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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies Amendment
(Olympic Games) Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Residential Tenancies Act 1987 No 26 2
Schedule 1 Amendments 3
b98-952e-p03.801
New South Wales
Residential Tenancies Amendment
(Olympic Games) Bill 1999
No , 1999
A Bill for
An Act to amend the Residential Tenancies Act 1987 in relation to rents for
residential premises during and around the time the Sydney Olympic Games are
being held; and for other purposes.
Clause 1 Residential Tenancies Amendment (Olympic Games) Bill 1999
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Residential Tenancies Amendment (Olympic Games) 3
Act 1999. 4
2 Commencement 5
This Act commences on the day occurring 2 months after the date of 6
assent, unless commenced sooner by proclamation. 7
3 Amendment of Residential Tenancies Act 1987 No 26 8
The Residential Tenancies Act 1987 is amended as set out in 9
Schedule 1. 10
Page 2
Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3) 3
[1] Section 5 Application of Act 4
5
Omit section 5 (1). Insert instead: 6
(1) This Act (except as provided by Schedule 5) applies to 7
residential tenancy agreements made after the 8
commencement of this section. 9
[2] Section 6 Agreements and premises to which Act does not apply 10
11
Omit section 6 (1) (e). Insert instead: 12
(e) if the agreement is made in good faith for the purpose 13
of giving a right to occupy residential premises for a 14
period of not more than 2 months for the purpose of 15
a holiday. 16
[3] Section 6 (2) (c) 17
18
Omit the paragraph. 19
[4] Section 6 (3) 20
21
Omit "(c),". 22
[5] Section 138 23
24
Insert after section 137: 25
138 Special provisions applying for period of Sydney Olympic 26
Games 27
(1) Schedule 5 has effect. 28
(2) The regulations may contain provisions of a savings or 29
transitional nature consequent on Schedule 5 ceasing to 30
have effect. 31
Page 3
Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
[6] Schedule 4 Savings, transitional and other provisions consequent 1
on enactment of amending legislation 2
3
Insert " Residential Tenancies Amendment (Olympic Games) Act 1999" 4
at the end of clause 1 (1). 5
[7] Schedule 5 6
7
Insert after Schedule 4: 8
9
10
Schedule 5 Special provisions applying for 11
period of Sydney Olympic Games 12
(Sections 5, 138) 13
Part 1 Preliminary 14
1 Definitions 15
In this Schedule, except in so far as the context or 16
subject-matter otherwise indicates or requires: 17
premises ordinarily the subject of a residential tenancy 18
agreement means premises, or any part of premises, which 19
have been the subject of a residential tenancy agreement at 20
any time during the 12 months prior to a new residential 21
tenancy agreement to which this Schedule applies being 22
entered into. 23
previous residential tenancy agreement means the last 24
residential tenancy agreement to which the premises were 25
subject. 26
Rent Report means the Rent and Sales Report NSW 27
published by the Department of Urban Affairs and Planning 28
(or another publication prescribed by the regulations). 29
Sydney Statistical Division means those government areas 30
defined by the Australian Bureau of Statistics as comprising 31
the Sydney Statistical Division, and includes local 32
government areas that may be included in the Sydney 33
Statistical Division after the commencement of this 34
Schedule. 35
Page 4
Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
2 Application of Schedule 1
(1) The provisions of this Schedule apply to: 2
(a) new residential tenancy agreements made: 3
(i) on or after 1 June 1999, and 4
(ii) before 1 January 2002 or such later date as 5
may be prescribed by the regulations, and 6
(iii) for the occupation of residential premises 7
situated within the Sydney Statistical Division 8
or such other geographical areas as may be 9
prescribed by the regulations, and 10
(b) existing residential tenancy agreements made before 11
1 June 1999 for the occupation of residential 12
premises situated within the Sydney Statistical 13
Division or such other geographical areas as may be 14
prescribed by the regulations. 15
(2) This Schedule ceases to have effect on 1 January 2002 or 16
such later date as may be prescribed by the regulations. 17
3 Certain sections not to apply 18
Sections 46, 48, 56, 57, 58 and 60 (and any other prescribed 19
provision of this Act) do not apply to a residential tenancy 20
agreement to which this Schedule applies. 21
Part 2 Setting of rents 22
4 Setting of rents 23
The rent payable under any residential tenancy agreement to 24
which this Schedule applies must be determined in 25
accordance with this Part. 26
5 Rent for premises ordinarily the subject of a residential 27
tenancy agreement 28
(1) The rent payable for occupation of premises ordinarily the 29
subject of a residential tenancy agreement must not exceed: 30
(a) the rent payable under the previous residential 31
tenancy agreement, or 32
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
(b) if the previous residential tenancy agreement was 1
terminated more than 3 months before the date on 2
