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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION BILL 2008

          Queensland



Residential Tenancies and
Rooming Accommodation
Bill 2008

 


 

 

Queensland Residential Tenancies and Rooming Accommodation Bill 2008 Contents Page Chapter 1 Preliminary Part 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 4 Rights and remedies of persons. . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 2 Objects of Act 5 Objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Part 3 Interpretation Division 1 Location of definitions 6 Definitions and dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Meaning of key terms for residential tenancies 7 Caravan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 8 Lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9 Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 10 Residential premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 11 Residential tenancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 12 Residential tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 30 13 Tenant. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Division 3 Meaning of key terms for rooming accommodation 14 Resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 15 Rooming accommodation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 16 Rooming accommodation agreement . . . . . . . . . . . . . . . . . . . . . 32 17 Provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Part 4 Application and operation of Act Division 1 Matters relating to residential tenancies and rooming accommodation 18 Opting in as residential tenancy agreement . . . . . . . . . . . . . . . . . 33 19 References to agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 20 Reference to lessors and tenants. . . . . . . . . . . . . . . . . . . . . . . . . 33 21 Reference to providers and residents. . . . . . . . . . . . . . . . . . . . . . 34 22 References to premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 23 References to tenancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 24 Provision stating that lessor or lessor's agent or provider or provider's agent must do something. . . . . . . . . . . . . . . . . . . . . . . 34 25 Lessor's or provider's agent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 26 State as lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 27 Application of Property Law Act to agreements . . . . . . . . . . . . . . 36 28 Minor has capacity to enter into agreements . . . . . . . . . . . . . . . . 36 Division 2 Residential tenancy agreements to which this Act applies and does not apply 29 Act applies to certain residential tenancy agreements etc. . . . . . 36 30 Contracts of sale and mortgages . . . . . . . . . . . . . . . . . . . . . . . . . 37 31 Premises used for holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 32 Boarders and lodgers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 33 Educational institutions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 34 Hospitals, nursing homes and retirement villages . . . . . . . . . . . . 39 35 Rental purchase plan agreements . . . . . . . . . . . . . . . . . . . . . . . . 39 36 Temporary refuge accommodation. . . . . . . . . . . . . . . . . . . . . . . . 40 37 Agreements under Manufactured Homes (Residential Parks) Act 2003 ......................................... 40 38 Headleases for employee housing . . . . . . . . . . . . . . . . . . . . . . . . 40 39 Headleases for affordable housing agreements . . . . . . . . . . . . . . 40 40 Hotels and motels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 41 Headleases for approved supported accommodation . . . . . . . . . 41 42 Intensive drug rehabilitation order . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 3 Rooming accommodation agreements to which this Act applies and does not apply 43 Act applies to certain rooming accommodation agreements etc.. 42 44 Rooming accommodation agreements to which Act does not apply ...................................... 42 Page 2

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Division 4 Moveable dwelling premises 45 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 46 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 47 Short tenancy statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 48 Extending short tenancy statements . . . . . . . . . . . . . . . . . . . . . . 45 49 Setting aside short tenancy (extension) statements. . . . . . . . . . . 46 50 Short tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 51 Long tenancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements Division 1 Residential tenancy agreements Subdivision 1 General provisions 52 Terms of agreements include duties under Act etc. . . . . . . . . . . . 47 53 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 54 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 55 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 56 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 57 Premises must be offered for rent at a fixed amount . . . . . . . . . . 49 58 Lessor must give documents to prospective tenant . . . . . . . . . . . 49 59 Restriction on amounts that may be taken from prospective tenant ........................................ 50 60 Orders of tribunal relating to noncompliance with s 58 or 59 . . . . 50 61 Written agreements required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 62 Giving, signing and keeping written agreement . . . . . . . . . . . . . . 52 63 Period lessor or lessor's agent must keep agreement . . . . . . . . . 52 64 Orders of tribunal about giving and signing written agreement . . 52 Subdivision 2 Associated documents 65 Condition report at start of tenancy . . . . . . . . . . . . . . . . . . . . . . . 53 66 Condition report at end of tenancy . . . . . . . . . . . . . . . . . . . . . . . . 54 67 Information statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 68 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 69 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Subdivision 3 Fixed term agreements 70 Continuation of fixed term agreements. . . . . . . . . . . . . . . . . . . . . 56 71 Tenant may apply to tribunal about significant change in subsequent agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Page 3

