RESIDENTIAL TENANCIES ACT 1987
RESIDENTIAL TENANCIES ACT 1987
TABLE OF PROVISIONS
Long Title
PART I -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Position of Crown
5. Application of Act
6. Modification of application of Act by regulation
7. Transitional provisions relating to commencement of this Act
PART II -- Administration
7A. Commissioner
8. Functions of Commissioner
9. Commissioner may institute or defend proceedings for party
10. Delegation by Commissioner
11. Protection of officers
11A. Information officially obtained to be confidential
11B. Powers of investigation
PART III -- Determination of disputes
12. Terms used
12A. Jurisdiction over prescribed disputes
13. Jurisdiction over other disputes
13A. Magistrates Court’s jurisdiction
13B. Appeals from decisions of registrar
14. Time for determination of proceedings
15. Applications for relief and orders that may be made
16. Enforcement
17A. Disputes between tenants
17B. Determination of rights and liabilities after termination of tenant’s interest on grounds of family violence
17. Application to vary or set aside order
18. Form of applications and notice of hearing
19. Witnesses and inspection of documents
20. General powers in proceedings
21. Evidence
22. Presentation of cases
23. Settlement by conciliation
24. Costs
25. Reservation of question of law
26. Finality of proceedings
PART IV -- Residential tenancy agreements
Division 1A -- Form of residential tenancy agreement and associated documents
27A. Written residential tenancy agreement to be in prescribed form
27B. Information to be given to tenant by lessor
27C. Property condition report at start and end of tenancy
Division 1 -- Rent and security bonds
27. Restriction on consideration for tenancy agreement
28. Rent in advance
29. Security bonds
30. Variation of rent (except where calculated by reference to tenant’s income)
31A. Variation of rent where calculated by reference to tenant’s income
31B. Increase in rent after renegotiating lease
31. Increase in security bond
32. Limitation of excessive rents in certain circumstances
33. Duty to give receipt for rent
34A. Manner of payment of rent
34. Proper records of rent to be kept
35. Payment of rent by post-dated cheques etc. prohibited
36. Apportionment of rent
Division 2 -- Standard terms
38. Tenant’s responsibility for cleanliness and damage
39. Tenant’s conduct on premises
40. Vacant possession
41. Legal impediments to occupation as residence
42. Lessor’s responsibility for cleanliness and repairs
43. Urgent repairs
44. Quiet enjoyment
45. Securing premises
46. Lessor’s right of entry
47. Right of tenant to affix and remove fixtures etc.
48. Lessor to bear outgoings in respect of premises
49A. Lessor’s and tenant’s responsibilities in respect of public utility services
49. Right of tenant to assign or sub-let
50. Vicarious responsibility of tenant for breach by other person lawfully on premises
Division 3 -- General
51. Tenant to be notified of lessor’s name and address
52. Failure to pay rent with intention it be recovered from security bond
53. Tenant’s name, place of employment and forwarding address
54. Lessor to deliver copy of agreement to tenant
55. Cost of written agreement to be borne by lessor
56. Discrimination against tenants with children
56A. Discrimination against tenants subjected or exposed to family violence
57. Accelerated rent and liquidated damages prohibited
58. Duty of mitigation
59A. Minors
59B. Death of one of 2 or more tenants
59C. Recognition of certain persons as tenants
59D. Tenant compensation bonds
59E. Interference with quiet enjoyment
59F. Offences relating to security of residential premises
PART V -- Termination of residential tenancy agreements
Division 1 -- How residential tenancy agreements are terminated
60. How residential tenancy agreements and tenant’s interests in agreements are terminated
Division 2 -- Notices of termination
61. Form of notice of termination by lessor
62. Notice of termination by lessor upon ground of breach of term of agreement
63. Notice of termination by lessor who has entered into contract of sale
64. Notice of termination by lessor without any ground
65. Termination by lessor where s. 32 invoked
66. Notice by lessor not waived by acceptance of rent
67. Form of notice of termination by tenant
68. Notice of termination by tenant
69. Notice of termination by lessor or tenant where agreement frustrated
70A. Notice of termination by lessor or tenant at end of fixed term tenancy
70. Effect of notice of termination of periodic tenancy
Division 2A -- Special provisions about terminating tenant’s interest on grounds of family violence
