rooming house owner must not unreasonably
30 restrict or interfere with a resident's privacy, peace
and quiet or proper use and enjoyment of his or
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s. 123
Act No.
her room and the facilities for the residents' use in
the rooming house.
123. Security
A rooming house owner must take all reasonable
5 steps to ensure security for the property of a
resident in his or her room.
124. Display of statement of rights and house rules
A rooming house owner must display prominently
in each resident's room and, not later than the day
10 on which a resident agrees to take up occupation,
give the resident--
(a) a written statement in a form approved by the
Director setting out in summary form the
resident's rights and duties under this Act;
15 and
(b) a copy of the house rules.
Penalty: 5 penalty units.
125. Owner to give additional information
(1) If there is no agent acting for the rooming house
20 owner, a rooming house owner must, on or before
the occupation day, give the resident--
(a) written notice of the rooming house owner's
full name and address for the service of
documents; and
25 (b) an emergency telephone number to be used
in the case of the need for urgent repairs.
Penalty: 5 penalty units.
(2) If there is an agent acting for the rooming house
owner, a rooming house owner must, on or before
30 the occupation day, give the resident--
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(a) written notice of the agent's full name and
address for service of documents and the
agent's telephone number; and
(b) a written statement setting out--
5 (i) whether or not the agent can authorise
urgent repairs; and
(ii) if the agent can authorise urgent repairs,
the maximum amount for repairs which
the agent can authorise; and
10 (iii) the agent's telephone number for urgent
repairs.
Penalty: 5 penalty units.
(3) A rooming house owner must give the resident
notice in writing of any change in the information
15 set out in sub-section (1) or (2) before the end of 7
days after the change.
Penalty: 5 penalty units.
(4) In this section "occupation day" means a day
that is the agreed day on which the resident is to
20 take up occupation of a room.
126. House rules
A rooming house owner may make house rules
relating to the use and enjoyment of facilities and
rooms.
25 127. Duties relating to house rules
(1) The rooming house owner must give a resident at
least 7 days written notice of any proposed change
in the house rules.
Penalty: 5 penalty units.
30 (2) A rooming house owner must--
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(a) take all reasonable steps to ensure that the
house rules are observed by all residents; and
(b) ensure that the house rules are reasonable
and are enforced and interpreted consistently
5 and fairly.
128. What if house rules are thought to be unreasonable?
(1) A resident may apply to the Tribunal for an order
declaring a house rule to be unreasonable.
(2) An application under sub-section (1) must--
10 (a) be signed by the applicant; and
(b) be accompanied by a copy of the house rules;
and
(c) specify which house rules are considered to
be unreasonable; and
15 (d) specify the reasons why the house rules are
considered unreasonable.
(3) If the Tribunal considers that a house rule is
unreasonable, it may declare the rule invalid.
Division 6--Repairs
20 129. Urgent repairs
(1) A resident may arrange for urgent repairs to be
carried out if--
(a) the resident has taken reasonable steps to
arrange for the rooming house owner or the
25 rooming house owner's agent to immediately
carry out the urgent repairs to the room or the
rooming house; and
(b) the resident is unable to get the rooming
house owner or the agent to carry out those
30 repairs.
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(2) If the resident carries out repairs under sub-section
(1)--
(a) the resident must give the rooming house
owner 14 days written notice of the repairs
5 carried out and the cost; and
(b) the rooming house owner is liable to
reimburse the resident for the reasonable cost
of the repairs or $1000, whichever is less.
(3) This section does not apply--
10 (a) to fixtures, furniture or equipment supplied
by the resident; or
(b) if there is no immediate danger to health or
safety and the resident is able to use other
facilities in the rooming house.
15 130. Application to Tribunal for urgent repairs
(1) A resident may apply to the Tribunal for an order
requiring the rooming house owner or the rooming
house owner's agent to carry out specified urgent
repairs if--
20 (a) the resident cannot meet the cost of the
repairs; or
(b) the repairs cost more than $1000; or
(c) the rooming house owner refuses to pay the
cost of the urgent repairs.
25 (2) The Tribunal must hear an application under sub-
section (1) within 2 business days after the
application is made.
131. Application to Director to investigate need for non-
urgent repairs
30 (1) A resident may apply to the Director to investigate
whether the rooming house owner is in breach of a
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duty to ensure the room or the rooming house is
maintained in good repair if--
(a) the resident has given notice to the rooming
house owner that repairs (other than urgent
5 repairs) are required to the room or rooming
house; and
(b) the rooming house owner has not carried out
the repairs within 14 days after being given
the notice.
10 (2) An application under sub-section (1) must be in
writing.
(3) On an application under sub-section (1), the
Director--
(a) must investigate; and
15 (b) may negotiate arrangements for the carrying
out of repairs if the Director is satisfied that
the rooming house owner is in breach of the
duty to maintain the room or rooming house
in good repair; and
20 (c) must give a written report to the resident.
132. Application to Tribunal for non-urgent repairs
(1) A resident may apply to the Tribunal for an order
requiring the rooming house owner to carry out
specified repairs if--
25 (a) the resident has received the Director's report
under section 131; and
(b) the resident is still of the view that
satisfactory arrangements have not been
made for the carrying out of the repairs.
30 (2) The resident must include a copy of the Director's
report under section 131 in the application under
sub-section (1).
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(3) The Registrar must give a copy of the Director's
report included in the application under sub-
section (1) to the rooming house owner with the
notice of hearing given under Part 11.
5 (4) A resident may apply to the Tribunal for an order
requiring the rooming house owner to carry out
specified repairs without the report of the Director
under section 131 if the resident has not received
that report within 90 days after the resident
10 applied for that report.
133. What can the Tribunal order?
(1) The Tribunal may make an order requiring the
rooming house owner to carry out specified
repairs if it is satisfied that the owner is in breach
15 of the duty to maintain the room or rooming house
in good repair.
(2) The order must specify the repairs and the time
within which they must be carried out.
134. Payment of rent into Rent Special Account
20 (1) If a resident has given notice under section 131
requiring repairs to be carried out, the resident
may apply to the Tribunal for an order authorising
the payment of the rent into the Rent Special
Account.
25 (2) The Tribunal may make an order authorising the
resident to pay the rent into the Rent Special
Account for a period specified by the Tribunal if it
is satisfied that--
(a) a notice requiring the carrying out of repairs
30 has been given to the rooming house owner
in accordance with this Act; and
(b) the rooming house owner has failed to
comply with the duty to carry out the repairs.
(3) If an order is made under sub-section (2)--
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(a) the amount of the rent held in the Rent
Special Account at the end of that period
must be paid to the rooming house owner;
and
5 (b) on application by the rooming house owner,
the Tribunal may order that the whole or
such part of the rent as it may determine be
paid to the rooming house owner before the
end of that period, if it is satisfied that the
10 owner has fulfilled or is fulfilling the owner's
duty to carry out the repairs.
135. Repair provisions not applicable to certain damage
Sections 131 to 134 do not apply to damage
caused by the misuse or the negligence of the
15 resident or his or her visitor.
Division 7--Rights of entry
136. Access to room
A rooming house owner or a person appointed in
writing as the rooming house owner's agent for the
20 purpose has a right to enter a room occupied by a
resident--
(a) if the resident agrees at the time entry is
sought; or
(b) if there is an emergency and immediate entry
25 is necessary to save life or valuable property;
or
(c) if services are provided and it is necessary to
enter to provide them, but only during the
hours specified in the house rules; or
30 (d) for a purpose set out in section 137, at any
time between 8 a.m. and 6 p.m. on any day
(except a public holiday) if at least 24 hours
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notice has been given to the resident in
accordance with section 139.
137. Grounds for entry of a room
A right of entry in respect of a room may be
5 exercised if--
(a) before giving notice of entry, a notice to
vacate or a notice of intention to vacate the
room has been given and entry is required to
show the room to a prospective resident; or
10 (b) the rooming house is to be sold or used as
security for a loan and entry is required to
show the rooming house to a prospective
buyer or lender; or
(c) entry is required to enable the rooming house
15 owner to carry out a duty under this Act or
any other Act; or
(d) the rooming house owner or the rooming
house owner's agent has reasonable grounds
to believe that the resident has failed to
20 comply with his or her duties under this Act;
or
(e) entry is required to enable inspection of the
room and entry for that purpose has not been
made within the last 4 weeks.
25 138. Manner of entry
A person exercising a right of entry under this
Division--
(a) must do so in a reasonable manner; and
(b) must not stay in the room longer than is
30 necessary to achieve the purpose of the entry
without the resident's consent.
139. What must be in a notice of entry?
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A notice requiring entry must--
(a) be in writing; and
(b) state why the rooming house owner or the
rooming house owner's agent wishes to enter;
5 and
(c) be given--
(i) by post; or
(ii) by delivering it personally to the
resident between the hours of 8 a.m.
10 and 6 p.m.
140. Resident has duty to permit entry
A resident of a rooming house has a duty to permit
a person exercising a right of entry in accordance
with this Division to enter the room.
15 141. What if damage is caused during entry?
(1) A resident of a rooming house may apply to the
Tribunal for an order for compensation if the
rooming house owner or the rooming house
owner's agent causes damage to the resident's
20 goods in the room when exercising a right of entry
under section 136.
(2) If an application is made under sub-section (1), the
Tribunal--
(a) may make an order for payment of any
25 compensation that it thinks fit if it is satisfied
that damage was caused to the resident's
goods in the room; or
(b) may refuse to make an order.
142. What if a person exercising right of entry fails to
30 comply with Division?
(1) If the rooming house owner or the rooming house
owner's agent has exercised a right of entry and in
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doing so fails to comply with this Division, the
resident may apply to the Tribunal for an order
restraining the rooming house owner and the
rooming house owner's agent from exercising a
5 right of entry under section 136 for a specified
period.
(2) If an application is made under sub-section (1), the
Tribunal--
(a) may make an order prohibiting the rooming
10 house owner or the rooming house owner's
agent from exercising a right of entry under
section 136 (except for a purpose set out in
section 137(c) or (d)) during the period
specified in the order if it is satisfied that it is
15 reasonable to do so; or
(b) may refuse to make an order.
_______________
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PART 4--CARAVAN PARKS AND MOVABLE
DWELLINGS--RESIDENCY RIGHTS AND DUTIES
Division 1--Residency rights
143. Residency right
5 Subject to this Act, a resident has--
(a) a right to reside on the site which he or she
occupies; and
(b) a right to occupy the caravan on that site.
144. Agreements
10 (1) A resident and a caravan park owner may enter an
agreement specifying the terms and conditions of
the resident's use and enjoyment of the caravan
park.
(2) A resident and a caravan owner may enter an
15 agreement specifying the terms and conditions of
the resident's use and enjoyment of the caravan.
(3) A caravan park owner and a caravan owner may
enter an agreement specifying the terms and
conditions of the occupancy of a site by a caravan.
20 (4) A term or condition in an agreement under this
section that is inconsistent with this Act or that
purports to exclude, restrict or modify the
application of or exercise of a right conferred by
this Act is invalid.
25 (5) In this section "resident" includes a proposed
resident.
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145. Caravan park owner to notify prospective resident of
rights
A caravan park owner must give notice in the
prescribed form to a person who proposes to
5 occupy a site in the caravan park as his or her
main residence that--
(a) he or she may enter into a written agreement
with the caravan park owner to become a
resident of the caravan park at any time; and
10 (b) even if an agreement referred to in paragraph
(a) is not entered into, the person becomes a
resident of the caravan park if the person
occupies, for at least 90 consecutive days,
any site in the caravan park as his or her only
15 or main residence.
Penalty: 5 penalty units.
Division 2--Bonds
146. Payment of bond
(1) A caravan park owner may require a resident or
20 proposed resident to pay a bond before the
resident or proposed resident takes up occupancy
of a caravan or site.
(2) A caravan owner may require a resident or
proposed resident to pay a bond before the
25 resident or proposed resident takes up occupancy
of a caravan.
(3) A caravan park owner must not require a person to
pay a bond unless the caravan park owner has
entered into a written agreement with the person
30 to become a resident of the caravan park.
Penalty: 10 penalty units.
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147. What is the maximum bond?
A caravan park owner or caravan owner must not
demand or receive a bond which exceeds the
equivalent of the rent or hiring charge payable for
5 a period of 28 days.
Penalty: 10 penalty units.
148. Condition report
(1) If a resident or proposed resident pays a bond, the
caravan park owner or caravan owner must, before
10 the resident or proposed resident enters into
occupation, give the resident or proposed resident
2 copies of a condition report signed by or on
behalf of the caravan park owner or caravan owner
specifying the state of repair and general condition
15 of the caravan on the day specified in the report.
Penalty: 5 penalty units.
(2) Within 3 business days after entering into
occupation, the resident must return one copy of
the condition report to the caravan park owner or
20 caravan owner--
(a) signed by or on behalf of the resident; or
(b) with an endorsement so signed to the effect
that the resident agrees or disagrees with the
whole or any specified part of the report.
25 149. Condition report is evidence of state of repair
(1) A statement in a condition report under section
148 is conclusive evidence, for the purposes of
this Act, of the state of repair or general condition
of the caravan on the day specified in the report if
30 the report is signed by or on behalf of--
(a) the caravan park owner or the caravan
owner; and
(b) the resident.
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(2) Sub-section (1) does not apply to--
(a) a state of repair or general condition that
could not reasonably have been discovered
on a reasonable inspection of the caravan; or
5 (b) a statement with which the resident disagrees
under an endorsement on the report.
Division 3--Rents and hiring charges
150. Limit on rent or hiring charge in advance
(1) A caravan park owner must not require a resident
10 to pay rent more than 14 days in advance.
Penalty: 10 penalty units.
(2) A caravan owner must not require a resident to
pay a hiring charge more than 28 days in advance.
Penalty: 10 penalty units.
15 151. Receipts for rent or hiring charge
(1) A person who receives a payment of rent or a
payment of a hiring charge from a resident must
give a written receipt in accordance with this
section to the person making the payment--
20 (a) immediately, if the payment is made in
person; or
(b) if the payment is not made in person and a
receipt is requested at the time of making the
payment, within 5 business days of receiving
25 the payment.
Penalty: 5 penalty units.
(2) If a person receives a payment of rent or a
payment of a hiring charge from a resident and a
receipt is not required to be given under sub-
30 section (1), the person must prepare a written
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receipt in accordance with this section and retain it
until--
(a) it is collected by the resident; or
(b) the end of 12 months after receiving the
5 payment--
whichever first occurs.
Penalty: 5 penalty units.
(3) A receipt under this section must be signed by the
person who receives the payment and must state--
10 (a) the name of the resident and the caravan
park; and
(b) the date of receipt; and
(c) the period for which payment is made; and
(d) the amount paid; and
15 (e) the fact that the payment is for rent or a
hiring charge.
(4) The regulations may provide that a prescribed
person is exempt from sub-section (1), (2) or (3)
subject to the conditions, if any, specified in the
20 regulations.
152. How much notice is required of rent or hiring charge
increase?
(1) A caravan park owner must give a resident at least
90 days written notice of a proposed rent increase.
25 (2) A caravan owner must give a resident at least 90
days written notice of a proposed hiring charge
increase.
(3) A notice of a proposed rent increase under sub-
section (1) or a proposed hiring charge increase
30 under sub-section (2) may only provide for one
rent increase or hiring charge increase.
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(4) If the caravan park owner is also the caravan
owner or the agent of the caravan owner, the
notice must specify the rent increase and hiring
charge increase separately.
5 (5) The notice of a proposed rent increase or hiring
charge increase must include a statement
informing the resident of the resident's right under
section 153 to apply to the Director to investigate
and report on the proposed rent or hiring charge.
10 (6) A rent increase or hiring charge increase in
contravention of this section is invalid.
153. Resident may complain to Director about excessive
rent or hiring charge
(1) A resident of a caravan park may apply to the
15 Director to investigate and report if the resident
has received a notice of a rent increase or hiring
charge increase and the resident considers that the
proposed rent or hiring charge is excessive.
(2) An application under sub-section (1) must be
20 made in writing within 30 days after the notice of
the rent or hiring charge increase is given.
(3) As soon as practicable after receiving an
application, the Director must--
(a) carry out an investigation; and
25 (b) give a written report to the resident and a
copy of the report to the caravan park owner
or caravan owner.
(4) The report of the Director must--
(a) include a statement informing the resident of
30 the resident's right under section 154 to apply
to the Tribunal for an order in respect of the
proposed rent or hiring charge; and
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(b) take into account the matters referred to in
section 155(3).
154. Application to Tribunal about excessive rent or hiring
charge
5 (1) After receiving a report from the Director under
section 153, the resident may apply to the Tribunal
for an order declaring the proposed rent or hiring
charge excessive.
(2) An application under sub-section (1) must--
10 (a) be made within 30 days after the resident
receives the Director's report; and
(b) include a copy of that report.
155. What can the Tribunal order?
(1) If an application is made under section 154, the
15 Tribunal may--
(a) make an order--
(i) declaring the proposed rent or hiring
charge excessive; and
(ii) directing that for the period specified in
20 the order the rent or hiring charge must
not exceed the amount specified in the
order; or
(b) dismiss the application.
(2) The Tribunal must have regard to the Director's
25 report obtained under section 153 in determining
the application.
(3) The Tribunal must make an order declaring the
proposed rent excessive if it is satisfied that the
proposed rent is more than that which should
30 reasonably be paid by a resident having regard
to--
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(a) the rent payable for a similar site in the
caravan park;
(b) the rent payable for a similar site in a similar
caravan park in a similar location;
5 (c) the state of repair and general condition of
the site and the caravan park;
(d) any variation in the cost of providing
facilities or services that the caravan park
owner provides;
10 (e) any changes in the rent and the condition of
the site or facilities in the caravan park since
the resident first occupied the site and since
the last rent increase;
(f) any improvements made to the site which
15 should not result in an increase because they
were made by the resident.