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Division 2 Rooming accommodation agreements Subdivision 1 General provisions 72 Terms of agreement include obligations under Act etc. . . . . . . . . 60 73 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 74 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 75 Contracting out prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 76 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 77 Written agreement required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 78 Resident's copy of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 79 Period provider or provider's agent must keep agreement . . . . . . 63 Subdivision 2 Associated documents 80 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 81 Condition report at start of rooming accommodation . . . . . . . . . . 63 Subdivision 3 Fixed term agreements 82 Continuation of fixed term agreement . . . . . . . . . . . . . . . . . . . . . 65 Part 2 Rent Division 1 Residential tenancy agreements 83 How rent to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 84 Tenant must be given choices of approved ways for payment of rent and be advised about associated costs . . . . . . . . . . . . . . . . 66 85 Where rent to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 86 Payment of rent by electronic transaction. . . . . . . . . . . . . . . . . . . 67 87 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 88 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 89 Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 90 False, misleading or incomplete rent records . . . . . . . . . . . . . . . . 70 91 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 92 Tenant's application to tribunal about rent increase . . . . . . . . . . . 72 93 Minimum period before rent can be increased . . . . . . . . . . . . . . . 73 94 Rent decreases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 95 Seizure of tenant's goods for rent etc. . . . . . . . . . . . . . . . . . . . . . 74 96 Rent payment must not be applied for any other purpose . . . . . . 75 97 Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 2 Rooming accommodation agreements 98 How rent is to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Page 4

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 99 Resident must be given choices of approved ways for payment of rent and be advised about associated costs . . . . . . . . . . . . . . 76 100 Where rent is to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 101 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 102 Receipts and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 103 Keeping of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 104 False, misleading or incomplete rent records . . . . . . . . . . . . . . . . 80 105 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 106 Rent decreases for matters including loss of amenity or service . 81 107 Rent decreases because of resident's absence. . . . . . . . . . . . . . 81 108 Seizure of resident's goods for rent etc. . . . . . . . . . . . . . . . . . . . . 82 109 Apportionment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Part 3 Rental bonds Division 1 Application of part 110 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 2 Payments to authority 111 Meaning of rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 112 Meaning of maximum rental bond . . . . . . . . . . . . . . . . . . . . . . . . 85 113 Contributor for a rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 114 Bond loan contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 115 Share of a rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 116 Duty to pay rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 117 Duty to pay rental bond instalments under residential tenancy agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 118 Duty to pay rental bond instalments under rooming accommodation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 119 Duty to pay rental bond if financial protection given . . . . . . . . . . . 89 120 Acknowledging receipt of rental bond. . . . . . . . . . . . . . . . . . . . . . 90 121 No entitlement to interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 122 Continuance of rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 3 Payments by authority Subdivision 1 Preliminary 123 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 124 Making payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 125 Application for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Subdivision 2 Payment of bond if only 1 contributor 126 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Page 5

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 127 Joint application by lessor and contributor . . . . . . . . . . . . . . . . . . 92 128 Application by lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 129 Application by contributor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Subdivision 3 Payment of bond if more than 1 contributor 130 Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 131 Joint application by lessor and every contributor . . . . . . . . . . . . . 93 132 Joint application by lessor and some contributors . . . . . . . . . . . . 93 133 Application by lessor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 134 Application by every contributor . . . . . . . . . . . . . . . . . . . . . . . . . . 94 135 Application by some contributors . . . . . . . . . . . . . . . . . . . . . . . . . 95 Subdivision 4 Other matters about payment 136 Payment for which notice must be given . . . . . . . . . . . . . . . . . . . 95 137 Payment under tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 138 Payment to rental bond supplier . . . . . . . . . . . . . . . . . . . . . . . . . . 98 139 Limitation affecting payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 140 Withdrawal of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 141 Payment under person's direction . . . . . . . . . . . . . . . . . . . . . . . . 100 Subdivision 5 Payment by authority in stated circumstances if bond loan contributor 142 Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 143 Chief executive taken to be interested person . . . . . . . . . . . . . . . 101 144 Sdivs 3 and 4 apply subject to this subdivision . . . . . . . . . . . . . . 101 Division 4 Enforcement provisions 145 Receipt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 146 Payments above maximum amount . . . . . . . . . . . . . . . . . . . . . . . 102 147 Order for payment if guilty of offence . . . . . . . . . . . . . . . . . . . . . . 103 148 Order for return of bond if bond wrongfully taken . . . . . . . . . . . . . 103 Division 5 Accounts and investments 149 Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 150 Rental bond account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 151 Unclaimed amounts in rental bond account . . . . . . . . . . . . . . . . . 104 152 Rental bond interest account . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 153 Other payments from rental bond interest account . . . . . . . . . . . 105 Division 6 Miscellaneous 154 Increase in rental bond. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 155 Rental bond resulting from rent decrease . . . . . . . . . . . . . . . . . . 106 Page 6