which the residential tenancy agreement is made, the 3
rent payable under the previous residential tenancy 4
agreement adjusted to reflect changes in the 5
Consumer Price Index (All Groups--Sydney) since 6
the date the previous agreement was terminated. 7
(2) The landlord must, in accordance with the regulations, 8
certify the rent payable under the previous residential 9
tenancy agreement in the form prescribed by the regulations 10
at the commencement of the residential tenancy agreement. 11
6 Rents for premises not ordinarily the subject of a residential 12
tenancy agreement 13
(1) The landlord may have regard to the following factors when 14
determining the rent payable for occupation of premises not 15
ordinarily the subject of a residential tenancy agreement: 16
(a) the general market level of rents for comparable 17
premises in the locality or a similar locality, 18
(b) the value of the residential premises, 19
(c) the amount of any outgoings in respect of the 20
residential premises required to be borne by the 21
landlord under the proposed residential tenancy 22
agreement, 23
(d) the estimated cost of any services provided by the 24
landlord or the tenant under the proposed residential 25
tenancy agreement, 26
(e) the value and nature of any fittings, appliances or 27
other goods, services or facilities provided with the 28
residential premises, 29
(f) the accommodation and amenities provided in the 30
residential premises and the state of repair and 31
general condition of the premises, 32
(g) any work done to the premises by or on behalf of the 33
tenant, to which the landlord has consented, 34
(h) data published in the Rent Report, 35
(i) any other relevant matter. 36
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
(2) The landlord must, in accordance with the regulations, 1
certify at the commencement of the tenancy that regard has 2
been had to the factors specified in subclause (1) when 3
determining the rent for premises. This certification must be 4
in the form prescribed by the regulations. 5
7 Power of Tribunal to determine rents 6
(1) A tenant who has entered into a residential tenancy 7
agreement for occupation of premises not ordinarily the 8
subject of a residential tenancy agreement may apply to the 9
Tribunal for an order that the rent for the premises is 10
excessive. 11
(2) The tenant may make an application to the Tribunal under 12
this clause not later than 90 days after the date that the 13
residential tenancy agreement was made. 14
(3) The Tribunal, in determining whether a rent payable under 15
a residential tenancy agreement is excessive, may have 16
regard to the following factors: 17
(a) the general market level of rents for comparable 18
premises in the locality or a similar locality, 19
(b) the value of the residential premises, 20
(c) the amount of any outgoings in respect of the 21
residential premises required to be borne by the 22
landlord under the residential tenancy agreement, 23
(d) the estimated cost of any services provided by the 24
landlord or the tenant under the residential tenancy 25
agreement, 26
(e) the value and nature of any fittings, appliances or 27
other goods, services or facilities provided with the 28
residential premises, 29
(f) the accommodation and amenities provided in the 30
residential premises and the state of repair and 31
general condition of the premises, 32
(g) any work done to the premises by or on behalf of the 33
tenant, to which the landlord has consented, 34
(h) data published in the Rent Report, 35
(i) any other relevant matter. 36
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
(4) In an application under this clause, the landlord bears the 1
onus of proof. 2
8 Orders as to excessive rents 3
(1) The Tribunal may, on application by a tenant under clause 4
7, and after considering any matters it considers appropriate 5
under clause 7 (3), make an order determining that a rent is 6
excessive. 7
(2) If the Tribunal determines that a rent is excessive, the 8
Tribunal may order that from a day specified by the 9
Tribunal, not being earlier than the commencement of the 10
residential tenancy agreement, the rent must not exceed an 11
amount specified by the Tribunal and may make such other 12
orders as it thinks fit. 13
Part 3 Rent increases 14
9 Frequency of rent increases 15
The rent payable under a residential tenancy agreement to 16
which this Schedule applies must not be increased more 17
than once in any 12-month period. 18
10 Method of calculating rent increases 19
(1) Except by order of the Tribunal, rents must not be increased 20
by more than the lesser of the following: 21
(a) the increase in the Consumer Price Index (All 22
Groups--Sydney) published by the Australian 23
Bureau of Statistics between the quarter immediately 24
preceding when the current rent was set and the 25
quarter immediately preceding the time when the 26
notice of the rent increase is served, or 27
(b) 20 per cent of the current rent. 28
(2) The regulations may contain provisions for the purpose of 29
giving effect to any of the provisions of subclause (1). 30
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
1