(4) The Tribunal must make an order declaring a
proposed hiring charge excessive if it is satisfied
that the proposed hiring charge is more than that
20 which should reasonably be paid by a resident
having regard to--
(a) the hiring charges payable by a resident for a
similar caravan;
(b) the state of repair and general condition of
25 the caravan.
(5) If the Tribunal makes an order under sub-section
(1)(a), a caravan park owner or caravan owner
cannot require a resident to pay an amount of rent
or hiring charge greater than that specified in the
30 order for a period of 6 months after the day on
which the order comes into operation.
(6) The amount specified in the order must not be less
than the amount payable by the resident
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immediately before the notice was given under
section 152.
156. Payment of increased rent or hiring charge pending
Tribunal decision
5 (1) Pending the Tribunal's decision under section 155,
the resident must pay, from the time the proposed
increase is to apply--
(a) the increased rent or hiring charge specified
in the notice under section 152; or
10 (b) 110% of the rent or hiring charge
immediately before the notice was given--
whichever is less.
(2) If the Tribunal makes an order under section 155,
it may also order that any excess rent or hiring
15 charge paid by the resident from the time the
increase took effect until the date of the order be
refunded by the caravan park owner or the caravan
owner.
(3) The order may specify the procedure for the
20 refund to the resident.
157. Additional rent
(1) A caravan park owner may charge a resident a
reasonable additional rent for any visitor who
stays in the caravan owned by the resident or hired
25 by the resident from a caravan owner.
(2) A resident may apply to the Tribunal for an order
that the additional rent is unreasonable.
(3) If, after hearing the resident and the caravan park
owner, the Tribunal determines that the amount of
30 the additional rent is unreasonable, it may
determine in the order the amount of additional
rent to be paid by the resident.
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158. Additional hiring charge
(1) A caravan owner may charge a resident a
reasonable additional hiring charge for any visitor
who stays in a caravan hired by the resident from
5 the caravan owner.
(2) A resident may apply to the Tribunal for an order
that the additional hiring charge is unreasonable.
(3) If, after hearing the resident and the caravan
owner, the Tribunal determines that the amount of
10 the additional hiring charge is unreasonable, it
may determine in the order the amount of
additional hiring charge to be paid by the resident.
159. Rent must be reduced if services are reduced
If a caravan park owner ceases providing services
15 to a resident, the caravan park owner must reduce
the rent by--
(a) the amount agreed between them; or
(b) an amount determined by the Tribunal in the
absence of any agreement on an application
20 by either party.
160. Resident's goods not to be taken for rent or hiring
charges
A person must not take or dispose of a resident's
goods on account of rent or hiring charges owing
25 by the resident.
Penalty: 10 penalty units.
Division 4--Other charges
161. Fee for supply of key
A caravan park owner may charge a reasonable
30 initial fee for the supply of a key or device
enabling a resident to gain vehicular access to the
caravan park.
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162. Resident's liability for electricity, gas and water
charges
(1) A resident is liable for all charges made for the
supply or use of electricity, gas, water, drainage
5 and sewerage to a site while the resident occupies
the site, if those services are separately metered.
(2) A resident is liable for all charges in respect of the
supply or use of bottled gas at a site while the
resident occupies the site.
10 163. Caravan park owner's liability for electricity, gas and
water charges
A caravan park owner is liable for--
(a) the installation costs and charges in respect
of the initial connection to a site of any
15 electricity, water or gas (including bottled
gas) supply service;
(b) the cost of all services to a site if those
services are not separately metered;
(c) all charges arising from a water supply
20 service to a separately metered site that are
not based on the amount of water supplied or
used;
(d) all charges related to the supply or use of
sewerage and drainage services to or at a
25 separately metered site that are not based on
the extent of use of the services.
164. Owner's responsibility for charges for supply to non-
complying appliances
(1) A caravan owner is liable for the cost of water
30 supplied to or used in the caravan for as long as
the owner is in breach of section 181 or any law
requiring the use of water efficient appliances for
the caravan.
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(2) Sub-section (1) applies despite anything to the
contrary in section 162 of this Act and Part 13 of
the Water Act 1989 and Part II of the Melbourne
and Metropolitan Board of Works Act 1958.
5 165. Reimbursement
(1) If a caravan park owner pays for anything for
which a resident is liable under section 162, the
resident must reimburse the owner within 28 days
after receiving a written request for reimbursement
10 attached to a copy of the account and the receipt or
other evidence of payment.
(2) If a resident pays for anything for which the
caravan park owner or caravan owner is liable
under section 163 or 164, the owner must
15 reimburse the resident within 28 days after
receiving a written request for reimbursement
attached to a copy of the account and the receipt or
other evidence of payment.
(3) Sub-section (1) does not apply if the caravan park
20 owner directly bills the resident under a re-sale
agreement with a supply authority.
166. Owner must not seek overpayment for utility charges
(1) A caravan park owner must not seek payment or
reimbursement for a cost or charge under section
25 165 that is more than the amount that the relevant
supply authority would have charged the resident.
Penalty: 10 penalty units.
(2) If the relevant supply authority has issued an
account to the caravan park owner, a caravan park
30 owner cannot recover from the resident an amount
which includes any amount that could have been
claimed as a concession or rebate by or on behalf
of the resident from the relevant supply authority.
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(3) Sub-section (2) does not apply if the concession or
rebate--
(a) must be claimed by the resident and the
caravan park owner has given the resident
5 the opportunity to claim it and the resident
does not do so by the payment date set by the
relevant supply authority; or
(b) is paid directly to the resident as a refund.
Division 5--General duties of residents, caravan park
10 owners and caravan owners
167. Resident's use of site
(1) A resident must use the site for residential
purposes only.
(2) A resident must use the site, caravan park and
15 facilities properly and ensure that his or her
visitors do the same.
168. Resident must not use site for illegal purposes
A resident must not use the site or permit its use
for any purpose that is illegal at common law or
20 under an Act.
169. Resident's duty to pay rent and hiring charge
A resident must--
(a) pay the rent and other charges agreed with
the caravan park owner on the due dates and
25 in the agreed manner; and
(b) pay the hiring charges to the caravan owner
on the due dates and in the agreed manner.
170. Quiet enjoyment--resident's duty
A resident must not do anything in or near the site
30 or caravan park or allow his or her visitors to the
caravan park or site to do anything which
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interferes with the privacy and peace and quiet of
other occupants of the caravan park or their proper
use and enjoyment of the caravan park.
171. Resident must keep site clean
5 (1) A resident must keep the site clean and tidy.
(2) A resident must maintain the site and caravan in a
manner and condition that do not detract from the
general standard of the caravan park as set by the
caravan park owner from time to time.
10 172. Resident must not erect structures
A resident must not erect any structure on the site
or in the caravan park without the prior written
consent of the caravan park owner.
173. Resident must notify owner of and compensate for
15 damage
(1) If any damage other than fair wear and tear is
caused to the caravan or any facility in the caravan
park by the resident or his or her visitors, the
resident must--
20 (a) repair the damage; or
(b) notify the caravan owner or caravan park
owner of the damage and pay compensation
for the damage to the caravan owner or the
caravan park owner.
25 (2) A resident must report to the caravan park owner
any damage to or breakdown of communal
facilities of which the resident has knowledge.
174. Number of persons residing on site
A resident must not allow more than the number
30 of persons agreed with the caravan park owner to
reside on the site.
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175. Resident must observe caravan park rules
A resident must observe all caravan park rules
made from time to time in accordance with this
Act.
5 176. Caravan park owner must provide access
A caravan park owner must--
(a) provide 24 hours vehicular access for all
residents to all sites; and
(b) provide 24 hour access for all residents to the
10 caravan park and the communal toilet and
bathroom facilities; and
(c) provide access during all reasonable hours
for residents to recreational areas, laundry
and communal facilities other than toilets
15 and bathrooms.
177. Quiet enjoyment--caravan park owner's duty
A caravan park owner must not unreasonably
restrict or interfere with a resident's privacy, peace
and quiet or proper use and enjoyment of the site
20 and the communal facilities.
178. Caravan park owner must keep park etc. clean
A caravan park owner must--
(a) keep common areas, gardens, roadways,
paths and recreation areas in the caravan park
25 clean and in a safe condition; and
(b) arrange for the collection of residents'
garbage and other garbage from the caravan
park.
179. Duty of caravan park owner to maintain communal
30 areas
(1) A caravan park owner must maintain, repair and
keep clean and tidy all communal bathrooms,
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toilets, laundries and other communal facilities in
the caravan park.
(2) When repairing or renovating communal facilities,
a caravan park owner must--
5 (a) minimise inconvenience and disruption to
residents; and
(b) if necessary, provide temporary substitute
facilities.
180. Maintenance and repair of caravans
10 (1) A caravan park owner must maintain in good
repair a caravan hired on site to a resident.
(2) A caravan owner who is not also the caravan park
owner must maintain in good repair a caravan
hired to a resident.
15 181. Owner must ensure water efficient appliances
installed
A caravan owner must ensure that, if an appliance,
fitting or fixture provided by the caravan owner
that uses or supplies water in a caravan hired to
20 the resident or on the site occupied by the resident
needs to be replaced, the replacement has at least
an A rating.
182. Statement of rights and copy of park rules
Not later than the day on which a resident enters
25 into occupation of a site in a caravan park, the
caravan park owner must give the resident--
(a) a written statement in a form approved by the
Director setting out in summary form the
resident's rights and duties under this Act;
30 and
(b) a copy of the caravan park rules.
Penalty: 5 penalty units.
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183. Statement of scale of certain charges, fees and
commissions
(1) Not later than the day on which a resident enters
into occupation of a site in the caravan park, a
5 caravan park owner must give the resident a
statement setting out--
(a) the scale of additional rent for visitors set by
the caravan park owner payable by a
resident; and
10 (b) the scale of additional hiring charges for
visitors set by the caravan owner payable by
a resident; and
(c) the fees, if any, which the caravan park
owner may charge for storage or removal of
15 a caravan; and
(d) the scale of commission which applies to the
sale of a caravan by a caravan park owner.
Penalty: 5 penalty units.
(2) A caravan park owner must give a resident at least
20 7 days written notice of any proposed change in
any amount set out in sub-section (1).
Penalty: 5 penalty units.
184. Owner to give additional information
(1) If there is no agent acting for the caravan park
25 owner, a caravan park owner must, on or before
the required day, give the resident--
(a) written notice of the caravan park owner's
full name and address for the service of
documents; and
30 (b) an emergency telephone number to be used
in the case of the need for urgent repairs.
Penalty: 5 penalty units.
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(2) If there is an agent acting for the caravan park
owner, a caravan park owner must, on or before
the required day, give the resident--
(a) written notice of the agent's full name and
5 address for service of documents and the
agent's telephone number; and
(b) a written statement setting out--
(i) whether or not the agent can authorise
urgent repairs; and
10 (ii) if the agent can authorise urgent repairs,
the maximum amount for repairs which
the agent can authorise; and
(iii) the agent's telephone number for urgent
repairs.
15 Penalty: 5 penalty units.
(3) A caravan park owner must give a resident notice
in writing of any change in the information set out
in sub-section (1) or (2) before the end of 7 days
after the change.
20 Penalty: 5 penalty units.
(4) In this section "required day" means a day 7
days after a person becomes a resident of the
caravan park.
185. Caravan park rules
25 (1) A caravan park owner may from time to time
make rules relating to the use, enjoyment, control
and management of the caravan park.
(2) Without limiting sub-section (1), rules may be
made in relation to--
30 (a) the making and abatement of noise;
(b) motor vehicle speed limits within the
caravan park;
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(c) the parking of motor vehicles;
(d) the disposal of refuse;
(e) the keeping of pets;
(f) the playing of games and other sports
5 activities;
(g) the use and operation of communal facilities.
186. Duties relating to caravan park rules
(1) A caravan park owner must give the resident at
least 7 days written notice of any proposed change
10 in the caravan park rules.
Penalty: 5 penalty units.
(2) A caravan park owner must--
(a) take all reasonable steps to ensure that the
caravan park rules are observed by all
15 residents; and
(b) ensure that the caravan park rules are
reasonable and are enforced and interpreted
consistently and fairly.
187. What if the caravan park rules are thought to be
20 unreasonable?
(1) A resident may apply to the Tribunal for an order
declaring a caravan park rule to be unreasonable.
(2) An application must--
(a) be signed by the applicant; and
25 (b) be accompanied by a copy of the caravan
park rules; and
(c) specify which caravan park rules are
considered unreasonable; and
(d) specify the reasons why the caravan park
30 rules are considered unreasonable.
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(3) If the Tribunal considers that a caravan park rule
is unreasonable, it may declare the rule invalid.
(4) In making a declaration under sub-section (3) the
Tribunal must have regard to--
5 (a) the location of the caravan park; and
(b) the number and characteristics of the
residents; and
(c) the internal layout of the caravan park; and
(d) the amenities, improvements, facilities and
10 other physical features of the caravan park;
and
(e) the levels of rent and other charges paid by
the residents.
Division 6--Repairs
15 188. Urgent repairs to caravans
(1) A resident may arrange for urgent repairs to a
caravan to be carried out if--
(a) the resident has taken reasonable steps to
arrange for the caravan park owner or the
20 caravan park owner's agent or the caravan
owner or the caravan owner's agent to
immediately carry out the urgent repairs to
the caravan; and
(b) the resident is unable to get the caravan park
25 owner or the caravan owner or the owner's
agent to carry out those repairs.
(2) If the resident carries out repairs under sub-section
(1)--
(a) the resident must give the caravan park
30 owner or caravan owner 14 days written
notice of the repairs carried out and the cost;
and
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(b) the caravan park owner or caravan owner is
liable to reimburse the resident for the
reasonable cost of the repairs or $1000,
whichever is less.
5 (3) If urgent repairs are required to an item that uses
or supplies water and that item does not have at
least an A rating and that item cannot be repaired,
the resident may replace it with an item that does
have an A rating.
10 (4) This section does not apply--
(a) to equipment or appliances supplied by the
resident; or
(b) if there is no immediate danger to health and
safety and the resident is able to use facilities
15 in the communal areas of the caravan park;
or
(c) if the caravan is owned by the resident.
189. Application to Tribunal for urgent repairs
(1) A resident may apply to the Tribunal for an order
20 requiring the caravan park owner or the caravan
park owner's agent or the caravan owner or the
caravan owner's agent to carry out specified urgent
repairs if--
(a) the resident cannot meet the cost of the
25 repairs; or
(b) the repairs cost more than $1000; or
(c) the caravan park owner or caravan owner has
refused to pay the cost of the urgent repairs.
(2) The Tribunal must hear an application under sub-
30 section (1) within 2 business days after the
application is made.
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190. Application to Director to investigate need for non-
urgent repairs
(1) A resident may apply to the Director to investigate
whether the caravan park owner or caravan owner
5 is in breach of a duty to ensure the caravan is
maintained in good repair if--
(a) the resident has given notice to the caravan
park owner or caravan owner that repairs
(other than urgent repairs) are required to the
10 caravan; and
(b) the caravan park owner or caravan owner has
not carried out the repairs within 14 days
after being given the notice.
(2) An application under sub-section (1) must be in
15 writing.
(3) On an application under sub-section (1), the
Director--
(a) must investigate; and
(b) may negotiate arrangements for the carrying
20 out of repairs if the Director is satisfied that
the caravan park owner or caravan owner is
in breach of the duty to maintain the caravan
in good repair; and
(c) must give a written report to the resident.
25 191. Application to Tribunal for non-urgent repairs
(1) A resident may apply to the Tribunal for an order
requiring the caravan park owner or caravan
owner to carry out specified repairs if--
(a) the resident has received the Director's report
30 under section 190; and
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(b) the resident is still of the view that
satisfactory arrangements have not been
made for the carrying out of the repairs.
(2) The resident must include a copy of the Director's
5 report under section 190 in the application under
sub-section (1).
(3) The Registrar must give a copy of the Director's
report included in the application under sub-
section (1) to the caravan park owner or caravan
10 owner with the notice of hearing given under Part
11.
(4) A resident may apply to the Tribunal for an order
requiring the caravan park owner or caravan
owner to carry out specified repairs without the
15 report of the Director under section 190 if the
resident has not received that report within 90
days after the resident applied for that report.
192. What can the Tribunal order?
(1) The Tribunal may make an order requiring the
20 caravan park owner or caravan owner to carry out
specified repairs if it is satisfied that the owner is
in breach of the duty to maintain the caravan in
good repair.
(2) The order must specify the repairs and the time
25 within which they must be carried out.
193. Payment of hiring charge into Rent Special Account
(1) If a resident has given notice under section 190
requiring repairs to be carried out, the resident
may apply to the Tribunal for an order authorising
30 the payment of the hiring charge into the Rent
Special Account.
(2) The Tribunal may make an order authorising the
resident to pay the hiring charge into the Rent
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Special Account for a period specified by the
Tribunal if it is satisfied that--
(a) a notice requiring the carrying out of repairs
has been given to the caravan park owner or
5 the caravan owner in accordance with this
Act; and
(b) the caravan park owner or caravan owner has
failed to comply with the duty to carry out
the repairs.
10 (3) If an order is made under sub-section (2)--
(a) the amount of the hiring charge held in the
Rent Special Account at the end of that
period must be paid to the caravan park
owner or caravan owner; and
15 (b) on application by the caravan park owner or
caravan owner, the Tribunal may order that
the whole or such part of the hiring charge as
it may determine be paid to the caravan park
owner or caravan owner before the end of
20 that period, if it is satisfied that the owner
has fulfilled or is fulfilling the owner's duty
to carry out the repairs.
194. Repair provisions not applicable to certain damage
Sections 190 to 193 do not apply to damage
25 caused by the misuse or the negligence of the
resident or his or her visitor.
