RESIDENTIAL TENANCIES ACT 1987 - As at 31 January 2011 - Act 26 of 1987
- As at 31 January 2011 - Act 26 of 1987Table 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
- 8 Standard form of residential tenancy agreement
- 9 Agreements to be in standard form
- 9A Extension of terms in standard form to existing social housing tenancy agreements
- 10 Additional terms
- 11 Terms in Act to prevail
- 12 Costs of preparation etc of residential tenancy agreement
- 13 Certain unexecuted residential tenancy agreements enforceable
- 14 Continuation of fixed term agreements
- 14A Special provisions relating to social housing tenancies
- 15 Parties to minimise loss from breach of residential tenancy agreement
- 16 Applications relating to a breach of residential tenancy agreement
PART 3 - LANDLORDS AND TENANTS
Division 1 - Rights and obligations
- 17 Landlord to give tenant copy of residential tenancy agreement
- 18 Payment of rent
- 19 Landlord to pay council and water rates, land tax etc
- 19A Social housing tenants to pay water charges
- 19B Payment of debts by social housing tenants
- 20 Legal impediments to occupation as residence
- 21 Vacant possession
- 22 Tenant's right to quiet enjoyment
- 23 Use of premises by tenant
- 24 Landlord's access to residential premises
- 25 Landlord's responsibility for cleanliness and repairs
- 26 Cleanliness, notification of damage to residential premises etc
- 27 Alterations, additions etc to residential premises
- 28 Urgent repairs
- 29 Locks and other security devices
- 29A Smoke alarms
- 30 Tenant's liability for actions of others
- 31 Certain tenants may appoint agent
- 32 Changes of name or address
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
- 35A Acceptable behaviour agreements for public housing tenants 35B, 35C. (Repealed)
PART 4 - RENTS
Division 1 - General matters
- 36 Reservation fees
- 37 Nature of amounts to be paid for agreement
- 38 Rent in advance
- 39 Post-dated cheques
- 40 Rent receipts
- 41 Rent records
- 42 Penalty rent terms
- 43 Premium rent terms
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
- 53 Termination of residential tenancy agreements
- 54 Apportionment and recovery of rent on termination
- 55 Breach or notice of termination not waived by acceptance of rent
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
- 63A Operation of Division
- 63B Notice of termination may be given on ground that tenant not eligible for social housing
- 63C Eligibility assessments of social housing tenants
- 63D Review of decision to give notice on ground that tenant not eligible for social housing
- 63E Time periods to be observed in giving notice of termination on ground that tenant not eligible for social housing
- 63F Notice of termination may be given on ground that tenant offered alternative social housing premises
- 63G Review of decision to give notice on ground that tenant offered alternative social housing premises
- 63H Time periods to be observed in giving notice of termination on ground that tenant offered alternative social housing premises
- 63I Notice of termination of public housing tenancy agreement--acceptable behaviour agreements
Division 3 - Termination of residential tenancy agreements by Tribunal
- 64 Application to Tribunal by landlord for termination and order for possession
- 65 Suspension or refusal of orders for termination
- 66 Tribunal may waive defect in notices
- 67 Notice of termination not required in certain cases
- 68 Tribunal may terminate residential tenancy agreement where tenant causes serious damage or injury
- 68A Tribunal may terminate public housing tenancy agreement for threat, abuse, intimidation or harassment
- 69 Tribunal may terminate residential tenancy agreement where landlord would otherwise suffer undue hardship
- 69A Tribunal may terminate residential tenancy agreement where tenant would otherwise suffer undue hardship
- 70 Tribunal may terminate residential tenancy agreement for breach
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
- 77 Abandoned premises
- 78 Right of landlord to compensation where tenant abandons premises
- 79 Goods abandoned by tenant after residential tenancy agreement is terminated
- 79A Goods left by tenant, but not abandoned, after residential tenancy agreement is terminated
- 79B Time within which application under section 79 or 79A to be made
PART 6 - POWERS OF TRIBUNAL AND TENANCY COMMISSIONER
Division 1 - (Repealed)
NoneDivision 2 - Powers of Tribunal
Division 3 - Powers of Tenancy Commissioner
86-94. (Repealed)- 95 Tenancy Commissioner may represent tenant
- 96 Tenancy Commissioner may take or defend proceedings
- 97 Conduct of proceedings by Tenancy Commissioner
- 98 Intervention by Tenancy Commissioner 99-117. (Repealed)
PART 7 - ADMINISTRATION
- 117A Tenancy Commissioner
- 117B Staff
- 118 Functions of Tenancy Commissioner
- 119 Delegation by Tenancy Commissioner
- 119A Office and identification of investigator
- 119B Power of investigator to obtain information, documents and evidence
- 119C Inspection of documents by Tenancy Commissioner and others
- 119D Exclusion of personal liability
- 119E Annual report
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)
- SCHEDULE 2 Schedule 3 (Repealed)
- SCHEDULE 4