11 Power of Tribunal to determine amount of rent increase 2
(1) A landlord may apply to the Tribunal for an order that 3
permits a rent increase in excess of the increase permitted 4
under clause 10. 5
(2) The Tribunal may, in determining the amount of a rent 6
increase, have regard to the following factors: 7
(a) the general market level of rents for comparable 8
premises in the locality or a similar locality, 9
(b) the value of the residential premises, 10
(c) the amount of any outgoings in respect of the 11
residential premises required to be borne by the 12
landlord under the residential tenancy agreement, 13
(d) the estimated cost of any services provided by the 14
landlord or the tenant under the residential tenancy 15
agreement, 16
(e) the value and nature of any fittings, appliances or 17
other goods, services or facilities provided with the 18
residential premises, 19
(f) the accommodation and amenities provided in the 20
residential premises and the state of repair and 21
general condition of the premises, 22
(g) any work done to the premises by or on behalf of the 23
tenant, to which the landlord has consented, 24
(h) data published in the Rent Report, 25
(i) any other relevant matter. 26
(3) In an application under this clause, the landlord bears the 27
onus of proof. 28
12 Orders as to rent increases 29
(1) The Tribunal may, on application by a landlord under clause 30
11, and after considering any matters it considers 31
appropriate under clause 11 (2), make an order permitting a 32
rent increase in excess of that which would be permitted 33
under clause 10. 34
Page 9
Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
(2) The Tribunal must specify a day from which an order 1
permitting a rent increase in excess of that which would be 2
permitted under clause 10 takes effect. The day specified by 3
the Tribunal must not be earlier than 60 days after the day 4
of the Tribunal hearing. 5
Part 4 Termination 6
13 Notice of termination 7
(1) A landlord or tenant must not be given a notice of 8
termination of a residential tenancy agreement otherwise 9
than in accordance with this Part. 10
(2) A notice of termination may not be given under clause 14, 11
15 or 16 so as to terminate a residential tenancy agreement 12
during the currency of a fixed term. 13
14 Notice of termination where premises sold 14
(1) A landlord may give notice of termination of a residential 15
tenancy agreement to the tenant on the ground that the 16
landlord has (after entering into the agreement) entered into 17
a contract for the sale of the residential premises under 18
which the landlord is required to give vacant possession. 19
(2) The notice of termination must not specify a day earlier than 20
60 days after the day on which the notice is given as the day 21
on which vacant possession of the residential premises is to 22
be delivered up to the landlord. 23
15 Notice of termination by landlord for conversion, major 24
renovation, change of use or demolition of premises 25
(1) A landlord may give notice of termination of a residential 26
tenancy agreement to the tenant on the ground that the 27
landlord proposes: 28
(a) to carry out major renovations to the residential 29
premises that are not possible without vacant 30
possession, or 31
(b) to change the use of the residential premises to a 32
non-residential use, or 33
(c) to demolish the residential premises. 34
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
(2) The notice of termination must not be given unless the 1
landlord has obtained all approvals and consents (and any 2
other authorities) necessary to give effect to the proposal. 3
(3) The notice of termination must not specify a day earlier than 4
90 days after the day on which the notice is given on which 5
vacant possession of the residential premises is to be 6
delivered up to the landlord. 7
16 Notice of termination by landlord--use of premises as 8
principal residence 9
(1) A landlord may give notice of termination of a residential 10
tenancy agreement for a fixed term on the ground that the 11
landlord requires the premises for the principal place of 12
residence of the landlord or a relative of the landlord. 13
(2) The notice of termination must not specify a day earlier than 14
30 days after the day on which the notice is given as the day 15
on which vacant possession is to be delivered up to the 16
landlord. 17
(3) The notice may be given to the tenant before the end of the 18
term of the agreement and may specify a termination date 19
that is the date of, or a date after, the end of the term. 20
(4) In this clause: 21
relative of a landlord means any of the following: 22
(a) the parent, grandparent, brother, sister, uncle, aunt, 23
nephew, niece, lineal descendant or adopted child of 24
the landlord or of the landlord's spouse, 25
(b) the spouse of the landlord or of a person referred to 26
in paragraph (a). 27
spouse includes a de facto partner as defined in the De 28
Facto Relationships Act 1984. 29
17 Notice of termination by landlord on ground of breach of 30
agreement (other than arrears of rent) 31
(1) If a tenant has breached a residential tenancy agreement 32