Division 7--Transfer of rights and sale of caravans
and movable dwellings
195. Transfer of residency right
30 (1) If a resident who occupies a site in a caravan
owned by the resident sells the caravan, the
resident, with the consent of the caravan park
owner, may transfer his or her residency right to
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the purchaser of the caravan by a transfer in a
form approved by the Minister.
(2) A caravan park owner must not unreasonably
withhold consent to a transfer under sub-section
5 (1).
(3) A caravan park owner is deemed to have
consented to a transfer under sub-section (1) if--
(a) the resident--
(i) has given the caravan park owner a
10 completed transfer form and the names
in writing of any persons proposing to
occupy the caravan with the proposed
resident; and
(ii) has requested the caravan park owner to
15 consent by signing the transfer; and
(b) the caravan park owner has not consented or
refused to consent within 7 days of being
given the completed transfer form.
(4) A purchaser of a caravan who obtains a residency
20 right on a site by transfer must occupy the caravan
himself or herself.
196. What if the caravan park owner unreasonably
withholds consent to transfer?
(1) A resident may apply to the Tribunal for an order
25 that the caravan park owner has unreasonably
withheld consent to a transfer.
(2) The Tribunal may--
(a) dismiss the application if it is satisfied that in
all the circumstances the withholding of
30 consent was reasonable; or
(b) make an order that the withholding of
consent was unreasonable and the transfer
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may go ahead without the caravan park
owner's consent.
197. Owner must not charge fee for transfer of resident's
rights
5 A caravan park owner must not charge a fee as a
condition of or in consideration of the caravan
park owner consenting to a resident transferring
his or her residency right.
198. Sale of caravan
10 (1) A caravan park owner must not enter into an
agreement to sell a caravan on behalf of a resident
or former resident unless the caravan park owner
has complied with section 183 in relation to the
scale of commission charged for the sale.
15 Penalty: 5 penalty units.
(2) A caravan park owner must not by act or omission
obstruct or hinder the sale of a caravan owned by a
resident.
Penalty: 20 penalty units.
20 Division 8--Rights of entry
199. Entry of caravan by caravan park owner
A caravan park owner or a person appointed in
writing as the caravan park owner's agent for the
purpose has a right to enter a caravan or site
25 occupied by a resident--
(a) if the resident agrees at the time entry is
sought; or
(b) if there is an emergency and immediate entry
is necessary to save life or valuable property;
30 or
(c) if the Tribunal has made an abandonment
order under section 301; or
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(d) for a purpose set out in section 201, at any
time between 8 a.m. and 6 p.m. on any day
(except a public holiday) if at least 24 hours
notice has been given to the resident in
5 accordance with section 203.
200. Entry of caravan by caravan owner
A caravan owner or a person appointed in writing
as the caravan owner's agent for the purpose has a
right to enter a caravan occupied by a resident--
10 (a) if the resident agrees at the time entry is
sought; or
(b) if the Tribunal has made an abandonment
order under section 301; or
(c) for a purpose set out in section 201, at any
15 time between 8 a.m. and 6 p.m. on any day
(except a public holiday) if at least 24 hours
notice has been given to the resident in
accordance with section 203.
201. Grounds for entry of caravan or site
20 A right of entry in respect of a caravan or site may
be exercised if--
(a) before giving notice of entry, a notice to
vacate or a notice of intention to vacate the
caravan or site has been given and entry is
25 required to show the caravan or site to a
prospective resident; or
(b) the caravan is to be sold or used as security
for a loan and entry is required to show the
caravan to a prospective buyer or lender; or
30 (c) entry is required to enable the caravan park
owner or caravan owner to carry out a duty
under this Act or any other Act; or
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(d) the caravan park owner or the caravan owner
or the owner's agent has reasonable grounds
to believe that the resident has failed to
comply with his or her duties under this Act;
5 or
(e) entry is required to enable inspection--
(i) of the site; and
(ii) if the resident is not the caravan owner,
of the caravan--
10 and entry for that purpose has not been made
within the last 6 months.
202. Manner of entry
A person exercising a right of entry under this
Division--
15 (a) must do so in a reasonable manner; and
(b) must not stay in the caravan or on the site
longer than is necessary to achieve the
purpose of the entry without the resident's
consent.
20 203. What must be in a notice of entry?
A notice requiring entry must--
(a) be in writing; and
(b) state why the caravan park owner, caravan
owner or the owner's agent wishes to enter;
25 and
(c) be given--
(i) by post; or
(ii) by delivering it personally to the
resident between the hours of 8 a.m.
30 and 6 p.m.
204. Resident has duty to permit entry
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A resident of a caravan park has a duty to permit a
person exercising a right of entry in accordance
with this Division to enter the caravan or site (as
the case may be).
5 205. What if damage is caused during entry?
(1) A resident of a caravan park may apply to the
Tribunal for an order for compensation if the
caravan park owner or the caravan owner or the
owner's agent causes damage to the resident's
10 goods in the caravan or on the site when
exercising a right of entry under section 199 or
200.
(2) If an application is made under sub-section (1), the
Tribunal--
15 (a) may make an order for payment of any
compensation that it thinks fit if it is satisfied
that damage was caused to the resident's
goods in the caravan or on the site; or
(b) may refuse to make an order.
20 206. What if a person exercising right of entry fails to
comply with Division?
(1) If the caravan park owner or caravan owner or the
owner's agent has exercised a right of entry and in
doing so fails to comply with this Division, the
25 resident may apply to the Tribunal for an order
restraining the caravan park owner or caravan
owner or the owner's agent from exercising a right
of entry under section 199 or 200 for a specified
period.
30 (2) If an application is made under sub-section (1), the
Tribunal--
(a) may make an order prohibiting the caravan
park owner or caravan owner or the owner's
agent from exercising a right of entry under
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section 199 or 200 (except for a purpose set
out in section 201(c) or (d)) during the period
specified in the order if it is satisfied that it is
reasonable to do so; or
5 (b) may refuse to make an order.
_______________
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PART 5--COMPENSATION AND COMPLIANCE
207. Definitions
In this Part--
"duty provision" means--
5 (a) in relation to rented premises--
(i) section 89; or
(ii) any provision of Division 5 of Part
2, except sections 59, 62 and 66;
or
10 (b) in relation to a rooming house--
(i) section 140; or
(ii) any provision of Division 5 of Part
3, except section 111; or
(c) in relation to a caravan park--
15 (i) section 204; or
(ii) any provision of Division 5 of Part
4, except section 168;
"required time" means--
(a) in relation to rented premises--
20 (i) for a duty under section 89 in
relation to a right of entry for a
purpose set out in section
86(1)(b), 3 days; or
(ii) for a duty under Division 5 of Part
25 2, 14 days; or
(b) in relation to a rooming house, for a
duty under section 140 or Division 5 of
Part 3, 3 days; or
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(c) in relation to a caravan park--
(i) for a duty under section 204 in
relation to a right of entry for a
purpose set out in section 201(b),
5 3 days; or
(ii) for a duty under Division 5 of Part
4, 7 days.
208. Breach of duty notice
(1) A person to whom a duty is owed under a duty
10 provision or that person's agent, may give a breach
of duty notice to a person in breach of that duty.
(2) A notice under sub-section (1) must--
(a) specify the breach; and
(b) give details of the loss or damage caused by
15 the breach; and
(c) require the person, within the required time
after receiving the notice--
(i) to remedy the breach if possible; or
(ii) to compensate the person to whom the
20 duty is owed; and
(d) state that the person in breach must not
commit a similar breach again; and
(e) state that if the notice is not complied with,
an application for compensation or a
25 compliance order will be made to the
Tribunal; and
(f) be in writing; and
(g) be addressed to the person allegedly in
breach of the duty or his or her agent; and
30 (h) be signed by the person to whom the duty is
owed.
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209. Application for compensation or compliance order for
breach of duty
If a breach of duty notice is not complied with, the
person who gave it may apply to the Tribunal for a
5 compensation order or a compliance order.
210. Application to Tribunal for compensation order on
other grounds
(1) A party to a tenancy agreement may apply to the
Tribunal for an order for payment to the applicant
10 by the other party to the tenancy agreement of
compensation for loss or damage suffered by the
applicant because--
(a) the other party failed to comply with the
tenancy agreement or that party's duties
15 under this Act relating to the tenancy
agreement; or
(b) the applicant has paid to the other party more
than the applicant is required to pay in
accordance with this Act or the tenancy
20 agreement.
(2) This section does not apply to a duty under a duty
provision or section 66.
211. Matters which may be considered by Tribunal
The Tribunal, in hearing an application under
25 section 209 or 210, may take into account--
(a) whether or not the person from whom
compensation is claimed has taken all
reasonable steps to comply with the duties
under this Act or under the tenancy
30 agreement in respect of which the claim is
made; and
(b) in the case of a breach of a tenancy
agreement, whether or not the applicant has
consented to the failure to comply with the
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duties in respect of which the claim is made;
and
(c) whether or not money has been paid to or
recovered by the applicant by way of
5 compensation, including money recovered or
entitled to be recovered from the bond; and
(d) whether any reduction or refund of rent or
other allowance has been made to the
applicant; and
10 (e) whether or not action has been taken by the
applicant to mitigate the loss or damage; and
(f) any offer of compensation; and
(g) if a claim is made with respect to damage to
property, any action taken by the person from
15 whom compensation is claimed to repair the
damage at that person's own expense.
212. Orders of Tribunal
(1) In the case of an application under section 209, if
the Tribunal is satisfied that the person was
20 entitled to give the notice and that it was not
complied with it may make any or all of the
following orders--
(a) the person in breach must remedy the breach
as specified in the order;
25 (b) the person in breach must pay compensation
as specified in the order;
(c) the person in breach must refrain from
committing a similar breach.
(2) In the case of an application under section 210, if
30 the Tribunal is satisfied that compensation should
be paid it may make an order directing a person to
pay compensation as specified in the order.
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(3) If an application is in relation to an alleged breach
of house rules or caravan park rules, in addition to
the orders set out in sub-section (1), or instead of
those orders, the Tribunal may declare the rule to
5 be invalid.
(4) If an order is made against a tenant or resident, the
order must specify that if the order is not complied
with, the tenant or resident may be given a notice
to vacate the rented premises, room or site.
10 (5) If an order for compensation is made in favour of
a tenant or resident, the order may specify that the
compensation be in the form of a reduction of the
rent or hiring charges payable by the tenant or
resident.
15 213. Compensation for unpaid rent
(1) A landlord is not entitled to claim compensation
under this Act for a failure of a tenant to pay rent
under a tenancy agreement unless the rent is
unpaid for at least 14 days after it has accrued due.
20 (2) Sub-section (1) does not apply if the tenant on not
less than 2 previous occasions has failed to pay the
rent under the same tenancy agreement within 14
days after it has accrued due.
(3) If a possession order is made under Part 7 as a
25 result of a failure by the tenant to pay rent, an
application by the landlord to the Tribunal under
this Part for payment by the tenant of
compensation for loss or damage suffered by the
landlord must be made within 28 days after the
30 tenant delivers up vacant possession of the rented
premises.
214. Can a person recover compensation under this Part as
well as from a bond?
(1) A person who has recovered compensation from a
35 bond is not precluded from taking proceedings
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under this Part to recover an additional amount by
way of compensation.
(2) The Tribunal may consider an application for
compensation under this Part at the same time as
5 an application under section 417.
215. What powers does a court have to award
compensation?
If a party to a tenancy agreement is convicted of
an offence against this Act, the court before which
10 that person is convicted may, on application by the
other party to the tenancy agreement, order the
first party to pay to the applicant compensation for
loss or damage suffered by the applicant because
of the commission of that offence.
15 _______________
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PART 6--TERMINATION
Division 1--Termination of residential tenancies
Subdivision 1--When can a tenancy agreement be
terminated?
5 216. Termination of tenancy agreement
Despite any Act or law to the contrary, a tenancy
agreement does not terminate and must not be
terminated except in accordance with this Division
or Part 7 or 8.
10 217. Termination by agreement
A tenancy agreement may be terminated by
agreement of the landlord and tenant.
218. Termination by consent
(1) A tenancy agreement terminates if the tenant
15 vacates the rented premises with the consent of the
landlord.
(2) The consent, once given, is irrevocable.
219. Termination after notice to vacate
A tenancy agreement terminates if the landlord or
20 the tenant gives a notice to vacate or a notice of
intention to vacate the rented premises under this
Division and--
(a) the tenant vacates the rented premises on or
after the termination date specified in the
25 notice; or
(b) the tenancy agreement terminates in
accordance with section 334 or 342.
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220. Termination by abandonment
A tenancy agreement terminates if the tenant
abandons the rented premises.
221. Termination where premises are sub-let
5 A tenancy agreement terminates if--
(a) the tenant is not in possession of the rented
premises because the tenant has sub-let them;
and
(b) the landlord or tenant gives a notice to vacate
10 or a notice of intention to vacate the rented
premises under this Division; and
(c) the period (if any) between the date on which
the notice is given and the termination date
specified in the notice has expired.
15 222. Termination where landlord not owner of premises
A tenancy agreement terminates if the owner of
the rented premises gives a notice to vacate in
accordance with section 267 and--
(a) the tenant vacates the rented premises on or
20 after the termination date specified in the
notice; or
(b) the tenancy agreement terminates in
accordance with section 334 or 342.
223. Termination by mortgagee
25 A tenancy agreement terminates if a mortgagee in
respect of rented premises gives a notice to vacate
under section 268 and--
(a) the tenant vacates the rented premises on or
after the termination date specified in the
30 notice; or
(b) the tenancy agreement terminates in
accordance with section 334.
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224. Termination by merger
A tenancy agreement may terminate by merger
(that is, where the interests of the landlord and the
tenant become vested in one person).
5 225. Termination by disclaimer
A tenancy agreement may terminate by disclaimer
(for example, on repudiation of the agreement by
the tenant accepted by the landlord).
226. Termination by tenant before possession
10 A tenancy agreement terminates if the tenant has
not entered into possession of the rented premises
and has given a notice of termination of the
tenancy agreement to the landlord on the ground
that the premises--
15 (a) are not in good repair; or
(b) are unfit for human habitation; or
(c) are destroyed totally or to such an extent as
to be rendered unsafe; or
(d) are not vacant; or
20 (e) are not legally available for use as a
residence; or
(f) are for any other reason unavailable for
occupation.
227. Termination by landlord before possession
25 A tenancy agreement terminates if the tenant has
not entered into possession of the rented premises
and the landlord has given a notice of termination
of the tenancy agreement to the tenant on the
ground that the premises--
30 (a) are unfit for human habitation; or
(b) are destroyed totally or to such an extent as
to be rendered unsafe.
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228. Termination after notice of death of tenant
If a tenant dies, the tenancy agreement
terminates--
(a) at the end of 28 days after the landlord is
5 given written notice of the death of the tenant
by the legal personal representative or next
of kin of the tenant; or
(b) at such earlier date as is agreed in writing
between the landlord and the legal personal
10 representative or next of kin of the tenant.
229. Offence to obtain possession etc. of premises
(1) A landlord or a person acting on behalf of a
landlord must not, except in accordance with this
Act--
15 (a) require or compel or attempt to compel the
tenant under the tenancy agreement to vacate
the rented premises; or
(b) obtain or attempt to obtain possession of the
rented premises by entering them, whether
20 the entry is peaceable or not.
Penalty: 20 penalty units.
(2) It is a good defence to a prosecution of a person
for an offence against sub-section (1)(b) if the
person proves that he or she obtained or attempted
25 to obtain possession of rented premises because he
or she believed on reasonable grounds that the
tenant had abandoned the premises.
Subdivision 2--Variations or creations of tenancy
230. Creation of periodic tenancy
30 (1) A tenant is deemed to occupy rented premises
under a periodic tenancy agreement if--
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(a) the term of a fixed term tenancy agreement
to which this Act applies ends; and
(b) the tenant under that agreement continues in
occupation of the rented premises otherwise
5 than as a tenant under a fixed term tenancy
agreement.
(2) The rental period under the periodic tenancy
agreement created by sub-section (1) is--
(a) if the rental period under the fixed term
10 tenancy agreement was more than 1 month, a
monthly period; and
(b) if the rental period under the fixed term
tenancy agreement was 1 month or less, a
period equivalent to that rental period.
15 (3) Except as provided in sub-section (2), the periodic
tenancy agreement is on the same terms, so far as
applicable, as the terms of the fixed term tenancy
agreement.
(4) On the application of the landlord or the tenant,
20 the Tribunal may make any variations to the terms
of a periodic tenancy agreement created under this
section that are necessary for or appropriate to the
continuation of the agreement.
231. New tenancy created where head tenancy terminated
25 (1) A person becomes the tenant of the landlord in
respect of rented premises if--
(a) the person is in possession of the premises
under a tenancy agreement (a "sub-tenancy
agreement") granted to him or her by a
30 person who is a tenant of the premises under
another tenancy agreement (the "head
tenancy agreement") granted to him or her by
the landlord; and
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(b) the head tenancy agreement terminates or is
terminated; and
(c) the sub-tenancy agreement does not
terminate or is not terminated in accordance
5 with this Act.
(2) The tenancy created under sub-section (1) is
deemed to be under a tenancy agreement on the
same terms, as far as applicable, as the terms of
the sub-tenancy agreement.
10 (3) Sub-section (1) applies whether or not this Act
applied at any time to the head tenancy agreement.
232. Application to Tribunal for creation of tenancy
agreement
(1) A person who has been residing in rented
15 premises as his or her principal place of residence
and who is not a party to a tenancy agreement
applying to those premises may apply to the
Tribunal for an order requiring the landlord of the
premises to enter into a tenancy agreement with
20 the person if--
(a) an application for a possession order for the
premises has been made under Part 7; or
(b) the tenant has abandoned the rented
premises; or
25 (c) the tenant has delivered up vacant possession
of the rented premises; or
(d) the tenant has given a notice of intention to
vacate the rented premises.
