New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In
this Part--
"existing residential tenancy agreement" means a residential tenancy agreement
in force immediately before the repeal of the former Act.
"former Act" means the Residential Tenancies Act 1987 .
"former Board" means the Rental Bond Board constituted under the 1977 Act.
"1977 Act" means the Landlord and Tenant (Rental Bonds) Act 1977 .
(1) The terms included in a residential tenancy agreement by this Act are included in any existing residential tenancy agreement on the repeal of the former Act.
(2) This Act applies to any such agreement despite the terms of the agreement.
(3) This clause is subject to this Schedule and the regulations.
Nothing in this Act affects--
(a) the validity of any action done or payment made before the repeal of the former Act in pursuance of a term of an existing residential tenancy agreement that contravenes, is ineffective or is void because of this Act, or
(b) any right or remedy which a landlord or a tenant under an existing residential tenancy agreement would have had but for this Act in relation to such an action or payment or any breach of the agreement that occurred before the repeal of the former Act and the 1977 Act.
The former Act continues to apply in relation to any application made to the Consumer, Trader and Tenancy Tribunal under the former Act and not finally determined before the commencement of this clause.
The former Act continues to apply in relation to any termination notice given before the repeal of the former Act or other action, or proceedings commenced before that repeal, relating to the termination of an existing residential tenancy agreement or goods left on residential premises by a tenant or former tenant or occupant or former occupant.
The former Act continues to apply in relation to the enforcement of a termination of a residential tenancy agreement that occurred before the repeal of the former Act and in relation to the recovery of possession of residential premises consequential on any such termination.
Notice of termination of a social housing tenancy agreement on a ground referred to in section 147 may not be given to a person who has been a tenant of social housing premises (including more than one such premises or class of premises) for a continuous period starting before 1 July 2005.
The former Board is for all purposes (including the rules of private international law) a continuation of, and the same legal entity as, the Rental Bond Board constituted under this Act.
(1) In this clause--
"existing appointed member" means a member of the former Board appointed under section 6(1)(d) of the 1977 Act, and holding office as such a member, immediately before the repeal of that Act.
(2) Subject to clause 5 of Schedule 1, an existing appointed member continues in office as a member of the Board after the repeal of the 1977 Act for the remainder of the person's appointment (as specified in the member's instrument of appointment to the Board when last appointed under the 1977 Act).
(3) Any such member, if eligible for re-appointment, may be re-appointed.
A delegation, in force immediately before the repeal of the 1977 Act by the former Board of a function under the 1977 Act for which there is a corresponding equivalent function under this Act, continues in force as if it were a delegation under this Act of the corresponding equivalent function.
(1) This clause applies to an amount of rental bond deposited under the 1977 Act and not paid out before the commencement of Part 8.
(2) The amount is taken to have been deposited under this Act and is to be dealt with accordingly.
(3) Without limiting subclause (2), any claim for payment of any such amount made and not finally dealt with before the commencement of Part 8 of this Act is taken to have been made under this Act.
(1) The Rental Bond Account established under section 185 is a continuation of, and the same fund as, the Rental Bond Account established under the 1977 Act.
(2) The Rental Bond Interest Account established under section 186 is a continuation of, and the same fund as, the Rental Bond Interest Account established under the 1977 Act.
(1) Part 11 of this Act does not apply to existing entries in a residential tenancy database maintained and used immediately before the commencement of this clause until 3 months after that commencement.
(2) This clause is subject to the regulations.
Section 39(1)(b) does not apply in respect of an existing residential tenancy agreement until 12 months after the commencement of that provision.
The amendment made to section 202(4) by the Statute Law (Miscellaneous Provisions) Act (No 2) 2012 does not apply to an offence committed before the commencement of the amendment.
Any reference to the Consumer, Trader and Tenancy Tribunal in a residential tenancy agreement entered into before the commencement of the amendments made to this Act by the Civil and Administrative Legislation (Repeal and Amendment) Act 2013 is to be read, on and after that commencement, as a reference to the Civil and Administrative Tribunal.
The amendment made to section 100 by the Statute Law (Miscellaneous Provisions) Act 2014 extends to residential tenancy agreements entered into before the commencement of the amendment but does not affect the validity of any termination notice given before the commencement of the amendment.
In this Part,
"amending Act" means the Residential Tenancies Amendment (Social Housing) Act
2018 .
Section 154FA, as inserted by the amending Act, applies only in respect of a tenant who, after the insertion of that section, is found guilty of an offence under section 69 or 69A of the Housing Act 2001 , whether the offence was committed before or after the insertion.
Division 8 of Part 7 of this Act, as inserted by the amending Act, extends to a social housing tenancy agreement under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office that was entered into before the insertion of that Division.
In this Part--
"1899 Act" means the Landlord and Tenant Act 1899 .
"1948 Act" means the Landlord and Tenant (Amendment) Act 1948 .
"prescribed premises" means prescribed premises to which the 1948 Act applied
immediately before its repeal by the Fair Trading Legislation Amendment
(Miscellaneous) Act 2018 .
The 1948 Act is repealed.
(1) Despite its repeal, the 1948 Act continues to apply to prescribed premises, subject to the modifications specified in subclause (2), as if that Act had not been repealed--(a) until the death of the lessee of those premises, or(b) if a spouse or de facto partner resided with the lessee immediately before the lessee's death, until the death of that spouse or de facto partner.Note :
"De facto partner" is defined in section 21C of the Interpretation Act 1987 .