(otherwise than in relation to the payment of rent), the 33
landlord may give notice to the tenant to remedy the breach 34
within a period of not less than 30 days after the date on 35
which the notice is given to the tenant. 36
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
(2) A landlord may give a notice of termination of a residential 1
tenancy agreement to the tenant on the ground that the 2
tenant has failed to remedy a breach of the agreement within 3
the period specified by a notice under subclause (1). 4
(3) The notice of termination under subclause (2) must not 5
specify a day earlier than 14 days after the day on which the 6
notice is given as the day on which vacant possession of the 7
residential premises is to be delivered up to the landlord. 8
(4) If the tenant remedies the breach specified in the notice 9
under subclause (1) before the day specified in the notice of 10
termination, the notice of termination ceases to have effect 11
and no further notice of termination may be given in respect 12
of that breach. 13
(5) Despite the foregoing provisions of this clause, if a tenant 14
has breached a residential tenancy agreement (otherwise 15
than in relation to the payment of rent) and the breach is of 16
the same nature as that for which a notice has been given 17
under subclause (1) within the previous period of 3 months, 18
and the breach is serious, the landlord may give a notice of 19
termination of the residential tenancy agreement. 20
(6) The notice of termination under subclause (5) must not 21
specify a day earlier than 14 days after the day on which the 22
notice is given as the day on which vacant possession of the 23
residential premises is to be delivered up to the landlord. 24
18 Notice of termination by landlord--arrears of rent 25
(1) If a tenant has failed to pay rent in accordance with the 26
residential tenancy agreement, the landlord may give notice 27
to the tenant to pay the arrears of rent within a period of not 28
less than 14 days after the date on which the notice is given 29
to the tenant. 30
(2) A landlord may give a notice of termination of a residential 31
tenancy agreement to the tenant on the ground that the 32
tenant has failed to remedy a breach of the agreement within 33
the period specified by a notice under subclause (1). 34
(3) The notice of termination must not specify a day earlier than 35
14 days after the day on which the notice is given as the day 36
on which vacant possession of the residential premises is to 37
be delivered up to the landlord. 38
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Amendments Schedule 1
(4) If the tenant pays all arrears of rent to which a notice under 1
subclause (1) applies before the day specified in the notice 2
of termination, the notice of termination ceases to have 3
effect and no further notice of termination may be given in 4
respect of those arrears. 5
19 Notice of termination at end of fixed term agreement without 6
any ground 7
(1) A tenant may give notice of termination of a residential 8
tenancy agreement that creates a tenancy for a fixed term 9
during the currency of the term without specifying any 10
ground for the termination. 11
(2) A notice of termination given under this clause must not 12
specify a day earlier than 14 days after the day on which the 13
notice is given or the day the term of the residential tenancy 14
agreement ends, whichever is the later, as the day on which 15
vacant possession of the residential premises is to be or will 16
be delivered up. 17
(3) This clause does not apply to residential premises to which 18
a relevant code of practice applies, being premises 19
consisting of a site on which: 20
(a) a relocatable home, or 21
(b) a registrable moveable dwelling with a rigid annexe 22
attached to it, 23
(not being a home or dwelling provided by the landlord) is 24
situated or proposed to be situated. 25
Part 5 Miscellaneous 26
20 Offences and penalties 27
(1) A person who knowingly contravenes or fails to comply 28
with a provision set out below is guilty of an offence and is 29
liable to a penalty specified in relation to that provision: 30
Clause 5 (2)--20 penalty units 31
Clause 6 (2)--20 penalty units. 32
(2) Subclause (1) has effect despite section 125 (2). 33
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Residential Tenancies Amendment (Olympic Games) Bill 1999
Schedule 1 Amendments
21 Landlord and Tenant (Rental Bonds) Act 1977 1
(1) The provisions of section 9 (2) (b) of the Landlord and 2
Tenant (Rental Bonds) Act 1977 do not apply to: 3
(a) the demand of an amount of money that would, if 4
deposited or paid, be a rental bond, or 5
(b) the receipt of a rental bond, 6
in respect of a lease of furnished premises for which the 7
weekly rental is $1000 (or such higher amount as is 8
prescribed by regulations under that Act) or more. 9
(2) The regulations under the Landlord and Tenant (Rental 10
Bonds) Act 1977 may prescribe amounts for the purposes of 11
subclause (1). 12
(3) Words and expressions used in this clause have the same 13
meanings as in the Landlord and Tenant (Rental Bonds) Act 14
1977. 15
Page 14
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