(2) An applicant under this section must give the
30 landlord notice of the application without delay
after it is made.
(3) This section does not apply to a person who
becomes a tenant of a landlord under section 231.
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233. Order of Tribunal
(1) The Tribunal may make an order requiring the
landlord to enter into a tenancy agreement with the
applicant under section 232 if the Tribunal is
5 satisfied that--
(a) the applicant could reasonably be expected to
comply with the duties of a tenant under a
tenancy agreement to which this Act applies;
and
10 (b) the applicant would be likely to suffer severe
hardship if he or she were compelled to leave
the premises; and
(c) the hardship suffered by the applicant would
be greater than any hardship that the landlord
15 would suffer if the order were made.
(2) The tenancy agreement must--
(a) be entered into before the end of the time
stated in the order; and
(b) be on the same terms and conditions as the
20 tenancy agreement in force in respect of the
rented premises before the order is made,
subject to any changes that the Tribunal
determines.
234. Reduction of fixed term tenancy agreement
25 (1) On the application of a party to a fixed term
tenancy agreement, the Tribunal may make an
order--
(a) reducing the term of the agreement by a
period stated in the order; and
30 (b) making any variations to the terms of the
agreement that are necessary because of the
reduction of the term.
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(2) The Tribunal may only make an order under this
section if it is satisfied that, because of an
unforeseen change in the applicant's
circumstances, the severe hardship which the
5 applicant would suffer if the term of the
agreement were not reduced would be greater than
the hardship which the other party would suffer if
the term were reduced.
(3) In making an order under this section, the Tribunal
10 may determine the compensation (if any) to be
paid by the applicant for the order to the other
party because of the reduction in the term of the
tenancy agreement.
Subdivision 3--Notice or abandonment by tenant
15 235. Notice of intention to vacate
(1) A tenant may give a landlord a notice of intention
to vacate rented premises.
(2) The notice must specify a termination date that is
not less than 28 days after the date on which the
20 notice is given.
236. Notice to have no effect in certain circumstances
A notice given under section 235 in respect of a
fixed term tenancy agreement is of no effect--
(a) if the agreement includes a provision
25 enabling the landlord or the tenant to
determine the agreement by notice
(otherwise than on the grounds of a breach of
the agreement) if--
(i) the period after the giving of the notice
30 and before the termination date
specified in the notice is less than the
period of notice required under that
provision; or
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(ii) the termination date specified in the
notice is a date other than a date on
which under that provision the
agreement may be determined; or
5 (b) in any other case, if it specifies a termination
date that is earlier than the end of the term of
the tenancy agreement.
237. Reduced period of notice of intention to vacate in
certain circumstances
10 (1) This section applies to a tenant if--
(a) the tenant has been given a notice to vacate
under section 255, 256, 257, 258, 259, 260,
262 or 263; or
(b) the tenant requires special or personal care
15 and needs to vacate the rented premises in
order to obtain that care; or
(c) the tenant has received a written offer of
public housing from the Director of Housing.
(2) A tenant to whom this section applies may give a
20 landlord a notice of intention to vacate rented
premises under a fixed term tenancy agreement
specifying a termination date that is on or after the
end of the term of the tenancy agreement if the
period between the date on which the notice is
25 given and the termination date is not less than 14
days.
(3) A tenant to whom this section applies may give a
landlord a notice of intention to vacate rented
premises under a periodic tenancy specifying a
30 termination date that is not less than 14 days after
the date on which the notice is given.
(4) In this section "special or personal care"
means--
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(a) assistance with one or more of the
following--
(i) bathing, showering or personal hygiene;
(ii) toileting;
5 (iii) dressing or undressing;
(iv) meals; or
(b) physical assistance for persons with mobility
problems; or
(c) assistance for persons who are mobile but
10 require some form of supervision or
assistance; or
(d) assistance or supervision in dispensing
medicine; or
(e) the provision of substantial emotional
15 support in a health or residential service.
238. Premises destroyed or unfit for habitation
(1) A tenant may give a landlord a notice of intention
to vacate rented premises if the premises--
(a) are unfit for human habitation; or
20 (b) have been destroyed totally or to such an
extent as to be rendered unsafe.
(2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
25 239. Failure of landlord to comply with Tribunal order
(1) A tenant may give a landlord a notice of intention
to vacate rented premises if the landlord fails to
comply with an order of the Tribunal under
section 212.
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(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
notice is given.
240. Successive breaches by landlord
5 (1) A tenant under a fixed-term tenancy agreement
may give a landlord a notice of intention to vacate
rented premises if--
(a) the landlord has breached a duty provision
within the meaning of Part 5; and
10 (b) on 2 previous occasions the landlord has
been in breach of the same provision; and
(c) the tenant or the tenant's agent has on each
occasion given a breach of duty notice to the
landlord under section 208; and
15 (d) the landlord has on each occasion remedied
the breach or paid compensation for the
breach within the period required under
section 208.
(2) The notice must specify a termination date that is
20 not less than 14 days after the date on which the
notice is given.
241. Order of Tribunal that premises are abandoned
(1) If a landlord believes that a tenant has abandoned
rented premises, the landlord may apply to the
25 Tribunal for an order declaring that the tenant has
abandoned them.
(2) An application under sub-section (1) must be
heard by the Tribunal within 2 business days after
the application is made.
30 (3) On an application under sub-section (1), the
Tribunal may by order declare that the rented
premises were abandoned by the tenant on a day
specified by the Tribunal.
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(4) The tenant is deemed to have abandoned the
rented premises on that specified day.
242. Abandoned premises and rent in advance
(1) If a tenant abandons rented premises and the
5 landlord has received an amount of rent in respect
of the premises that had not accrued due when the
tenant abandoned them, the landlord is entitled to
the lesser of--
(a) that amount; or
10 (b) such part of that amount as does not exceed
the amount of loss or damage suffered as a
result of the abandonment.
(2) If the landlord knows the address of the tenant, the
landlord must pay to the tenant the amount of rent
15 to which the landlord is not entitled.
(3) If the landlord does not know the address of the
tenant, the amount to which the landlord is not
entitled must be dealt with in accordance with
Part 3 of the Unclaimed Moneys Act 1962 as if
20 the landlord were a business to which that Part
applies.
Subdivision 4--Notice by landlord, owner or mortgagee
243. Damage
(1) A landlord may give a tenant a notice to vacate
25 rented premises if by the conduct (by act or
omission) of the tenant or the tenant's visitor
damage is maliciously caused to the premises or
common areas.
(2) The notice may specify a termination date that is
30 the date on which the notice is given or a later
date.
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244. Danger
(1) A landlord may give a tenant a notice to vacate
rented premises if the tenant or the tenant's visitor
by act or omission endangers the safety of
5 occupiers of neighbouring premises.
(2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
(3) Sub-section (1) does not apply to any
10 circumstance to which Part 8 applies.
245. Condition of premises
(1) A landlord may give a tenant a notice to vacate
rented premises if the premises--
(a) are unfit for human habitation; or
15 (b) have been destroyed totally or to such an
extent as to be rendered unsafe.
(2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
20 246. Non-payment of rent
(1) A landlord may give a tenant a notice to vacate
rented premises if the tenant owes at least 14 days
rent to the landlord.
(2) The notice must specify a termination date that is
25 not less than 14 days after the date on which the
notice is given.
247. Failure to pay bond
(1) The landlord may give the tenant a notice to
vacate rented premises if the tenant fails to comply
30 with a provision of the tenancy agreement relating
to the payment of a bond.
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(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
notice is given.
248. Failure to comply with Tribunal order
5 (1) A landlord may give a tenant a notice to vacate
rented premises if the tenant fails to comply with
an order of the Tribunal under section 212.
(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
10 notice is given.
249. Successive breaches by tenant
(1) A landlord may give a tenant a notice to vacate
rented premises if--
(a) the tenant has breached a duty provision
15 within the meaning of Part 5; and
(b) on 2 previous occasions the tenant has been
in breach of the same provision; and
(c) the landlord or the landlord's agent has on
each occasion given a breach of duty notice
20 to the tenant under section 208; and
(d) the tenant has on each occasion remedied the
breach or paid compensation for the breach
within the period required under section 208.
(2) The notice must specify a termination date that is
25 not less than 14 days after the date on which the
notice is given.
250. Use of premises for illegal purpose
(1) A landlord may give a tenant a notice to vacate
rented premises if the tenant has used the rented
30 premises or permitted their use for any purpose
that is illegal at common law or under an Act.
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(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
notice is given.
251. Permitting child to reside in premises
5 (1) A landlord may give a tenant a notice to vacate
rented premises if the tenant has failed to comply
with a term of the tenancy agreement prohibiting
the tenant from permitting a child under the age of
16 years to reside on the rented premises.
10 (2) The notice must specify a termination date that is
not less than 14 days after the date on which the
notice is given.
252. False statement to housing authority
(1) A landlord which is a public statutory authority
15 engaged in the provision of housing may give a
tenant a notice to vacate rented premises if the
authority was induced to enter the tenancy
agreement by a statement by the tenant--
(a) which related to a matter on which eligibility
20 to rent the premises depended; and
(b) which the tenant knew to be false or
misleading.
(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
25 notice is given.
253. Assignment or sub-letting without consent
(1) A landlord may give a tenant a notice to vacate
rented premises if the tenant has assigned or sub-
let or purported to assign or sub-let the whole or
30 any part of the premises without the landlord's
consent.
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(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
notice is given.
254. Landlord's principal place of residence (fixed term
5 tenancy)
(1) A landlord under a fixed term tenancy agreement
may, before the end of the term of the tenancy
agreement, give the tenant a notice to vacate
rented premises if--
10 (a) immediately before the agreement was
entered into, the premises were the landlord's
principal place of residence; and
(b) the agreement states that--
(i) the premises were the landlord's
15 principal place of residence
immediately before the agreement was
entered into; and
(ii) the landlord intends to resume
occupancy of the premises on the
20 termination of the agreement.
(2) The notice may specify a termination date that is
the date of the end of the term or a later date.
(3) The notice must specify a termination date that is
not less than 14 days after the date on which the
25 notice is given.
255. Repairs
(1) A landlord may give a tenant a notice to vacate
rented premises if--
(a) the landlord intends to repair, renovate or
30 reconstruct the premises--
(i) in the case of a building owned by a
landlord containing 5 or more rented
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premises, immediately after the last
tenant vacates; or
(ii) in any other case, immediately after the
termination date; and
5 (b) the landlord has obtained all necessary
permits and consents to carry out the work;
and
(c) the work cannot be properly carried out
unless the tenant vacates the rented premises.
10 (2) The notice must specify a termination date that is
not less than 60 days after the date on which the
notice is given.
256. Demolition
(1) A landlord may give a tenant a notice to vacate
15 rented premises if--
(a) the landlord intends to demolish the
premises--
(i) in the case of a building owned by a
landlord containing 5 or more rented
20 premises, immediately after the last
tenant vacates; or
(ii) in any other case, immediately after the
termination date; and
(b) the landlord has obtained all necessary
25 permits and consents to demolish the
premises.
(2) The notice must specify a termination date that is
not less than 60 days after the date on which the
notice is given.
30 257. Premises to be used for business
(1) A landlord may give a tenant a notice to vacate
rented premises if the premises are immediately
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after the termination date to be used for the
purposes of a business or for any purpose other
than letting for use principally as a residence.
(2) The notice must specify a termination date that is
5 not less than 60 days after the date on which the
notice is given.
258. Premises to be occupied by landlord or landlord's
family
(1) A landlord may give a tenant a notice to vacate
10 rented premises if the premises are immediately
after the termination date to be occupied--
(a) by the landlord; or
(b) in the case of a landlord who is an
individual--
15 (i) by the landlord's spouse, son, daughter,
parent or spouse's parent; or
(ii) by another person who normally lives
with the landlord and is wholly or
substantially dependent on the landlord.
20 (2) The notice must specify a termination date that is
not less than 60 days after the date on which the
notice is given.
259. Premises to be sold
(1) A landlord may give a tenant a notice to vacate
25 rented premises if the premises are immediately
after the termination date to be sold or offered for
sale with vacant possession.
(2) The notice must specify a termination date that is
not less than 60 days after the date on which the
30 notice is given.
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260. Premises required for public purposes
(1) A landlord may give a tenant a notice to vacate
rented premises if the premises are the property of
a public statutory authority authorised to acquire
5 land compulsorily for its purposes and
immediately after the termination date the
premises are required for public purposes.
(2) The notice must specify a termination date that is
not less than 60 days after the date on which the
10 notice is given.
261. End of fixed term tenancy
(1) A landlord under a fixed term tenancy agreement
may, before the end of the term of the tenancy
agreement, give the tenant a notice to vacate the
15 rented premises at the end of the fixed term.
(2) The notice must specify a termination date that is
the date of the end of the term.
(3) The notice must be given--
(a) in the case of a fixed term tenancy agreement
20 for a fixed term of 6 months or more, not less
than 90 days before the end of the fixed term;
or
(b) in the case of a fixed term tenancy agreement
for a fixed term of less than 6 months, not
25 less than 28 days before the end of the fixed
term.
262. Tenant no longer meets eligibility criteria
(1) A landlord which is a public statutory authority
engaged in the provision of housing may give a
30 tenant a notice to vacate rented premises if--
(a) the rented premises are premises only
available to be let to persons who meet the
eligibility criteria for housing published by
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the public statutory authority under sub-
section (3); and
(b) the tenant ceases to meet one or more of the
eligibility criteria.
5 (2) The notice must specify a termination date that is
not less than 90 days after the date on which the
notice is given.
(3) A public statutory authority, by notice published
in the Government Gazette, may publish its
10 criteria for eligibility for the provision of housing
by that public statutory authority.
263. Notice to vacate for no specified reason
(1) A landlord may give a tenant a notice to vacate
rented premises without specifying a reason for
15 the giving of the notice.
(2) The notice must specify a termination date that is
not less than 90 days after the date on which the
notice is given.
264. Prohibition on letting premises after notice
20 (1) A landlord or a person acting on behalf of a
landlord who obtains possession of rented
premises in respect of which a notice to vacate has
been given under sections 256 to 259 must not let
the premises to a person for use primarily as a
25 residence before the end of 6 months after the date
on which the notice was given.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply--
(a) to the letting of the premises to a person
30 referred to in section 258; or
(b) if the Tribunal determines that the premises
may be let.
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265. Effect of excessive rent order on notice to vacate
(1) A landlord is not entitled to give a notice under
section 263 in respect of rented premises if an
order is in force under section 47 in respect of
5 those premises.
(2) If--
(a) a landlord gives a notice under section 263;
and
(b) before the termination date specified in the
10 notice, an order in respect of the premises is
made under section 47--
the notice is invalid as from the date on which the
order is made.
266. Notice to have no effect in certain circumstances
15 (1) A notice given under sections 255 to 263 in
respect of a fixed term tenancy agreement is of no
effect--
(a) if the agreement includes a provision
enabling the landlord or the tenant to
20 determine the agreement by notice
(otherwise than on the grounds of a breach of
the agreement) if--
(i) the period after the giving of notice and
before the termination date specified in
25 the notice is less than the period of
notice required under that provision; or
(ii) the termination date specified in the
notice is a date other than a date on
which under that provision the
30 agreement may be determined; or
(b) in any other case, if it specifies a termination
date that is earlier than the end of the term of
the tenancy agreement.
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(2) A notice under section 261 or section 263 is of no
effect if it was given in response to the exercise, or
proposed exercise, by the tenant of a right under
this Act.
5 (3) A person is not entitled to apply to the Tribunal
challenging the validity of a notice--
(a) in the case of a notice under section 261
relating to a fixed term tenancy agreement
for a fixed term of 6 months or more, after
10 the end of 28 days after the date on which the
notice is given; or
(b) in the case of a notice under section 261
relating to a fixed term tenancy agreement
for a fixed term of less than 6 months, after
15 the end of 7 days after the date on which the
notice is given; or
(c) in the case of a notice under section 263,
after the end of 28 days after the date on
which the notice is given.
20 267. Notice by owner
(1) If the landlord under a tenancy agreement is not
the owner of the rented premises, the owner may
exercise a right of the landlord--
(a) to give the tenant a notice to vacate the
25 premises (except under section 254); or
(b) to recover possession of the premises; or
(c) to give a breach of duty notice under Part 5
that applies to the tenancy agreement.
(2) A notice to vacate given in accordance with a right
30 conferred by sub-section (1) does not have effect
unless it specifies a termination date on or after
the day on which the landlord's interest in the
premises ends.
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(3) If the owner exercises a right conferred by sub-
section (1) in relation to a tenancy agreement, this
Division, Part 5 and Part 7 have effect as if a
reference to a landlord under a tenancy agreement
5 included a reference to the owner.
268. Notice by mortgagee
(1) If a mortgagee in respect of rented premises under
a mortgage entered into before the tenancy
agreement was entered into becomes entitled to
10 possession of, or to exercise a power of sale in
respect of, the premises under a mortgage, the
mortgagee may give the tenant a notice to vacate
the premises.
(2) The notice must specify a termination date that is
15 not less than 28 days after the date on which the
notice is given.
Division 2--Termination of residency rights in rooming
houses
Subdivision 1--When does a residency right end?
20 269. Termination after notice
A residency right in respect of a room ends if--
(a) the resident vacates the room after giving a
notice of intention to vacate to the rooming
house owner; or
25 (b) the resident vacates the room after being
given a notice to vacate.
270. Termination by Tribunal
A residency right in respect of a room ends on the
date fixed in a possession order made by the
30 Tribunal.
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271. Termination by abandonment
A residency right ends if the room is abandoned
and at least 14 days have passed since the last rent
payment was due.
5 272. Termination if room or rooming house destroyed
A residency right ends if the resident's room or the
rooming house--
(a) is unfit for human habitation; or
(b) has been destroyed totally or to such an
10 extent as to be rendered unsafe.
