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RESIDENTIAL TENANCIES ACT 1987 - As at 31 January 2011 - Act 26 of 1987

- As at 31 January 2011 - Act 26 of 1987

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Name of Act
  • 2 Commencement
  • 3 Definitions
  • 4 Crown bound
  • 5 Application of Act
  • 6 Agreements and premises to which Act does not apply
  • 7 Application of Act to moveable dwellings, residential parks and holiday parks

PART 2 - RESIDENTIAL TENANCY AGREEMENTS

PART 3 - LANDLORDS AND TENANTS

Division 1 - Rights and obligations

Division 2 - Change of landlord or tenant

  • 33 Right to assign rights or sub-let
  • 34 Attornment (ie acknowledgement of purchaser as landlord)
  • 35 Recognition of certain persons as tenants

Division 3 - Acceptable behaviour agreements

PART 4 - RENTS

Division 1 - General matters

Division 2 - Rent increases and excessive rents

  • 44 Application of Division
  • 45 Increase of rent
  • 45A Tenant may apply for refund of overpaid rent
  • 46 Tenant may apply for an order that a rent increase is excessive
  • 47 Tenant may apply for an order that rent is excessive
  • 47A Social housing tenant may apply for an order that rent is excessive
  • 48 Matters to be considered in determining rent applications
  • 49 Orders as to excessive rent increases or rents
  • 50 Payments under separate agreements
  • 51 Interim orders suspending rent increases or rent
  • 52 Contravention of rent order

PART 5 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS

Division 1 - Termination generally

Division 2 - Notices of termination

  • 56 Notice of termination on ground that premises are being sold
  • 57 Notice of termination on ground of breach of agreement
  • 57A (Renumbered)
  • 58 Notice of termination by landlord without any ground
  • 59 Notice of termination by tenant without any ground
  • 60 Notice of termination of fixed term agreement without any ground
  • 61 Notice of termination where agreement frustrated
  • 62 Effect of notice of termination of periodic tenancy
  • 63 Form of notice of termination

Division 2A - Special provisions relating to social housing tenancy agreements

Division 3 - Termination of residential tenancy agreements by Tribunal

Division 4 - Recovery of possession of residential premises

  • 71 Prohibition on certain recovery proceedings in courts
  • 71A Mortgagee repossessions of rented properties
  • 72 Recovery of possession of residential premises prohibited except by order
  • 73 Enforcement of orders for possession
  • 74 Liability of tenant remaining in possession
  • 75 Notice of proposed recovery of premises by person with superior title
  • 76 Order for tenancy against person with superior title

Division 5 - Abandoned premises and goods

PART 6 - POWERS OF TRIBUNAL AND TENANCY COMMISSIONER

Division 1 - (Repealed)

None

Division 2 - Powers of Tribunal

Division 3 - Powers of Tenancy Commissioner

86-94. (Repealed)

PART 7 - ADMINISTRATION

PART 8 - MISCELLANEOUS

  • 120 Contracting out prohibited
  • 120A Costs in court proceedings
  • 121 Disclosure of information
  • 122, 123. (Repealed)
  • 124 Evidence and proceedings for offences
  • 125 Offences and penalties
  • 126 Contracts Review Act 1980
  • 127 Offences by corporations
  • 128 Offences against this Act
  • 129. (Repealed)
  • 130 Service of documents
  • 131. (Repealed)
  • 132 Exemptions
  • 133 Regulations
  • 134 Repeal of Act No 60, 1986
  • 135, 136. (Repealed)
  • 137 Savings, transitional and other provisions
  • Schedule 1 (Repealed)

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