Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
4 Application of Act
This Act does not apply in relation to—
(a) a retirement village containing a complex of residential premises (whether or not including hostel units) established mainly for occupation by people who are at least 55 years old under a scheme in which a person makes a payment (including a gift) to the entity administering the scheme in consideration for being admitted as a resident of the complex; or
(b) a nursing home or hostel for aged or disabled people conducted by an eligible organisation under the Aged or Disabled Persons Care Act 1954 (Cwlth); or
(c) premises prescribed under the regulations.
Note 1 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).
Note 2 The Aged or Disabled Persons Care Act 1954 (Cwlth) is available at scaleplus.law.gov.au
Part 1A Meaning of residential tenancy agreement
5 Who is a lessor ?
(1) A person is a lessor if the person grants a right of occupation under a residential tenancy agreement.
(2) "Lessor" includes a prospective lessor.
6 Who is a tenant ?
(1) A person is a tenant if the person has a right of occupation under a residential tenancy agreement.
(2) "Tenant" includes a prospective tenant.
6A What is a residential tenancy agreement ?
(1) An agreement is a residential tenancy agreement if, under the agreement—
(a) a person gives someone else (the tenant ) a right to occupy stated premises; and
(b) the premises are for the tenant to use as a home (whether or not together with other people); and
(c) the right is given for value.
(2) The agreement may be—
(a) express or implied; or
(b) in writing, oral, or partly in writing and partly oral.
(3) The right to occupy may be—
(a) exclusive or not exclusive; and
(b) given with a right to use facilities, furniture or goods.
(4) This section is subject to the following sections:
• section 6D (Certain kinds of agreements not residential tenancy agreements)
• section 6E (Certain people given right of occupation not tenants)
• section 6F (Certain kinds of premises mean no residential tenancy agreement).
6B Residential tenancy agreement if agreement written and says it is residential tenancy agreement
Despite section 6A (4), an agreement is a residential tenancy agreement if it—
(a) complies with section 6A (1) to (3); and
(b) is in writing; and
(c) expressly states that it is a residential tenancy agreement.
6C Residential tenancy agreement if agreement part of employment
Despite section 6A (4), an agreement mentioned in section 6A (1) to (3) is a residential tenancy agreement if the person who is given the right to occupy the premises occupies the premises as the person's home under the terms and conditions of the person's employment.
6D Certain kinds of agreements not residential tenancy agreements
(1) A residential tenancy agreement does not include an agreement—
(a) arising under a mortgage entered into honestly in relation to the premises; or
(b) arising under a scheme if—
(i) a group of adjacent premises is owned by a company; and
(ii) the tenants who have rights to occupy the adjacent premises are people who jointly have a controlling interest in the company; or
(c) entered into honestly to provide a right to occupy the premises for a holiday; or
(d) prescribed under the regulations.
(2) This section is subject to the following sections:
• section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement)
• section 6C (Residential tenancy agreement if agreement part of employment).
6E Certain people given right of occupation not tenants
(1) A residential tenancy agreement does not include an agreement for the right to occupy premises if the person given the right of occupation is—
(a) a party to an agreement entered into honestly for the sale or purchase of the premises; or
(b) a boarder or lodger; or
(c) a person prescribed under the regulations.
(2) This section is subject to the following sections:
• section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement)
• section 6C (Residential tenancy agreement if agreement part of employment).
6F Certain kinds of premises mean no residential tenancy agreement
(1) A residential tenancy agreement does not include an agreement for the right to occupy premises if the premises are—
(a) a caravan or mobile home in a mobile home park; or
(b) a hotel or motel; or
(c) used for a club; or
(d) on the campus of an educational institution; or
(e) prescribed under the regulations.
Note This Act does not apply to retirement villages, nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4).
(2) This section is subject to the following sections:
• section 6B (Residential tenancy agreement if agreement written and says it is residential tenancy agreement)
• section 6C (Residential tenancy agreement if agreement part of employment).
7 When does residential tenancy agreement start?
A residential tenancy agreement starts on the earliest of the following days:
(a) the day stated in the agreement;
(b) the 1st day both parties have signed the agreement and received a copy signed by the other;
(c) the day the tenant takes possession of the premises;
(d) the 1st day the lessor receives rent from the tenant.
Part 2 Residential tenancy agreements
Division 2.1 Terms of agreement
8 Standard residential tenancy terms
A residential tenancy agreement—
(a) must contain, and is taken to contain, terms to the effect of the standard residential tenancy terms mentioned in schedule 1; and
(b) may contain any other term—
(i) that is consistent with the standard residential tenancy terms; or
(ii) that is inconsistent with a standard residential tenancy term if the term has been endorsed by the tribunal under section 10.
9 Inconsistent terms void
(1) A term of a residential tenancy agreement is void if—
(a) it is inconsistent with a standard residential tenancy term; and
(b) it has not been endorsed by the tribunal under section 10.
(2) A term of a residential tenancy agreement is void if it is inconsistent with this Act ( other than a standard residential tenancy term) .
10 Endorsement of inconsistent terms by tribunal
(1) The parties to a residential tenancy agreement may apply in writing to the tribunal for endorsement of a term of the agreement (the inconsistent term ) that is inconsistent with a standard residential tenancy term.
(2) If the parties apply for endorsement of the inconsistent term, the tribunal must do 1 of the following:
(a) endorse the inconsistent term;
(b) substitute the equivalent standard residential tenancy term for the inconsistent term.
(3) In making a decision under subsection (2), the tribunal must consider—
(a) the criteria determined under subsection (5); and
(b) whether the inclusion of the inconsistent term in the residential tenancy agreement was obtained by fraud or undue influence.
(4) The tribunal must not endorse a term that is inconsistent with this Act (other than a standard residential tenancy term).
(5) The Minister may determine criteria for subsection (3) (a).
(6) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.