273. Offences relating to interference with rights
(1) Except in accordance with this Act, a person must
not--
(a) require or force or attempt to require or force
15 a resident to vacate his or her room; or
(b) take or attempt to take possession of a room
in which a resident resides.
Penalty: 20 penalty units.
(2) Except in accordance with this Act, a person must
20 not, for the purposes of causing a resident to
abandon a room--
(a) interfere with the peace and comfort of a
resident; or
(b) withdraw any services or facilities
25 reasonably required to allow a resident to
reside in the room; or
(c) prevent a resident from using any facilities;
or
(d) do any other act or thing intended or
30 designed to cause the resident to abandon the
room.
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Penalty: 20 penalty units.
Subdivision 2--Notice or abandonment by resident
274. Notice of intention to vacate room
A resident must give the rooming house owner at
5 least 2 days notice of intention to vacate the room
occupied by the resident.
275. Rent payable on termination without notice
(1) A resident who vacates a room without giving
notice must pay the rooming house owner the rent
10 for the period of 2 days after vacating the room.
Penalty: 5 penalty units.
(2) Sub-section (1) does not apply if the rooming
house or room has become unsafe or unfit for
human habitation.
15 276. Rent payable if room vacated early
A resident who vacates a room before the day
specified in the notice of intention to vacate must
pay to the rooming house owner the rent for the
period from the day the resident vacated the room
20 until the day specified in the notice.
277. Order of abandonment
(1) If a rooming house owner believes that a resident
has abandoned a room, the owner may apply to the
Tribunal for an order declaring that the resident
25 has abandoned the room.
(2) An application under sub-section (1) must be
heard by the Tribunal within 2 business days after
the application is made.
(3) On an application under sub-section (1), the
30 Tribunal may by order declare that the room was
abandoned by the resident on a day specified by
the Tribunal.
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(4) The resident is deemed to have abandoned the
room on that specified day.
Subdivision 3--Notice by rooming house owner or rooming
house mortgagee
5 278. Damage
(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident or the resident's visitor intentionally
or recklessly causes or allows serious damage to
10 any part of the rooming house.
(2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
279. Danger
15 (1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident or the resident's visitor by act or
omission causes a danger to any person or
property in the rooming house.
20 (2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
(3) Sub-section (1) does not apply to any
circumstance to which Part 8 applies.
25 280. Disruption
(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident or the resident's visitor seriously
interrupts the quiet and peaceful enjoyment of the
30 rooming house by other residents.
(2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
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281. Non-payment of rent
(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident owes at least 7 days rent to the
5 rooming house owner.
(2) The notice must specify a termination date that is
not less than 2 days after the date on which the
notice is given.
282. Failure of resident to comply with Tribunal order
10 (1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident fails to comply with an order of the
Tribunal under section 212.
(2) The notice must specify a termination date that is
15 not less than 2 days after the date on which the
notice is given.
283. Successive breaches by resident
(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
20 if--
(a) the resident has breached a duty provision
within the meaning of Part 5; and
(b) on 2 previous occasions the resident has been
in breach of the same provision; and
25 (c) the rooming house owner or the rooming
house owner's agent has on each occasion
given a breach of duty notice to the resident
under section 208; and
(d) the resident has on each occasion remedied
30 the breach or paid compensation for the
breach within the period required under
section 208.
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(2) The notice must specify a termination date that is
not less than 2 days after the date on which the
notice is given.
284. Use of room for illegal purpose
5 (1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
if the resident has used the room or permitted its
use for any purpose that is illegal at common law
or under an Act.
10 (2) The notice must specify a termination date that is
not less than 2 days after the date on which the
notice is given.
285. Sale of rooming house
(1) A rooming house owner may give a resident a
15 notice to vacate the room occupied by the resident
if immediately after the termination date the
rooming house is to be sold or offered for sale
with vacant possession.
(2) The notice must specify a termination date that is
20 not less than 60 days after the date on which the
notice is given.
286. Repairs or demolition
(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
25 if--
(a) the rooming house owner intends to repair,
renovate, reconstruct or demolish the
rooming house immediately after the
termination date; and
30 (b) the rooming house owner has obtained all
necessary permits and consents to carry out
the work; and
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(c) the work cannot be properly carried out
unless the resident vacates the rooming
house.
(2) The notice must specify a termination date that is
5 not less than 60 days after the date on which the
notice is given.
(3) If--
(a) the proposed repairs, renovations or
reconstruction will affect a resident's room
10 but will not affect all the rooms in a rooming
house; and
(b) a room equivalent to the resident's room at
an equivalent rent is available for rent in the
rooming house--
15 the rooming house owner must not give the notice
under sub-section (1) unless the rooming house
owner has first offered the equivalent room to the
resident and the resident has refused to occupy
that room in place of the resident's current room.
20 287. Prohibition on renting after notice
(1) A rooming house owner must not rent a room
vacated after a notice under section 286 for 6
months after the room is vacated.
Penalty: 20 penalty units.
25 (2) Sub-section (1) does not apply if--
(a) the Tribunal determines that the room may
be rented; or
(b) the repairs, renovations or reconstruction
have been completed.
30 288. Notice for no specified reason
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(1) A rooming house owner may give a resident a
notice to vacate the room occupied by the resident
without specifying a reason for giving the notice.
(2) The notice must specify a termination date that is
5 not less than 90 days after the date on which the
notice is given.
289. Notice of no effect
(1) A notice under section 288 is of no effect if it was
given in response to the exercise, or proposed
10 exercise, by the resident of a right under this Act.
(2) A person is not entitled to apply to the Tribunal
challenging the validity of a notice under sub-
section (1) after the end of 28 days after the date
on which the notice is given.
15 290. Notice by rooming house mortgagee
(1) A rooming house mortgagee may give a resident a
notice to vacate a room if the rooming house
mortgagee becomes entitled to possession of, or to
exercise a power of sale in respect of, the rooming
20 house under a mortgage.
(2) The notice must specify a termination date that is
not less than 28 days after the date on which the
notice is given.
Division 3--Termination of residency rights in caravan
25 parks
Subdivision 1--When does a residency right end?
291. Termination after notice
A residency right in respect of a site or caravan in
a caravan park ends if--
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(a) the resident vacates the site or caravan after
giving a notice of intention to vacate to the
caravan park owner or caravan owner; or
(b) the resident vacates the site or caravan after
5 being given a notice to vacate.
292. Termination by agreement
A residency right in respect of a site or caravan in
a caravan park may be ended by agreement
between the resident and the caravan park owner
10 or caravan owner.
293. Termination on execution of warrant
If the Tribunal makes a possession order in respect
of a caravan or site, a residency right ends on the
day that the warrant of possession is executed.
15 294. Termination by abandonment
A residency right ends if the resident abandons the
site or caravan.
295. Offences relating to interference with rights
Except in accordance with this Act, a person must
20 not--
(a) require or force a resident to vacate a site or
a caravan; or
(b) take or attempt to take possession of a site by
removing the caravan in which the resident
25 resides; or
(c) exclude or attempt to exclude from or restrict
or attempt to restrict access to the site or the
caravan or the caravan park in which either is
situated; or
30 (d) take or attempt to take possession of the
caravan in which a resident resides; or
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(e) interfere with the peace and comfort of a
resident for the purposes of causing the
resident to abandon the site or the caravan;
or
5 (f) withdraw or restrict services or facilities
which are reasonably required for the
occupation of a site or a caravan as a
residence for the purposes of causing the
resident to abandon the site or caravan.
10 Penalty: 20 penalty units.
Subdivision 2--Notice or abandonment by resident
296. Notice of intention to vacate site or caravan
(1) A resident must give the caravan park owner at
least 7 days notice of intention to vacate the site
15 occupied by the resident.
(2) A resident who hires a caravan from a caravan
owner must give the caravan owner at least 7 days
notice of intention to vacate the caravan.
297. Notice if caravan destroyed or unfit for habitation
20 (1) A resident may give a notice of intention to vacate
a caravan if the caravan--
(a) is unfit for human habitation; or
(b) has been destroyed totally or to such an
extent as to be rendered unsafe.
25 (2) The notice may specify a termination date that is
the date on which the notice is given or a later
date.
(3) The notice under sub-section (1) must be given
to--
30 (a) the caravan owner or the caravan owner's
agent; and
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(b) the caravan park owner or the caravan park
owner's agent.
298. Rent or hiring charge payable on termination without
notice
5 (1) A resident who vacates a site without giving
notice must pay to the caravan park owner the rent
for the period of 7 days after vacating the site.
Penalty: 5 penalty units.
(2) A resident who vacates a caravan without giving
10 notice must pay to the caravan owner the hiring
charge for the period of 7 days after vacating the
caravan.
Penalty: 5 penalty units.
299. Rent or hiring charge payable if site or caravan
15 vacated early
(1) A resident who vacates a site before the day
specified in the notice of intention to vacate the
site must pay to the caravan park owner the rent
for the period from the day the resident vacated
20 the site until the day specified in the notice.
(2) A resident who vacates a caravan before the day
specified in the notice of intention to vacate the
caravan must pay to the caravan owner the hiring
charge for the period from the day the resident
25 vacated the caravan until the day specified in the
notice.
300. Abandonment of site or caravan
(1) A resident abandons a site or caravan if the
resident leaves it without any intention of
30 returning.
(2) A resident may be regarded as having no intention
of returning if--
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(a) the resident has not occupied the site or
caravan for a period of at least 14 days and
has not paid any rent or hiring charges for
that period; or
5 (b) the resident has left the site or caravan and in
all the circumstances it would be
unreasonable to expect him or her to return.
301. Order of abandonment
(1) If a caravan park owner or caravan owner believes
10 that a resident has abandoned a site or caravan, the
caravan park owner or caravan owner may apply
to the Tribunal for an order declaring that the
resident has abandoned the site or caravan.
(2) An application under sub-section (1) must be
15 heard by the Tribunal within 2 business days after
the application is made.
(3) On an application under sub-section (1), the
Tribunal may by order declare that the site or
caravan was abandoned by the resident on a day
20 specified by the Tribunal.
(4) The resident is deemed to have abandoned the
caravan or site on that specified day.
(5) The caravan park owner may also apply to the
Tribunal for an order--
25 (a) requiring the caravan mortgagee to pay rent
until the caravan is removed from the site;
and
(b) fixing the amount of that rent.
(6) The rent is payable by the caravan mortgagee from
30 the seventh day after the caravan park owner gives
notice in writing to the caravan mortgagee of the
orders under sub-sections (3) and (5).
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Subdivision 3--Notice by caravan park owner, caravan owner
or caravan mortgagee
302. Damage
(1) A caravan park owner may give a resident a notice
5 to vacate a site if the resident or the resident's
visitor intentionally or recklessly causes or allows
serious damage to the site or the caravan park or
any facility in the caravan park.
(2) A caravan owner may give a resident a notice to
10 vacate a caravan if the resident or a resident's
visitor intentionally or recklessly causes or allows
serious damage to a caravan hired from the
caravan owner.
(3) The notice may require the resident to vacate the
15 site or caravan immediately.
303. Danger
(1) A caravan park owner may give a resident a notice
to vacate a site if the resident or the resident's
visitor by act or omission causes a danger to any
20 person or property in the caravan park.
(2) The notice may require the resident to vacate the
site immediately.
(3) Sub-section (1) does not apply to any
circumstance to which Part 8 applies.
25 304. Disruption
(1) A caravan park owner may give a resident a notice
to vacate a site if the resident or the resident's
visitor seriously interrupts the quiet and peaceful
enjoyment of the caravan park by other occupiers.
30 (2) The notice may require the resident to vacate the
site immediately.
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305. Non-payment of rent
(1) A caravan park owner may give a resident a notice
to vacate a site if the resident owes at least 7 days
rent to the caravan park owner.
5 (2) The notice must specify a termination date that is
not less than 7 days after the date on which the
notice is given.
306. Non-payment of hiring charges
(1) A caravan owner may give a resident a notice to
10 vacate a caravan if the resident owes at least 7
days hiring charges to the caravan owner.
(2) The notice must specify a termination date that is
not less than 7 days after the date on which the
notice is given.
15 307. Failure of resident to comply with Tribunal order
(1) A caravan park owner or caravan owner may give
a resident a notice to vacate a site or caravan if the
resident fails to comply with an order of the
Tribunal under section 212.
20 (2) The notice must specify a termination date that is
not less than 7 days after the date on which the
notice is given.
308. Successive breaches by resident
(1) A caravan park owner or caravan owner may give
25 a resident a notice to vacate a site or caravan if--
(a) the resident has breached a duty provision
within the meaning of Part 5; and
(b) on 2 previous occasions the resident has been
in breach of the same provision; and
30 (c) the caravan park owner or caravan owner or
that person's agent has on each occasion
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given a breach of duty notice to the resident
under section 208; and
(d) the resident has on each occasion remedied
the breach or paid compensation for the
5 breach within the period required under
section 208.
(2) The notice must specify a termination date that is
not less than 7 days after the date on which the
notice is given.
10 309. Use of site or caravan for illegal purpose
(1) A caravan park owner or caravan owner may give
a resident a notice to vacate a site or caravan if the
resident has used the site or caravan or permitted
its use for any purpose that is illegal at common
15 law or under an Act.
(2) The notice must specify a termination date that is
not less than 7 days after the date on which the
notice is given.
310. Sale of caravan
20 (1) A caravan park owner may give a resident a notice
to vacate a site if immediately after the
termination date a caravan owned by the caravan
park owner and occupied by the resident is to be
sold.
25 (2) A caravan owner may give a resident a notice to
vacate a caravan if immediately after the
termination date a caravan owned by the caravan
owner and occupied by the resident is to be sold.
(3) The notice must specify a termination date that is
30 not less than 60 days after the date on which the
notice is given.
(4) If an agreement under section 144 specifies a day
on which the term of occupancy is to end, the
notice cannot specify a termination date that is
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earlier than the day on which the occupancy is to
end.
311. Change of use
(1) A caravan park owner may give a resident a notice
5 to vacate a site if the caravan park is to be
converted to a use other than a caravan park.
(2) The notice must specify a termination date that is
not less than 6 months after the date on which the
notice is given.
10 (3) If an agreement under section 144 specifies a day
on which the term of occupancy is to end, the
notice cannot specify a termination date that is
earlier than the day on which the occupancy is to
end.
15 312. Occupation by caravan owner
(1) This section applies if a resident has hired a
caravan for a fixed term.
(2) A caravan owner may give a resident a notice to
vacate a caravan if--
20 (a) the caravan owner intends to occupy the
caravan himself or herself; or
(b) the caravan owner intends to make it
available for occupation by--
(i) his or her spouse, son, daughter, parent
25 or spouse's parent; or
(ii) another person who normally lives with
the caravan owner and is wholly or
substantially dependent on the caravan
owner.
30 (3) The notice must specify a termination date that is
not less than 14 days after the end of the fixed
term.
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313. Prohibition on hiring of caravans or renting of sites
after notice
(1) A caravan park owner must not rent a site vacated
under section 310 or 311 for 6 months after the
5 site is vacated.
Penalty: 20 penalty units.
(2) A caravan owner must not hire out a caravan
vacated under section 310 or 312 for 6 months
after the caravan is vacated.
10 Penalty: 20 penalty units.
(3) Sub-section (1) does not apply if the Tribunal
determines that the site may be rented.
(4) Sub-section (2) does not apply if--
(a) the Tribunal determines that the caravan may
15 be hired out; or
(b) the caravan is vacated under section 312 and
the caravan is hired out to a person referred
to in that section.
314. Notice for no specified reason
20 (1) A caravan park owner may give a resident a notice
to vacate a site without specifying a reason for the
giving of the notice.
(2) A caravan owner may give a resident a notice to
vacate a caravan without specifying a reason for
25 the giving of the notice.
(3) The notice must specify a termination date that is
not less than 90 days after the date on which the
notice is given.
(4) The notice must not specify a termination date that
30 is earlier than--
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(a) the day specified in an agreement under
section 144 as the day on which the term of
occupancy is to end; or
(b) the day specified in an agreement under
5 section 144 as the day on which the term of
occupancy may be ended by a notice under
this section; or
(c) the end of the period of notice required by an
agreement under section 144 for a notice
10 under this section.
(5) Sub-section (1) does not apply if the caravan park
is to be converted to a use other than a caravan
park.
315. Notice of no effect
15 (1) A notice under section 314 is of no effect if it was
given in response to the exercise, or proposed
exercise, by the resident of a right under this Act.
(2) A person is not entitled to apply to the Tribunal
challenging the validity of a notice under this
20 section after the end of 28 days after the date on
which the notice is given.
316. Notice by caravan park mortgagee
(1) A caravan park mortgagee may give a resident a
notice to vacate a site if the caravan park
25 mortgagee becomes entitled to possession of, or to
exercise a power of sale in respect of, the caravan
park under a mortgage.
(2) The notice must specify a termination date that
is--
30 (a) not less than 90 days after the date on which
the notice is given if the mortgage was given
before the resident obtained a residency
right; or
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(b) not less than 6 months after the date on
which the notice is given if the mortgage was
given after the resident obtained a residency
right.
5 317. Notice by caravan mortgagee
(1) A caravan mortgagee may give a resident who is
not the caravan mortgagor a notice to vacate a
caravan if the caravan mortgagee becomes entitled
to possession of the caravan under a security.
10 (2) The notice must specify a termination date that
is--
(a) not less than 30 days after the date on which
the notice is given if the security was given
before the resident obtained a residency
15 right; or
(b) not less than 6 months after the date on
which the notice is given if the mortgage was
given after the resident obtained a residency
right.
20 (3) If a caravan mortgagee becomes entitled to
possession of a caravan under a security given by
a resident who is the caravan mortgagor, the
caravan mortgagee may exercise the rights given
under the security.