(2) Sections 83 and 83A of the 1948 Act, as continued by this clause, are modified as follows--(a) by omitting section 83(1)(c)(ii) and (iii) and (2),(b) by omitting "the spouse, or such child, or the father or mother, as the case may be," from section 83(1) and inserting instead "that spouse",(c) by omitting section 83A(1)(b) and (c) and (1A),(d) by omitting "the spouse, or such child, or the father or mother as the case may be," from section 83A(1) and inserting instead "that spouse".
(3) A reference to the 1948 Act in this Act (other than this clause) or any other Act or regulation is taken to be a reference to that Act as continued in force by this clause.
(4) Despite its repeal by Schedule 3 to the Statute Law (Miscellaneous Provisions) Act 2020 , the Landlord and Tenant Regulation 2015 continues to apply to prescribed premises as if the Regulation had not been repealed until the 1948 Act ceases to apply to the premises under this clause.
(5) Despite the repeal of the 1899 Act by section 1D of that Act, the 1899 Act continues to apply, but only to the extent and for the period necessary for the continuation of the 1948 Act under this clause.
Section 107, as substituted by the Residential Tenancies Amendment (Review) Act 2018 , does not apply to a residential tenancy agreement entered into before the substitution of that section.
(1) In this Part--
"arrears" accrued during the moratorium period by an impacted tenant means rent or charges that--(a) were payable by the impacted tenant during the moratorium period, and(b) were not paid, either with or without the agreement of the landlord, and(c) are still owing.
"repealed provisions" means Part 13 of this Act and the regulations made under that Part as in force immediately before the repeal of that Part.
(2) Terms in this Part have the same meaning as they had in the repealed provisions.
(1) A landlord must not take prohibited action to the extent that it relates to rental arrears accrued during the moratorium period by an impacted tenant if the tenant has--(a) agreed with the landlord or landlord's agent to a repayment plan for the arrears, and(b) complied with the terms of the repayment plan.
(2) The impacted tenant is taken to have complied with the terms of the repayment plan unless the tenant has failed to make 2 consecutive payments by the times required by the plan.
(3) If an impacted tenant has not complied with the terms of the repayment plan, the landlord must not take prohibited action unless it is fair and reasonable in the circumstances.
(4) If the impacted tenant and the landlord or landlord's agent have not agreed to a repayment plan for the arrears, the landlord must not take prohibited action unless--(a) the landlord has participated in good faith in a formal arrears repayment negotiation process with the impacted tenant about a repayment plan for the arrears, and(b) it is fair and reasonable in the circumstances for the landlord to take the prohibited action.
(5) The Tribunal must have regard to the following for the purposes of deciding under this clause whether the landlord is authorised to take prohibited action--(a) the steps taken by the landlord and impacted tenant to negotiate a repayment plan,(b) the payments made by the impacted tenant towards the arrears,(c) the nature of any financial hardship experienced by the landlord or impacted tenant, including the general financial position of each party,(d) the availability and affordability of reasonable alternative accommodation for the impacted tenant,(e) any special vulnerability of the impacted tenant.
(6) Subclause (5) does not limit the matters the Tribunal may have regard to.
(7) For the purposes of subclause (5)(a), the Tribunal may have regard to any advice provided by NSW Fair Trading relating to the participation of the landlord or impacted tenant in a formal arrears repayment negotiation process, including whether the landlord or impacted tenant refused, or refused to make, a reasonable offer.
(8) In this clause--
"formal arrears repayment negotiation process" means a dispute resolution process between a landlord and an impacted tenant, facilitated by NSW Fair Trading, to negotiate a repayment plan for arrears having regard to the specific circumstances of the landlord and the impacted tenant.
"prohibited action" means the following--(a) giving a termination notice under section 87 on the ground specified in section 88,(b) applying to the Tribunal for a termination order under section 83(2) relating to a termination notice given under section 87 on the ground specified in section 88,(c) otherwise applying to the Tribunal for a termination order in relation to a residential tenancy agreement on the ground specified in section 88.
"repayment plan" for arrears means a repayment plan to pay back the arrears that specifies the amounts to be paid and the times at which the payments are to occur.
(9) This clause ceases to have effect on 26 September 2021.
(1) A landlord must not give a termination notice under section 85 to an impacted tenant who accrued arrears during the moratorium period unless it is fair and reasonable in the circumstances.
(2) The Tribunal must have regard to all relevant matters for the purposes of deciding under this clause whether a termination is fair and reasonable in the circumstances, including--(a) the general financial position of the landlord, and(b) whether the landlord or a member of the landlord's family needs to reside at the premises.
(3) This clause ceases to have effect on 26 September 2021.
(1) Proceedings commenced in the Tribunal under the repealed provisions may be continued despite the repeal of the provisions and the repealed provisions continue to apply to the proceedings as if the repealed provisions had not been repealed.
(2) The repealed provisions continue to apply to a termination notice or eviction notice given, or an order of the Tribunal made, under the repealed provisions.
Note : This clause also extends to protect impacted residents of boarding houses as the provisions of Part 5 of the Boarding Houses Regulation 2013 are also repealed provisions because they were made under Part 13 of this Act.
The repeal of the repealed provisions does not affect an agreement made between a tenant and a landlord or landlord's agent about the waiver of rent or the deferral of the payment of rent.
Despite section 212, a landlord or landlord's agent must not list personal information about a person in a residential tenancy database if--
(a) the breach of the residential tenancy agreement arose solely from a failure to pay rent or charges specified in section 88(1), and
(b) at the time of the breach, the person was an impacted tenant.