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Part 4 Key and holding deposits for residential tenancies Division 1 Key deposits 156 Payment of key deposits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 157 Receipts for key deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 158 Refunding key deposit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Division 2 Holding deposits 159 Payment of holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 160 Receipts for holding deposits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 161 Rights and obligations about holding deposits . . . . . . . . . . . . . . . 109 162 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Part 5 Outgoings of lessor or provider Division 1 Residential tenancy agreements Subdivision 1 Outgoings other than service charges 163 Outgoings other than service charges . . . . . . . . . . . . . . . . . . . . . 111 Subdivision 2 Service charges 164 Meaning of service charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 165 General service charges for premises other than moveable dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 166 Water service charges for premises other than moveable dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 167 Service charges for moveable dwelling premises individually metered ......................................... 114 168 Service charges absorbed in rent for moveable dwelling premises ...................................... 115 169 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Division 2 Rooming accommodation agreements 170 Charge for utility service. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements Division 1 Residential tenancy agreements 171 Supply of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 172 Incentive amounts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 173 Certain terms about penalties and other payments void . . . . . . . 119 174 Terms about rent reductions etc. . . . . . . . . . . . . . . . . . . . . . . . . . 119 175 Premiums for letting moveable dwelling premises . . . . . . . . . . . . 120 Division 2 Rooming accommodation agreements 176 Supply of goods and services . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Page 7

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 177 Incentive amounts prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 178 Certain terms about penalties and other payments void . . . . . . . 122 179 Terms about rent reductions etc. . . . . . . . . . . . . . . . . . . . . . . . . . 122 Part 7 Tenancy guarantees 180 Tenancy guarantees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 Chapter 3 Rights and obligations of parties for residential tenancies Part 1 Occupation and use of the premises 181 Legal impediments to occupation as residence . . . . . . . . . . . . . . 124 182 Vacant possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 183 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 184 Tenant's use of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 Part 2 General standard of the premises 185 Lessor's obligations generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 186 Lessor's obligations for facilities in moveable dwelling parks . . . . 127 187 Lessor's obligations for moveable dwelling site . . . . . . . . . . . . . . 127 188 Tenant's obligations generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 189 Tenant's obligations for facilities in moveable dwelling parks . . . . 128 190 Tenant's obligation for moveable dwelling site . . . . . . . . . . . . . . . 129 191 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 3 Lessor's right of entry 192 Grounds for entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 193 Notice of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 194 Entry by lessor or lessor's agent with another person . . . . . . . . . 132 195 When lessor or lessor's agent may enter . . . . . . . . . . . . . . . . . . . 132 196 Period for entry must be stated for entry by lessor and lessor's agent without another person. . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 197 Entry to show premises to a prospective tenant. . . . . . . . . . . . . . 134 198 Entry to show premises to a prospective buyer . . . . . . . . . . . . . . 134 199 Entry by secondary agents generally . . . . . . . . . . . . . . . . . . . . . . 135 200 Rules of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 201 Entry by lessor or lessor's agent under order of tribunal . . . . . . . 136 202 Unlawful entry of premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 203 Lessor or lessor's agent must not use photo or image showing tenant's possessions in advertisement. . . . . . . . . . . . . . . . . . . . . 137 204 Lessor or lessor's agent must not conduct open house or on-site auction without tenant's consent. . . . . . . . . . . . . . . . . . . . 137 Page 8