25 Division 4--Notices under this Part
318. Form of notice of intention to vacate
(1) A notice of intention to vacate rented premises or
a caravan or site in a caravan park is not valid
unless it is in writing.
30 (2) A notice of intention to vacate a room in a
rooming house may be given orally or, if so
required by the rooming house owner, in writing.
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(3) A notice of intention to vacate given under this
Part which is in writing is not valid unless it is
signed by the person giving the notice or by that
person's agent.
5 319. Form of notice to vacate
A notice to vacate given under this Part is not
valid unless--
(a) it is in the prescribed form; and
(b) it is addressed to the tenant or resident; and
10 (c) it is signed by the person giving the notice or
by that person's agent; and
(d) except in the case of a notice under section
263, 288 or 314, it specifies the reasons for
giving the notice; and
15 (e) it specifies the date by which compliance is
required (the "termination date").
320. What if 2 or more notices can be served?
If a person is or becomes entitled to give 2 or
more notices of intention to vacate or notices to
20 vacate under this Part--
(a) the invalidity of any of the notices does not
affect the validity of any other notice; and
(b) each valid notice has full force and effect.
321. How can a notice be withdrawn?
25 (1) Subject to sub-sections (2) and (3), a notice of
intention to vacate or a notice to vacate given
under this Part is withdrawn only if a notice of
withdrawal is given.
(2) Subject to sub-section (3), a notice of withdrawal
30 must be--
(a) in writing; and
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(b) signed by the person who gave the notice;
and
(c) signed by the person to whom the notice was
given.
5 (3) If a notice of intention to vacate a room is given
orally, it may be withdrawn orally.
_______________
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PART 7--REGAINING POSSESSION--POSSESSION
ORDERS AND WARRANTS
Division 1--Applications for possession orders
322. Application for possession order by landlord
5 (1) A landlord may apply to the Tribunal for a
possession order for rented premises if the
landlord has given the tenant a notice to vacate the
premises (other than a notice under section 261 or
section 263).
10 (2) A landlord may apply to the Tribunal for a
possession order for rented premises if--
(a) the landlord has given the tenant a notice to
vacate the premises under section 261 or
section 263; and
15 (b) the tenant has not delivered up vacant
possession of the premises.
(3) A landlord may apply to the Tribunal for a
possession order for rented premises if--
(a) the tenant has given the landlord a notice of
20 intention to vacate the premises; and
(b) the tenant has not delivered up vacant
possession of the premises.
323. Application for possession order by rooming house
owner
25 A rooming house owner may apply to the Tribunal
for a possession order for a room if--
(a) the rooming house owner has given the
resident a notice to vacate the room; or
(b) the resident has given the rooming house
30 owner a notice of intention to vacate the
room.
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324. Application for possession order by caravan park
owner or caravan owner
(1) A caravan park owner may apply to the Tribunal
for a possession order for a site if the caravan park
5 owner has given the resident a notice to vacate the
site.
(2) A caravan owner may apply to the Tribunal for a
possession order for a caravan if the caravan
owner has given a resident a notice to vacate the
10 caravan.
(3) A caravan park owner or caravan owner may
apply to the Tribunal for a possession order if the
resident has given the owner a notice of intention
to vacate the site or caravan.
15 325. Application for possession order by mortgagee
(1) A mortgagee of rented premises may apply to the
Tribunal for a possession order for rented
premises if--
(a) the mortgagee has given the tenant a notice
20 to vacate the premises; and
(b) the tenant has not delivered up vacant
possession of the premises.
(2) A rooming house mortgagee may apply to the
Tribunal for a possession order if--
25 (a) the rooming house mortgagee has given a
resident a notice to vacate a room; and
(b) the resident fails to vacate the room by the
date specified in the notice.
(3) A caravan park mortgagee or caravan mortgagee
30 may apply to the Tribunal for a possession order
if--
(a) the mortgagee has given a resident a notice
to vacate the site or caravan; and
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(b) the resident fails to vacate the site or caravan
by the date specified in the notice.
326. Time for application
(1) An application under section 322(1), 323(a),
5 324(1) or 324(2) may be made at any time after
the notice to vacate is given but not later than 30
days after the termination date specified in the
notice.
(2) An application under section 322(2), 322(3) or
10 325 must be made after the termination date
specified in the notice to vacate but not later than
30 days after that date.
(3) An application under section 323(b) or 324(3)
must be made after the end of 7 days after the date
15 on which the notice of intention to vacate is given
but not later than 30 days after the termination
date specified in the notice.
327. Copy of application to be given to tenant or resident
An applicant for a possession order under this
20 Division must give the tenant or resident a copy of
the application without delay after the application
is made.
328. Applicant to give copy of notice to vacate to Tribunal
An applicant for a possession order under this
25 Division must give the Tribunal a copy of any
notice to vacate or notice of intention to vacate
given in respect of the rented premises, a room,
site or caravan together with the application.
329. Hearing of application for possession order
30 The Tribunal must not determine an application
for a possession order under this Division earlier
than the termination date specified in the notice to
vacate or notice of intention to vacate
accompanying the application.
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330. Order of Tribunal
(1) The Tribunal must make a possession order
requiring a tenant or resident to vacate rented
premises, a room and rooming house, a site or a
5 caravan on the day specified in the order if the
Tribunal is satisfied--
(a) in the case of an application where notice to
vacate has been given, that--
(i) the landlord, rooming house owner,
10 caravan park owner, caravan owner or
mortgagee was entitled to give the
notice; and
(ii) the notice has not been withdrawn; and
(b) in the case of an application where a notice
15 of intention to vacate has been given by a
tenant or resident, that the landlord, rooming
house owner, caravan park owner or caravan
owner acted reasonably by relying on the
notice of intention to vacate; and
20 (c) that the landlord, rooming house owner,
caravan park owner, caravan owner or
mortgagee has complied with section 327;
and
(d) that the tenant or resident is still in
25 possession of the rented premises, room, site
or caravan after the termination date
specified in the notice to vacate or notice of
intention to vacate.
(2) A possession order on an application under
30 section 322(3), 323(b) or 324(3) must be made
within 14 days after the application is made.
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331. Order to be dismissed or adjourned in certain
circumstances
(1) The Tribunal may dismiss or adjourn an
application for a possession order if--
5 (a) the application is supported with--
(i) in the case of rented premises, a notice
to vacate given under section 246; or
(ii) in the case of a rooming house, a notice
to vacate given under section 281; or
10 (iii) in the case of a caravan or site, a notice
to vacate given under section 305 or
306; and
(b) the Tribunal considers that satisfactory
arrangements have been or can be made to
15 avoid financial loss to the landlord, rooming
house owner, caravan park owner or caravan
owner (as the case may be).
(2) An adjournment may be on any terms the Tribunal
thinks fit.
20 (3) On the resumption of an adjourned hearing, the
Tribunal must dismiss the application if the
arrears which were the subject of the original
application, together with any arrears that have
accrued during the period of adjournment (if any)
25 have been paid.
332. Order not to be made in certain circumstances
(1) Despite section 330, the Tribunal must not make a
possession order if--
(a) the application for the order is supported
30 with a notice to vacate given under section
248, 282 or 307; and
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(b) the Tribunal is satisfied that--
(i) the failure to comply with an order of
the Tribunal was trivial or has been
remedied as far as possible; and
5 (ii) there will not be any further breach of
the duty; and
(iii) the breach of duty is not a recurrence of
a previous breach of duty.
(2) Despite section 330, the Tribunal must not make a
10 possession order if--
(a) the application for the order is supported by a
notice to vacate given under section 280 or
304; and
(b) the Tribunal is satisfied that--
15 (i) the interruption to quiet and peaceful
enjoyment of the rooming house or the
caravan park (as the case may be) has
ceased; and
(ii) the disturbance is not a recurrence and
20 will not be repeated.
333. Contents of possession order
(1) A possession order must include--
(a) the day (being a day not more than 30 days
after the day on which the possession order is
25 made) by which--
(i) in the case of rented premises, the
tenant must vacate those rented
premises; and
(ii) in the case of a room in a rooming
30 house, the resident must vacate the
room and rooming house; and
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(iii) in the case of a site or caravan, the
resident must vacate the site or caravan;
and
(b) a direction to the tenant or resident (as the
5 case may be) to vacate the rented premises,
room and rooming house, site or caravan by
the day specified in the order; and
(c) a direction to the Registrar to issue a warrant
of possession in accordance with section 351
10 on the application of the person who
obtained the possession order.
(2) A possession order for rented premises or a room
in a rooming house must also include a warning
that if the tenant or resident fails to comply with
15 the direction in sub-section (1)(b), he or she may
be forcibly vacated from the rented premises or
room and rooming house by a member of the
police force or an authorised person carrying out a
warrant of possession.
20 (3) A possession order for a site or caravan must also
include a warning that if the resident and any other
person residing at the site or in the caravan fails to
comply with the direction referred to in sub-
section (1)(b)--
25 (a) if the resident had a right to reside in a
caravan owned by a caravan owner, he or she
and any other person residing at the site or in
the caravan may be forcibly vacated from the
site and the caravan park by a member of the
30 police force or an authorised person carrying
out a warrant of possession; or
(b) if the resident had a right to occupy a site in a
caravan owned by the resident, he or she and
any other person residing at the site or in the
35 caravan may be forcibly vacated from the site
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and the caravan park by a member of the
police force or an authorised person carrying
out a warrant of possession and the caravan
may be removed from the caravan park and
5 held under Division 5.
334. Effect of possession order for rented premises
If a possession order is made under this Division
in respect of rented premises, the tenancy
agreement terminates at the end of the day before
10 the day on which possession of the rented
premises is delivered up to the landlord or
mortgagee.
Division 2--Alternative procedure for possession
335. Application for possession order where rent owing
15 A landlord may apply to the Tribunal for a
possession order for rented premises if the tenant
owes at least 14 days rent to the landlord.
336. Landlord to give tenant notice to vacate
(1) On making an application under section 335, the
20 landlord must give to the tenant personally or by
registered post a notice to vacate the rented
premises.
(2) The notice must specify a termination date that is
not less than 14 days after the date on which the
25 notice is given.
(3) The notice to vacate must be accompanied by--
(a) a copy of the landlord's application under
section 335; and
(b) 2 notice of objection forms in the prescribed
30 form; and
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(c) a statement in the prescribed form setting out
in summary form the tenant's rights under
this Division.
337. Landlord may apply for possession order in respect of
5 notice under section 261
(1) If a landlord has given a notice to vacate under
section 261, the landlord may give the tenant a
further notice informing the tenant that the
landlord intends to apply to the Tribunal under
10 this section for a possession order if the tenant
does not deliver up vacant possession of the rented
premises by the end of the termination date set out
in the notice to vacate.
(2) A notice must be given to the tenant under sub-
15 section (1)--
(a) in the case of a fixed term tenancy agreement
for a term of 6 months or more, not less than
14 days and not more than 21 days before the
termination date specified in the notice to
20 vacate; and
(b) in the case of a fixed term tenancy agreement
for a term of less than 6 months, not less than
7 days and not more than 14 days before the
termination date specified in the notice to
25 vacate.
(3) A landlord may apply to the Tribunal for a
possession order if--
(a) the landlord has given the tenant a notice to
vacate under section 261 and a notice in
30 accordance with sub-sections (1) and (2); and
(b) the tenant has not delivered up vacant
possession of the rented premises by the end
of the termination date specified in the notice
to vacate.
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(4) The landlord must give a copy of the application
under sub-section (3) to the tenant accompanied
by--
(a) 2 notice of objection forms in the prescribed
5 form; and
(b) a statement in the prescribed form setting out
in summary form the tenant's rights under
this Division.
338. Objection by tenant
10 (1) If a tenant wishes to object to the making of a
possession order under this Division, the tenant
must--
(a) lodge a notice of objection in the prescribed
form with the Tribunal in the prescribed
15 manner; and
(b) serve a notice of objection in the prescribed
form on the landlord.
(2) A tenant who lodges a notice of objection under
sub-section (1) must lodge it--
20 (a) in the case of a notice of objection in relation
to an application under section 335, before
4 p.m. on the termination date; or
(b) in the case of a notice of objection in relation
to a notice to vacate given under section 261,
25 before the end of 4 business days after the
date on which the tenant received the copy of
the application under section 337.
(3) On the lodging of the notice of objection, Division
1 applies--
30 (a) in relation to an application under section
335, as if the application for the possession
order were made under section 322 after
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giving a notice to vacate under section 246;
and
(b) in relation to an application under section
337, as if the application for the possession
5 order were made under section 322.
339. Request for determination if no notice of objection
(1) If the tenant does not lodge a notice of objection
with the Tribunal within the period specified
under section 338, the landlord may lodge a
10 request for determination with the Tribunal in the
prescribed manner.
(2) A request for determination must be made within
28 days after the termination date set out in the
notice to vacate.
15 (3) If the request for determination is not made within
the required period the application for the
possession order is deemed to be withdrawn.
340. What must the landlord include in a request for
determination?
20 (1) A request for determination must--
(a) be verified by affidavit; and
(b) be accompanied by the prescribed fee (if
any); and
(c) request the making of a possession order
25 requiring the tenant to vacate the rented
premises; and
(d) set out--
(i) the name and address of the landlord;
and
30 (ii) the name and address of the tenant; and
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(iii) the prescribed information relating to
service of documents under this
Division; and
(iv) the details of the tenant's continued
5 occupation of the rented premises; and
(v) any other prescribed information; and
(e) be accompanied by a copy of the notice to
vacate given in respect of the rented
premises.
10 (2) In addition to the matters required under sub-
section (1), a request for determination relating to
an application under section 335 must--
(a) specify the details of the rent owing at the
date of the affidavit; and
15 (b) request the making of a determination of the
amount of rent owing to the landlord by the
tenant; and
(c) request the making of a determination
directing the Authority to pay out an amount
20 of bond to or on account of the landlord in
respect of the rent owing.
(3) In addition to the matters required under sub-
section (1), a request for determination relating to
a notice to vacate given under section 261--
25 (a) must be accompanied by--
(i) a copy of the tenancy agreement
relating to the rented premises; and
(ii) a copy of the notice given in accordance
with section 337(1) and (2); and
30 (b) may specify the details of the rent owing (if
any) at the date of the affidavit; and
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(c) may request the making of a determination of
the amount of rent owing to the landlord by
the tenant (if any); and
(d) may request the making of a determination
5 directing the Authority to pay out an amount
of bond to or on account of the landlord in
respect of the rent owing (if any).
341. Registrar to make determination if no notice of
objection
10 (1) If a request for determination is made under
section 339 in relation to an application under
section 335 and the Registrar is satisfied that the
determination should be made, the Registrar
must--
15 (a) make a possession order directing the tenant
to vacate the rented premises immediately or
if a later day is specified by the landlord, that
later day; and
(b) make a determination of the amount of rent
20 owing to the landlord by the tenant at the
date of the landlord's affidavit; and
(c) make a determination directing the Authority
to pay out an amount of bond to or on
account of the landlord in respect of the rent
25 owing.
(2) If a request for determination is made under
section 339 in relation to a notice to vacate given
under section 261 and the Registrar is satisfied
that the determination should be made, the
30 Registrar--
(a) must make a possession order directing the
tenant to vacate the rented premises
immediately or if a later day is specified by
the landlord, that later day; and
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(b) may make a determination of the amount of
rent owing to the landlord by the tenant (if
any) at the date of the landlord's affidavit;
and
5 (c) may make a determination directing the
Authority to pay out an amount of bond to or
on account of the landlord in respect of the
rent owing (if any).
(3) A possession order under this section must
10 provide that--
(a) a warrant of possession must be issued on
the application of the landlord; and
(b) an application to the Registrar for the issue
of a warrant of possession must be made not
15 more than 30 days after the day on which the
order is made; and
(c) the warrant of possession must be executed
not more than 30 days after the day on which
the warrant is issued.
20 (4) A possession order under this section must include
a warning that if the tenant fails to comply with a
direction under sub-section (1)(a) or sub-section
(2)(a), he or she may be forcibly vacated from the
rented premises by a member of the police force
25 or an authorised person carrying out a warrant of
possession.
(5) An order or determination of the Registrar under
this section is deemed to be an order or
determination of the Tribunal
30 342. Effect of possession order
If a possession order is made under this Division,
the tenancy agreement terminates at the end of the
day before the day on which possession of the
rented premises is delivered up to the landlord.
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343. What if the Registrar is not satisfied that
determination should be made?
(1) If the Registrar is not satisfied that the
determination should be made, the Registrar may,
5 or if the applicant so requests, must, refer the
matter to the Tribunal for determination.
(2) Division 1 applies to a request for determination
referred to the Tribunal under sub-section (1)--
(a) in relation to an application under section
10 335, as if the request for determination were
an application for a possession order made
under section 322 after giving a notice to
vacate under section 246; and
(b) in relation to an application under section
15 337, as if the request for determination were
an application for a possession order made
under section 322.
Division 3--Recovery of possession of rented premises where
occupied without consent
20 344. Application for possession order if premises occupied
without consent
(1) A person who claims to be entitled to the
possession of premises may apply to the Tribunal
for a possession order if--
25 (a) the premises have been rented premises
under a tenancy agreement at any time within
the period of 12 months before the date of
the application; and
(b) the applicant alleges that the premises are
30 occupied solely by a person (not being a
tenant under a tenancy agreement) who
entered into or remained in occupation
without the applicant's licence or consent or
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Act No.
that of any predecessor in title of the
applicant.
(2) An application under sub-section (1) must be
accompanied by an affidavit stating--
5 (a) the applicant's interest in the premises; and
(b) the circumstances in which the premises
have been occupied without licence or
consent; and
(c) the circumstances in which the applicant's
10 claim to possession arises; and
(d) if the person occupying the premises is not
named in the application, the steps that the
applicant has taken to ascertain and identify
the person occupying the premises; and
15 (e) particulars of the tenancy agreement under
which the applicant claims the premises have
been rented premises within the preceding 12
months.