71AA. Terms used
71AB. Notice of termination of tenant’s interest on ground that tenant subject to family violence
71AC. Review of notice of termination under s. 71AB
71AD. Rights of co-tenants after notice under s. 71AB
71AE. Termination of tenant’s interest by court on grounds of family violence
71AF. Review of Division
Division 3 -- Special provisions about terminating social housing tenancy agreements
Subdivision 1 -- Preliminary
71A. Terms used
71B. Application of Division
Subdivision 2 -- Notice of termination where tenant not eligible for social housing premises
71C. Notice of termination by lessor on ground that tenant not eligible for social housing premises
71D. Assessment of tenants eligibility for social housing premises
71E. Criteria for assessing eligibility of tenants for social housing premises under s. 71D
71F. Review of decision to give notice on ground that tenant not eligible for social housing premises
71G. Time periods to be observed where notice of termination given under this Subdivision
Subdivision 3 -- Notice of termination where tenant offered alternative social housing premises
71H. Notice of termination by lessor where tenant offered alternative social housing premises
71I. Review of decision to give notice on ground that tenant offered alternative social housing premises
71J. Time periods to be observed where notice of termination given under this Subdivision
Division 4 -- Orders for termination of residential tenancy agreement
71. Application by lessor for termination and order for possession
72. Application for termination and order for possession in relation to fixed term agreements
73A. Notice of termination not required in certain cases
73. Termination of agreement where tenant causing serious damage or injury
74. Termination of agreement where lessor or tenant would otherwise suffer undue hardship
75A. Termination of social housing tenancy agreement due to objectionable behaviour
75. Termination of agreement for breach by lessor
76A. Termination of agreement by lessor if premises abandoned
76B. Dispute about s. 76A notice
Division 5 -- General
76C. Fixed term tenancies continued as periodic tenancies
76. Compensation to lessor for holding over
77. Abandonment of premises
78A. Order about abandonment
78B. Review of abandonment order
78. Right of lessor to compensation where tenant abandons premises
79. Abandoned goods
80A. Abandoned documents
80. Recovery of possession of premises prohibited except by court order
81A. Mortgagee repossessions of rented properties
81B. Notice of proposed recovery of premises by person with superior title
81. Order for tenancy against person with superior title
PART VIA -- Residential tenancy databases
Division 1 -- Preliminary
82A. Terms used
82B. Application of Part
Division 2 -- Tenancy database information
82C. Notice of usual use of database
82D. Notice of listing if database used
82E. Listing can be made only for particular breaches by particular persons
82F. Further restriction on listing
82G. Ensuring quality of listing -- lessor’s or agent’s obligation
82H. Ensuring quality of listing -- database operator’s obligation
82I. Providing copy of personal information listed
82J. Disputes about listings
82K. Keeping personal information listed
PART VI -- Miscellaneous
82. Contracting out
83. Recovery of amounts paid under mistake of law or fact
84. Exemption of tenancy agreement or premises from provision of Act
85. Service
86. Court may refer matter to Commissioner for investigation
87A. Defence where lessor and property manager are both charged with the same offence
87. Time for bringing proceedings
88A. Infringement notices
88B. Cross-examination of persons in proceedings involving family violence
88. Regulations
90. Review of Act
PART VII -- Savings and transitional provisions relating to the Residential Tenancies Amendment Act 2011
Division 1 -- Contracting out
91. Savings in relation to contracting out of standard terms
Division 2 -- Security bonds held in AFI
92. Terms used
93. All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months
94. Requirements for AFI holding security bonds
95. Power of Commissioner to obtain information relating to AFI security bond accounts
96. Disposal of security bond held in AFIs
Division 3 -- Residential tenancy databases
97. Application of Part VIA to listings existing before commencement day
PART 8 -- Transitional provision relating to the Consumer Protection Legislation Amendment Act 2019
98. Application of s. 49A to residential tenancy agreements and utility charges
SCHEDULE 1 -- Provisions relating to holding and disposal of bonds and income from bonds