345. Order of Tribunal
20 The Tribunal must make a possession order for the
premises if the Tribunal is satisfied that--
(a) the applicant under section 344 is entitled to
possession of the premises; and
(b) there are reasonable grounds for believing
25 that a person is occupying the premises
without licence or consent.
346. What must the possession order provide?
A possession order under this Division must--
(a) direct the Registrar to issue without delay a
30 warrant of possession against all persons for
the time being occupying the premises; or
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(b) provide that notice in the prescribed form be
served without delay on all persons for the
time being occupying the premises requiring
them--
5 (i) to appear before the Tribunal on a day
after the end of 7 days after the giving
of the notice; and
(ii) to show cause why a warrant of
possession should not be issued.
10 347. Notice to occupiers of premises
If a possession order under this Division requires a
notice to be given, the applicant for the order must
serve a copy of the order and the notice on all
persons for the time being occupying the premises
15 by affixing the copy of the order and the notice to
a door giving access to the premises.
348. Direction of Tribunal if occupier fails to appear
(1) If a person on whom a copy of an order and a
notice is served under this Division fails to appear
20 before the Tribunal in accordance with the notice,
the Tribunal must direct the Registrar to issue
without delay a warrant of possession against all
persons for the time being occupying the premises.
(2) The Tribunal must not give a direction under sub-
25 section (1) unless it is satisfied that the copy of the
possession order and the notice were served in
accordance with this Division.
349. Order of Tribunal if occupier appears
If a person on whom a copy of an order and a
30 notice is served under this Division appears to
answer the notice, the Tribunal--
(a) on giving both parties an opportunity to be
heard, must determine the matter; and
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(b) if it is satisfied that the applicant is entitled
to the premises, must direct the Registrar to
issue a warrant of possession against all
persons for the time being occupying the
5 premises; and
(c) if it is not satisfied that the applicant is
entitled to the premises, may cancel the
possession order.
350. Effect of this Division
10 This Division has effect despite anything to the
contrary in any other provision of this Act.
Division 4--Warrants of possession
351. Issue of warrant of possession
(1) Subject to sub-section (2), a person who obtains a
15 possession order under this Part may apply to the
Registrar for a warrant of possession--
(a) immediately, if the possession order so
provides; or
(b) within 6 months after the date of the
20 possession order if the tenant or resident fails
to comply with the possession order.
(2) A person who obtains a possession order under
Division 2 may apply to the Registrar for a
warrant of possession not more than 30 days after
25 the date of the possession order.
(3) An application under this section must be
accompanied by the prescribed fee (if any).
(4) Subject to this Division, a warrant must be
executed within the time stated in the possession
30 order which must not exceed 30 days after the date
of issue of the warrant.
352. Postponement of issue of warrant in certain cases
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(1) The Tribunal may provide in a possession order
under this Part in relation to rented premises that
the issue of a warrant of possession be postponed
for a period specified in the order, if the Tribunal
5 is satisfied that--
(a) the tenant would suffer hardship if the issue
of the warrant were not postponed; and
(b) the hardship would be greater than any
hardship that the landlord or mortgagee (as
10 the case may be) would suffer because of the
postponement.
(2) The period of postponement specified in the order
must not exceed 30 days after the date that the
order is made.
15 (3) This section does not apply to--
(a) an order made on the application of a
landlord who has given a notice to vacate the
rented premises under sections 243 to 245; or
(b) an order made under Division 2.
20 353. Immediate issue of warrant if failure to comply
during postponement
On the application of the landlord or mortgagee of
rented premises, the Tribunal may order that a
warrant of possession be issued without delay if
25 the Tribunal is satisfied that, during any period of
postponement specified in an order under section
352, the tenant--
(a) has failed to pay any rent accrued due; or
(b) has otherwise failed to comply with the
30 tenancy agreement; or
(c) has failed to comply with a provision of this
Act relating to the tenancy agreement.
354. Extension of time for warrant to be executed
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(1) On the application of the person who obtained the
warrant of possession, the Tribunal may from time
to time make an order extending the time in which
the warrant of possession may be executed.
5 (2) An order under sub-section (1) must not at any
one time extend the time in which a warrant of
possession may be executed by more than 30 days
after the day on which the time for execution of
the warrant would otherwise expire.
10 (3) An order may not be made under sub-section (1) if
the time for execution of the warrant has passed.
(4) This section does not apply to a warrant issued
under a possession order made under Division 2.
355. Warrant of possession
15 (1) A warrant of possession under this Part must--
(a) be in a form approved by the Minister; and
(b) be directed--
(i) to a member of the police force; or
(ii) to an authorised person; and
20 (c) give brief details of the possession order; and
(d) be signed by the Registrar.
(2) The warrant of possession authorises the person to
whom it is directed--
(a) to enter the rented premises, room and
25 rooming house or site or caravan (as the case
may be), by force if necessary; and
(b) with such assistance as is necessary, to
compel all persons for the time being
occupying the rented premises, room, site or
30 caravan (as the case may be) to vacate and
give possession of them to the applicant for
the order under which the warrant is issued.
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(3) A warrant of possession does not authorise the
person to whom it is directed to remove any goods
from rented premises or a room in a rooming
house or a site or caravan.
5 (4) Entry under a warrant of possession must not be
made--
(a) between the hours of 6 p.m. and 8 a.m.; or
(b) on a Sunday or public holiday.
(5) The Minister may authorise any person or class of
10 persons either generally or in a particular case to
execute warrants of possession.
356. Lapsing of possession order and lapsing or
cancellation of warrant of possession
(1) A possession order under this Part is discharged if
15 the applicant for the order does not--
(a) in the case of an order under Division 2,
within 30 days after the date of the order; or
(b) in any other case, within 6 months after the
date of the order--
20 apply for the issue of a warrant of possession.
(2) A warrant of possession under this Part lapses if it
is not executed--
(a) subject to paragraph (b), within the time
stated in the order; or
25 (b) if the Tribunal has extended the time within
which a warrant may be executed, within the
further time that the Tribunal by order
allows.
(3) The Tribunal may at any time cancel a warrant of
30 possession issued under this Part.
357. Execution of warrant
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As soon as practicable, but not later than 60 days
after a warrant of possession is issued, the person
to whom the warrant is addressed must--
(a) return the warrant to the Registrar; and
5 (b) specify in writing whether the warrant has or
has not been executed.
358. Offence to re-enter rooming house, site or caravan
(1) A person who is removed from a rooming house
under a warrant of possession must not re-enter
10 and take up possession of a room in the rooming
house.
Penalty: 20 penalty units.
(2) A person who is removed from a site or caravan
under a warrant of possession must not re-enter
15 and take up possession of the site or caravan.
Penalty: 20 penalty units.
Division 5--Sheriff's powers to remove caravans
359. Removal of caravan from a caravan park
The Registrar must notify the sheriff as soon as
20 possible after a warrant of possession is returned
if--
(a) a resident and any other occupants have been
removed from a site under the warrant of
possession; and
25 (b) the possession order under which the warrant
of possession was issued directed the
removal of the caravan on the site from the
caravan park.
360. Sheriff's powers to remove
30 (1) After receiving a notice under section 359, the
sheriff must remove the caravan and goods in it
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Act No.
from the caravan park and store the caravan and
any goods in a safe place.
(2) Subject to sub-section (3), the sheriff may destroy
or dispose of goods if they are--
5 (a) of no monetary value; or
(b) perishable foodstuffs; or
(c) dangerous.
(3) If personal documents are left in a caravan
removed in accordance with sub-section (1), the
10 sheriff may remove them but must not destroy or
dispose of them, except in accordance with
sections 361, 362 and 363.
361. What happens to personal documents?
If personal documents are left behind, the sheriff
15 must--
(a) store the documents for a period of 90 days;
and
(b) before the end of the 90 day storage period,
cause a notice to be inserted in the prescribed
20 form in a newspaper circulating generally
throughout Victoria of the sheriff's intention
to dispose of the personal documents at the
end of the 90 day period.
362. Disposal of personal documents after 90 days
25 (1) If notice has been given in accordance with
section 361 and the personal documents have not
been claimed by the former resident or any other
person giving satisfactory evidence of the person's
right to them by the end of the 90 day storage
30 period, then at the end of that period, the sheriff
may dispose of the personal documents in any
manner that he or she thinks fit.
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(2) Nothing in this section affects the operation of any
other Act or law affecting the destruction or
disposition of the documents.
(3) If the sheriff has disposed of personal documents
5 in accordance with this section, the sheriff may
apply to the Tribunal for compensation for the
costs of removal and storage of the documents,
including the publication of a notice under section
361.
10 (4) An application under sub-section (3) must be
made within 6 months after the personal
documents have been disposed of.
363. Reclaiming documents before disposal
The former resident or any other person giving
15 satisfactory evidence of the person's right to
personal documents may reclaim personal
documents removed by the sheriff before they are
disposed of in accordance with section 362 if he or
she pays to the sheriff any reasonable costs in
20 relation to the removal and storage of those
documents, including the publication of a notice
under section 361.
364. Rightful owner may claim caravan and goods
The former resident or any other person giving
25 satisfactory evidence of the person's right to do so
may reclaim the caravan or any goods (other than
personal documents or goods to which section
360(2) applies) within 90 days of the caravan's
removal from the caravan park on payment of
30 reasonable costs incurred by the sheriff in
removing and storing or paying for the removal
and storage of the caravan or goods.
365. Sale of caravan and goods
(1) If the caravan or goods (other than personal
35 documents) are not reclaimed, the sheriff may sell
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the caravan or goods by a public auction
advertised in a newspaper circulating generally
throughout Victoria at least 14 days before the
auction.
5 (2) If the caravan or any goods are not sold at the
public auction, the sheriff may dispose of the
caravan or goods in any manner that he or she
thinks fit.
(3) The proceeds of the sale or disposal remaining
10 after deducting the reasonable costs incurred in--
(a) removing and storing or paying for the
removal and storage of the caravan and any
goods; and
(b) selling or attempting to sell and disposing of
15 the caravan and any goods--
must be dealt with as unclaimed moneys in
accordance with Part 3 of the Unclaimed Moneys
Act 1962 as if the sheriff were a business to which
that Part applies.
20 (4) If the proceeds of the sale or disposal are
insufficient to meet the reasonable costs incurred
in--
(a) removing and storing or paying for the
removal and storage of the caravan and any
25 goods; and
(b) selling or attempting to sell and disposing of
the caravan and any goods--
the sheriff may apply to the Tribunal for
compensation for those costs.
30 (5) An application under sub-section (4) must be
made within 6 months after the date of the sale or
disposal under this section.
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366. Tribunal may order compensation from Residential
Tenancies Fund
(1) On an application under section 362(3) or section
365(4), the Tribunal may--
5 (a) make an order for compensation; or
(b) dismiss the application.
(2) Compensation in respect of an order made under
this section must be paid from the Residential
Tenancies Fund.
10 _______________
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PART 8--VIOLENCE ON CERTAIN PREMISES
367. Definitions
In this Part--
"managed high density building" means a
5 building which contains 2 or more rented
premises and which has an on-site manager;
"managed premises" means--
(a) a managed high density building; or
(b) a rooming house; or
10 (c) a caravan park--
and includes any common areas of that
building or caravan park;
"manager" means on-site manager, rooming
house owner or caravan park owner;
15 "on-site manager" in relation to a building or
caravan park, means a person whose duties
include--
(a) the security of the building or caravan
park; and
20 (b) the day to day operational responsibility
for the building or caravan park; and
(c) being present at the building or caravan
park or available to be present at least 7
hours a day, 5 days a week;
25 "resident" includes a tenant of rented premises in
a managed high density building.
368. Manager may give person notice to leave--serious
acts of violence
(1) A manager of managed premises may give a
30 resident a notice to leave the managed premises
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immediately if the manager reasonably believes
that--
(a) a serious act of violence by the resident has
occurred on the managed premises; or
5 (b) the safety of any person on the managed
premises is in danger from the resident.
(2) A manager of managed premises may give a
resident's visitor a notice to leave the premises
immediately if the manager reasonably believes
10 that--
(a) a serious act of violence by the visitor has
occurred on the managed premises; or
(b) the safety of any person on the managed
premises is in danger from the resident's
15 visitor.
(3) A notice to leave under this section must be in the
prescribed form.
369. Offence to remain on premises if given notice to leave
A person who has been given a notice to leave
20 managed premises under section 368 must not
remain on the managed premises after receiving
that notice.
Penalty: 10 penalty units.
370. What happens to a tenancy agreement or residency
25 right if a notice to leave is given?
(1) If a resident is given a notice to leave managed
premises under section 368, the tenancy
agreement or residency right of that resident in
respect of the rented premises, room or site in the
30 managed premises is suspended.
(2) Despite sub-section (1), the resident is still
required to pay--
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Act No.
(a) any rent under that tenancy agreement or
residency right in respect of the period that
the tenancy agreement or residency right is
suspended; and
5 (b) in the case of a caravan in a caravan park,
any hiring charge in respect of the period that
the residency right is suspended.
371. How long does a suspension last?
A suspension under this Part remains in force--
10 (a) until the end of 2 business days after it
commences; or
(b) if an application is made under section 374,
until the Tribunal has heard and determined
the application.
15 372. Offence to re-enter premises during suspension
A resident whose tenancy agreement or residency
right has been suspended under this Part must not
enter the managed premises during the period that
the suspension is in force.
20 Penalty: 10 penalty units.
373. Notice to Registrar
A manager who gives a resident a notice to leave
managed premises under section 368, must give
the Registrar written notice of the giving of that
25 notice to leave no later than the end of the next
business day after the day on which the notice to
leave was given.
Penalty: 20 penalty units.
374. Landlord, rooming house owner or caravan park
30 owner may make urgent application to Tribunal
(1) If a tenancy agreement or residency right is
suspended under this Part, the landlord, rooming
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house owner or caravan park owner (as the case
may be) may apply to the Tribunal for an order
that the tenancy agreement or residency right be
terminated.
5 (2) An application under sub-section (1) must be
made before the end of 2 business days after the
suspension of the tenancy agreement or residency
right.
375. Tribunal must hear application urgently
10 The Tribunal must hear an application under
section 374 within 2 business days after the
application is made.
376. What can the Tribunal order?
(1) After hearing an application under section 374, the
15 Tribunal may--
(a) if the Tribunal determines that it was
appropriate to give the resident the notice to
leave the managed premises--
(i) make an order terminating the tenancy
20 agreement or residency right as at the
date of that order; or
(ii) if the Tribunal is satisfied that the
circumstances giving rise to the giving
of the notice to leave will not be
25 repeated, order that the suspension of
the tenancy agreement or residency
right cease and that the resident be
allowed to resume occupation of the
rented premises, room or site under the
30 tenancy agreement or residency right; or
(b) in any other case, order that the suspension
of the tenancy agreement or residency right
cease and that the resident be allowed to
resume occupation of the rented premises,
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s. 377
Act No.
room or site under the tenancy agreement or
residency right.
(2) The Tribunal may make any ancillary or incidental
orders that the Tribunal considers appropriate.
5 (3) If the Tribunal orders under sub-section (1)(b) that
the suspension of a tenancy agreement or
residency right cease, the Tribunal may order that
compensation in the form of a refund of the rent
and hiring charges paid in respect of the period of
10 the suspension be paid to the resident.
377. Offence to allow occupation of premises pending
application or hearing
(1) A landlord of rented premises in a managed high
density building must not allow a person who is
15 not a party to a tenancy agreement suspended
under section 370 to lease or occupy the rented
premises during the period of suspension.
Penalty: 20 penalty units.
(2) A rooming house owner must not allow a person
20 who is not a party to a residency right suspended
under section 370 to occupy the room in the
rooming house to which that residency right
applies during the period of suspension.
Penalty: 20 penalty units.
25 (3) A caravan park owner must not allow a person
who is not a party to a residency right suspended
under section 370 to occupy the site in the caravan
park to which that residency right applies during
the period of suspension.
30 Penalty: 20 penalty units.
_______________
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Act No.
PART 9--GOODS LEFT BEHIND BY TENANTS AND
RESIDENTS
Division 1--Preliminary
378. Application of this Part
5 This Part applies if--
(a) in the case of rented premises, the tenancy
agreement has been terminated and goods
have been left behind;
(b) in the case of a rooming house, a resident has
10 vacated a room and goods have been left
behind;
(c) in the case of a caravan park, the caravan
park owner, caravan park mortgagee, caravan
owner or caravan mortgagee has taken
15 possession of a caravan which a resident has
vacated and goods have been left behind.
379. Definitions
In this Part--
"owner of premises" means--
20 (a) in relation to rented premises in respect
of which a tenancy agreement has been
terminated, the former landlord; and
(b) in relation to a rooming house, the
rooming house owner; and
25 (c) in relation to a caravan or caravan park,
the caravan park owner, caravan park
mortgagee, caravan owner or caravan
mortgagee;
"stored goods" means--
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Act No.
(a) in relation to rented premises in respect
of which a tenancy agreement has been
terminated, goods left behind on rented
premises which are stored in
5 accordance with section 386;
(b) in relation to a rooming house, goods
left behind in a rooming house, of
which a rooming house owner must
take reasonable care in accordance with
10 section 387;
(c) in relation to a caravan or caravan park,
goods left behind in a caravan, of which
a caravan park owner, caravan park
mortgagee, caravan owner or caravan
15 mortgagee must take reasonable care in
accordance with section 388.
Division 2--Personal documents left behind
380. What happens if personal documents are left behind
by a tenant or resident?
20 If a tenant or resident leaves behind personal
documents, the owner of premises--
(a) must take reasonable care of the personal
documents for a period of 28 days; and
(b) may remove but must not destroy or dispose
25 of the personal documents, except in
accordance with this Part; and
(c) must take reasonable steps to notify the
former tenant or resident as to when and
from where the documents may be collected;
30 and
(d) before the end of 7 days after commencing to
take reasonable care of the personal
documents under paragraph (a), cause a
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s. 381
Act No.
notice to be inserted in the prescribed form in
a newspaper circulating generally throughout
Victoria of the owner's intention to dispose
of the personal documents at the end of the
5 28 day period.
381. Disposal of personal documents after 28 days
(1) If personal documents have not been reclaimed by
a person who has a lawful right to the documents
by the end of the 28 day period referred to in
10 section 380(a), then at the end of that period, the
owner of premises may dispose of the personal
documents.
(2) Nothing in this section affects the operation of any
other Act or law affecting the destruction or
15 disposition of the documents.
(3) An owner of premises may recover the costs of
removal, taking reasonable care and notification in
relation to personal documents from the
Residential Tenancies Fund.
20 382. Reclaiming personal documents before disposal
(1) A person who has a lawful right to the personal
documents may reclaim the personal documents
left behind at any time before they are disposed of
in accordance with section 381 if he or she pays
25 the owner of premises the reasonable costs in
relation to the notification of the former tenant or
resident and the removal and taking reasonable
care of those documents.
(2) If a person who has a lawful right to personal
30 documents reclaims the documents and pays the
costs set out in sub-section (1), the owner of
premises must not refuse to give the documents to
that person.
Penalty: 20 penalty units.
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s. 383
Act No.
Division 3--Goods left behind
383. Application of Division
This Division does not apply to personal
documents.
5 384. Disposal of certain goods left behind
(1) If goods have been left behind, the owner of
premises may remove and destroy or dispose of
the goods if--
(a) they are of no monetary value; or
10 (b) they are perishable foodstuffs; or
(c) they are dangerous.
(2) If goods of monetary value have been left behind,
the owner of premises may remove and destroy or
dispose of the goods if the total estimated cost of
15 the removal, storage and sale of all those goods
combined is greater than the total monetary value
of all those goods combined.
385. Request to Director to state whether goods can be
removed and destroyed or disposed of
20 An owner of premises may request the Director in
writing to give an opinion as to whether or not
particular goods are goods which may be removed
and destroyed or disposed of under section 384.
386. What must a landlord do about goods which are left
25 behind?
(1) A former landlord must store goods (other than
goods which may be removed and destroyed or
disposed of under section 384) which are left
behind on the premises in a safe place and manner
30 for not less than 28 days.
(2) Before the end of 7 days after goods are stored
under sub-section (1), the former landlord--
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s. 387
Act No.
(a) if the former tenant has given a forwarding
address, must send a notice to the former
tenant in the prescribed form at that address;
or
5 (b) if the former tenant has not given a
forwarding address, must cause notice in the
prescribed form to be inserted in a
newspaper circulating generally throughout
Victoria.
10 387. What must a rooming house owner do about goods
left behind?
A rooming housing owner must--
(a) take reasonable care of any goods (other than
goods which may be removed and destroyed
15 or disposed of under section 384) left behind
when a resident vacates a room; and
(b) take reasonable steps to notify a former
resident as to when and from where the
goods can be collected.
20 388. What must a caravan park owner etc. do about goods
left behind?
A caravan park owner, caravan park mortgagee,
caravan owner or caravan mortgagee who takes
possession of a caravan vacated by a resident
25 must--
(a) take reasonable care of any goods (other than
goods which may be removed and destroyed
or disposed of under section 384) left behind
when the resident vacates the caravan; and
30 (b) take reasonable steps to notify the former
resident as to when and from where the
goods left behind can be collected.
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s. 389
Act No.
389. Rightful owner may reclaim stored goods before sale
(1) A person who has a lawful right to stored goods
may reclaim those goods at any time before they
are sold if he or she pays the owner of premises
5 the reasonable costs incurred--
(a) in the case of a former landlord--
(i) in notifying the former tenant; and
(ii) in the removal and storage of the goods;
and
10 (iii) in organising the sale of the goods; or
(b) in the case of a rooming house owner,
caravan park owner, caravan park mortgagee,
caravan owner or caravan mortgagee--
(i) in notifying the former resident; and
15 (ii) in storing the goods; and
(iii) in organising the sale of the goods.
(2) If a person who has a lawful right to stored goods
pays the costs set out in sub-section (1), the owner
of premises must not refuse to give the goods to
20 that person.
Penalty: 10 penalty units.
390. What if a caravan owned by a resident is abandoned
on site?
If a caravan owned by a resident has been
25 abandoned and an abandonment order has been
made under section 301, the caravan park owner,
caravan owner, caravan park mortgagee or caravan
mortgagee may deal with the caravan in
accordance with this Part.
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s. 391
Act No.
391. Sale of stored goods
If stored goods left behind are not reclaimed
within 28 days after the date on which they
became stored goods, the owner of premises must
5 cause the goods to be sold by public auction as
soon as practicable.
392. Sale of stored goods by public auction to be advertised
The owner of premises must advertise the sale of
stored goods by public auction in the prescribed
10 form in a newspaper circulating generally
throughout Victoria at least 14 days before the
auction.
393. Entitlement to removal and storage costs
(1) If stored goods are sold by public auction within 8
15 weeks after the date on which they became stored
goods, the owner of premises is entitled to retain
out of the proceeds of sale--
(a) the reasonable costs incurred in--
(i) removing and storing the goods or
20 taking reasonable care of the goods (as
the case may be); and
(ii) trying to notify the former tenant or
resident; and
(iii) selling the goods; and
25 (b) any money owed to the owner of premises
under a Tribunal determination.
(2) An owner of premises must deal with any money
left over after any deductions under sub-section
(1) in accordance with Part 3 of the Unclaimed
30 Moneys Act 1962 as if the owner of premises
were a business to which that Part applies.
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s. 394
Act No.
(3) An owner of premises is not liable to anyone for
loss or damage caused as a result of the sale of
stored goods in accordance with this Part.
394. Purchaser takes good title
5 A purchaser of stored goods sold in accordance
with this Part has good title unless he or she has
notice of--
(a) a defect in title or want of title in the former
tenant or former resident; or
10 (b) a failure of the owner of premises to comply
with this Part in relation to the sale of the
goods.
Division 4--Orders of Tribunal
395. What if proceeds of sale are not sufficient to cover
15 costs?
(1) If the proceeds of sale of stored goods are not
sufficient to cover the owner of premises'
reasonable costs of removal, storage, notification
and sale, the owner of premises may apply to the
20 Tribunal for compensation.
(2) An application under this section must be made
within 6 months after the date of termination of
the tenancy agreement or residency right.
In this section "stored goods" includes goods stored in reliance
25 on a written statement of the Director under
section 385 that in his or her opinion particular
goods are goods which may be removed and
destroyed or disposed of under section 384.
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s. 396
Act No.
396. What if goods or documents are disposed of in
contravention of this Part?
If an owner of premises destroys, disposes of or
sells a former tenant's or former resident's goods
5 or personal documents, otherwise than in
accordance with this Part, the former tenant,
former resident or a person who has a lawful right
to those goods or documents may apply to the
Tribunal for compensation.
10 397. What if goods or documents are wrongfully retained?
If an owner of premises wrongfully retains and
refuses to give up goods or personal documents
left behind, the former tenant, former resident or a
person who has a lawful right to those goods or
15 documents may apply to the Tribunal for an order
for the return of the goods or personal documents
or for compensation or both.
398. What if goods or documents are damaged or lost?
If the owner of premises wilfully or recklessly
20 damages or loses stored goods or personal
documents, a former tenant, former resident or a
person who has a lawful right to those goods or
documents may apply to the Tribunal for
compensation.
25 399. What if stored goods have been sold in accordance
with this Part?
If an owner of premises has sold a former tenant's
or former resident's stored goods in accordance
with this Part, the former tenant, former resident
30 or a person who has a lawful right to those goods
is not entitled to the return of the goods but may
apply to the Tribunal for a declaration that the
money dealt with in accordance with Part 3 of the
Unclaimed Moneys Act 1962 should be paid to
35 that person.
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s. 400
Act No.
400. What if personal documents are disposed of in
accordance with section 381?
(1) If the owner of premises has disposed of personal
documents in accordance with section 381, the
5 owner of premises may apply to the Tribunal for
compensation for the costs of removal, taking
reasonable care of the documents and notification
in relation to those documents.
(2) An application under this section must be made
10 within 6 months after the date of termination of
the tenancy agreement or residency right.
401. What orders can the Tribunal make?
On an application under this Division, the
Tribunal may--
15 (a) in the case of an application under section
395, 396, 398 or 400, make an order for
compensation; or
(b) in the case of an application under section
397--
20 (i) make an order for the return of the
goods or personal documents; or
(ii) make an order for compensation; or
(iii) make an order for both compensation
and the return of the goods or personal
25 documents; or
(c) in the case of an application under section
399, make a declaration in accordance with
that section; or
(d) dismiss the application.
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s. 402
Act No.
402. Payment of compensation to owner who relies on
Director's statement
(1) The Tribunal may make an order for
compensation to be paid to an owner of premises
5 if--
(a) the Tribunal is satisfied that the owner of
premises has relied on the Director's
statement of opinion under section 385; and
(b) the owner of premises has removed,
10 destroyed or disposed of the goods left
behind; and
(c) the owner of premises is subsequently found
liable to the owner of the goods left behind.
(2) The compensation must be for an amount equal to
15 the amount for which the owner of premises is
found liable together with reasonable costs in
relation to the action.
403. When is compensation payable out of the Residential
Tenancies Fund?
20 Compensation in respect of the following orders
must be paid from the Residential Tenancies
Fund--
(a) an order under section 401 in respect of an
application under section 395 or 400; or
25 (b) an order under section 402.
_______________
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s. 404
Act No.
PART 10--BONDS AND THE RESIDENTIAL TENANCIES
BOND AUTHORITY
Division 1--Interpretation
404. Definitions
5 In this Part--
"bond" in Divisions 3 and 4, includes an amount
or the total of the amounts (if any) which are
required to be added to the bond pursuant to
section 439;
10 "landlord" includes--
(a) rooming house owner;
(b) caravan park owner;
(c) caravan owner;
(d) in Divisions 3 and 4, former landlord;
15 (e) agent of a landlord or a person referred
to in paragraphs (a) to (d);
"rent" includes hiring charge;
"rented premises" includes room, site and
caravan;
20 "tenancy agreement" includes residency right;
"tenant" includes--
(a) resident; and
(b) in Divisions 3 and 4, former tenant and
former resident.
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Division 2--Payment of bonds to Residential Tenancies
Bond Authority
405. Bond lodgement form
(1) A landlord who receives a bond from a tenant
5 must at the time the bond is paid--
(a) complete and sign a bond lodgment form
containing the prescribed information; and
(b) give the form to the tenant to sign.
Penalty: 5 penalty units.
10 (2) If the Director of Housing or an agent of the
Director of Housing has paid the bond on behalf
of the tenant, the bond lodgment form must state
that fact.
(3) The tenant must sign the completed bond
15 lodgment form on payment of the bond.
(4) On the signing by the tenant of the bond lodgment
form, the landlord must give a copy of that form to
the tenant.
406. Duty to pay bond to Authority
20 If a landlord receives a bond from a tenant, the
landlord must, before the end of the fifth business
day after the bond is received, give the amount of
the bond to the Authority together with the
completed bond lodgment form.
25 Penalty: 10 penalty units.
407. Receipt for bond
(1) The Authority, within 7 days after receiving an
amount of the bond from a landlord, must give a
receipt containing the prescribed information to--
30 (a) the landlord; and
(b) the tenant who paid the bond; and
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(c) if the bond was paid on behalf of the tenant
by the Director of Housing or an agent of the
Director of Housing, the Director of
Housing.
5 (2) The receipt may be given in the manner
determined by the Authority.
408. Bond held on trust
A landlord who receives a bond from a tenant
holds the bond on trust for the tenant until the
10 bond is paid to the Authority.
409. What if the landlord is late in lodging the bond?
(1) A tenant may notify the Authority if the tenant
does not receive a receipt from the Authority
within 14 days after giving the amount of bond to
15 the landlord.
(2) If the landlord gives an amount of bond to the
Authority after the tenant notifies the Authority
under sub-section (1) in respect of that bond, the
amount of bond is deemed for the purposes of this
20 Part to be lodged on the date that the notice is
given.
410. Payment of bond into Residential Bonds Account
The Authority must pay all money it receives
under this Division into the Residential Bonds
25 Account.
Division 3--Payment out of bonds
411. Payment out of bonds
The Authority must not pay out an amount of
bond under this Part except--
30 (a) in accordance with an application for a
refund made by the landlord and the tenant;
or
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(b) in accordance with a determination of the
Tribunal; or
(c) in accordance with an order of a court.
412. Payment out by agreement
5 (1) The Authority must pay an amount of bond in
accordance with an application under this section.
(2) A landlord and a tenant may apply jointly to the
Authority for a refund of the bond paid in respect
of a tenancy agreement.
10 (3) The application must be made in the form and
manner approved by the Minister.
(4) The application may request that the bond be
apportioned between the landlord and the tenant.
(5) If the bond or part of the bond is to be paid to the
15 landlord, the application must be signed by the
tenant not earlier than 7 days before the
termination date in respect of the tenancy
agreement.
(6) This section does not apply if the bond was paid
20 on behalf of a tenant by the Director of Housing or
an agent of the Director of Housing.
413. Payment to Director of Housing by agreement
(1) The Authority must pay an amount of bond to the
Director of Housing if the landlord and tenant
25 under the tenancy agreement in respect of which
the bond was paid apply jointly to the Authority
for payment of that amount to the Director of
Housing.
(2) The application must be made in a form and
30 manner approved by the Minister.
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414. Application to Registrar by landlord
(1) A landlord may apply to the Registrar under this
section if--
(a) the tenant has delivered up vacant possession
5 of, or abandoned the rented premises; and
(b) an amount of rent has accrued due and is
unpaid; and
(c) after making all reasonable inquiries, the
current address of the tenant is unknown to
10 the landlord.
(2) The application must--
(a) be lodged in the prescribed manner; and
(b) be verified by affidavit; and
(c) request the making of a determination of the
15 amount of rent owing to the landlord by the
tenant; and
(d) request the making of a determination
directing the Authority to pay out an amount
of bond to or on account of the landlord in
20 respect of the rent owing; and
(e) set out--
(i) the name and address of the landlord;
and
(ii) the name of the tenant; and
25 (iii) the details of the rent owing at the date
of the affidavit; and
(iv) details of the inquiries made by the
landlord as to the whereabouts of the
tenant; and
30 (v) whether the bond was paid on behalf of
the tenant by the Director of Housing;
and
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(vi) any other prescribed information; and
(f) be accompanied by the prescribed fee (if
any).
(3) An application under this section must be made
5 within 14 days after the premises are vacated or
abandoned.
415. Determination by Registrar
(1) If an application is made under section 414, and
the Registrar is satisfied that the determinations
10 should be made, the Registrar must--
(a) make a determination of the amount of rent
owing to the landlord by the tenant at the
date of the landlord's affidavit; and
(b) make a determination directing the Authority
15 to pay out an amount of bond to or on
account of the landlord in respect of the rent
owing.
(2) The Registrar must not make a determination
under this section if either the landlord or tenant
20 has applied to the Tribunal for a determination
directing the payment out of an amount of bond.
(3) A determination under this section must--
(a) be in writing; and
(b) be signed by the Registrar or authorised by
25 the Registrar in the prescribed manner.
(4) A determination of the Registrar under this section
is deemed to be a determination of the Tribunal.
(5) The production in proceedings of a document
purporting to be a copy of a determination made
30 by the Registrar and signed or authorised by the
Registrar is conclusive evidence of the making
and existence of the determination.
416. Application to Tribunal by tenant
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(1) A tenant may apply to the Tribunal for a
determination directing the Authority to pay out
an amount of bond to or on account of the tenant
if the tenant is unable to obtain the landlord's
5 agreement to make an application to the Authority
for a refund.
(2) The Tribunal cannot determine an application
under this section until the tenant has vacated the
rented premises.
10 (3) An application may be made under this section by
the Director of Housing instead of the tenant if the
bond was paid on behalf of a tenant by the
Director of Housing or an agent of the Director of
Housing.
15 417. Application to Tribunal by landlord
(1) A landlord may apply to the Tribunal for a
determination directing the Authority to pay an
amount of bond to or on account of the landlord
if--
20 (a) the landlord is unable to obtain the tenant's
agreement to make an application to the
Authority for a refund; and
(b) the landlord considers that the landlord is
entitled under section 418 or 419 to a refund
25 of that amount of bond.
(2) An application under this section must be made
within 14 days after--
(a) the tenant delivers up vacant possession of
the rented premises; or
30 (b) the landlord becomes aware that the tenant
has abandoned the rented premises.
418. Application by landlord where rent unpaid
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A landlord may apply to the Tribunal under
section 417 if--
(a) the tenant has delivered up vacant possession
of, or abandoned, the rented premises; and
5 (b) an amount of rent has accrued due and is
unpaid.
419. Application by landlord on other grounds
(1) A landlord may apply to the Tribunal under
section 417 if the landlord believes that the
10 landlord is entitled to an amount of bond as
compensation for loss or damage suffered by the
landlord on account of any one or more of the
following--
(a) damage caused to the rented premises or
15 common areas by the tenant or the tenant's
visitor, other than fair wear and tear;
(b) any act or omission of the tenant or the
tenant's visitor, other than fair wear and tear,
that occasioned the loss of goods belonging
20 to the landlord;
(c) the failure by the tenant to keep the rented
premises in a reasonably clean condition, fair
wear and tear excepted;
(d) the abandonment of the rented premises by
25 the tenant;
(e) the liability of the landlord for