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Part 4 Personal details of the parties and agents 205 Tenant's name and other details. . . . . . . . . . . . . . . . . . . . . . . . . . 138 206 Lessor's or agent's name and other details . . . . . . . . . . . . . . . . . 138 Part 5 The dwelling Division 1 Fixtures and structural changes 207 Attaching fixtures and making structural changes . . . . . . . . . . . . 139 208 Agreement about fixtures and structural changes . . . . . . . . . . . . 139 209 Attaching fixture or making structural change without lessor's agreement ........................................ 140 Division 2 Locks and keys 210 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 211 Changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 212 Agreement about changing locks . . . . . . . . . . . . . . . . . . . . . . . . . 142 213 Orders of tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Division 3 Damage and repairs 214 Meaning of emergency repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . 143 215 Meaning of routine repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 216 Nominated repairer for emergency repairs. . . . . . . . . . . . . . . . . . 144 217 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 218 Tenant may arrange for emergency repairs to be made or may apply to the tribunal for an order about the repairs. . . . . . . . . . . . 145 219 Costs of emergency repairs arranged by tenant . . . . . . . . . . . . . 146 220 Orders of tribunal about reimbursement or payment for emergency repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 221 Orders of tribunal about carrying out emergency repairs . . . . . . . 148 Part 6 Additional provisions for moveable dwelling premises Division 1 Application of part 222 Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Division 2 Relocation 223 Notice to relocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 224 Restriction against enforcing relocation . . . . . . . . . . . . . . . . . . . . 150 225 Effect of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 226 Costs of relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 227 Application to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 Division 3 Park rules 228 Park rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 229 Notice of proposed change of park rule . . . . . . . . . . . . . . . . . . . . 152 Page 9

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 230 Objection to proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 231 Park liaison committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 232 Consideration of objections by committee . . . . . . . . . . . . . . . . . . 154 233 Application to tribunal about proposal . . . . . . . . . . . . . . . . . . . . . 154 234 Decision of tribunal about proposal . . . . . . . . . . . . . . . . . . . . . . . 155 235 When proposal takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 236 When changes of park rules have no effect . . . . . . . . . . . . . . . . . 157 Part 7 Change of lessor or tenant Division 1 Transfer or subletting by tenant 237 Tenant's action subject to lessor's unqualified discretion . . . . . . . 158 238 Tenant's action subject to lessor's qualified discretion . . . . . . . . . 158 239 Order of tribunal about transfer or subletting . . . . . . . . . . . . . . . . 159 240 Lessor's expenses for transfer or subletting . . . . . . . . . . . . . . . . . 159 241 Lessor's fee for sale of caravan . . . . . . . . . . . . . . . . . . . . . . . . . . 159 Division 2 Transfer by lessor 242 Transfer by lessor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 Division 3 Replacement of tenant 243 End of tenant's occupation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 244 Death of a cotenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 245 Injury to domestic associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 246 Injury or damage affecting occupants . . . . . . . . . . . . . . . . . . . . . 164 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally 247 Provider's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . 166 248 Provider's or agent's name and other details . . . . . . . . . . . . . . . . 167 249 Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 250 Supply of locks and keys . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 251 Changing locks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 252 Application to tribunal about lock or key . . . . . . . . . . . . . . . . . . . . 169 253 Resident's obligations generally . . . . . . . . . . . . . . . . . . . . . . . . . . 170 254 Attaching fixtures and making structural changes . . . . . . . . . . . . 171 255 Agreement about fixtures and structural changes . . . . . . . . . . . . 171 256 Attaching fixture or making structural change without provider's agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Page 10

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Part 2 Entry to residents' rooms 257 Entry with resident's agreement . . . . . . . . . . . . . . . . . . . . . . . . . . 173 258 Entry to carry out inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 259 Entry after giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 260 Entry without notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 261 General qualifications about entry . . . . . . . . . . . . . . . . . . . . . . . . 175 262 Entry by provider's agent or other person . . . . . . . . . . . . . . . . . . 175 263 Rules of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 264 Entry by provider or provider's agent under order of tribunal . . . . 176 265 Unlawful entry of resident's room . . . . . . . . . . . . . . . . . . . . . . . . . 177 Part 3 House rules Division 1 General 266 House rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 267 Prescribed rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 268 Rules made by the provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Division 2 Rule changes 269 Meaning of rule change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 270 Notice of proposed rule change . . . . . . . . . . . . . . . . . . . . . . . . . . 179 271 Withdrawal of proposed rule change . . . . . . . . . . . . . . . . . . . . . . 180 272 Objection to proposed rule change . . . . . . . . . . . . . . . . . . . . . . . 180 273 Application to tribunal about proposed rule change . . . . . . . . . . . 181 274 Application to tribunal by resident about existing rule . . . . . . . . . 182 Division 3 Publication of house rules 275 Proposed resident to be given a copy of house rules. . . . . . . . . . 183 276 Display of house rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements Division 1 General 277 Ending of residential tenancy agreements . . . . . . . . . . . . . . . . . . 183 278 Acceptance of rent does not operate as waiver of tenant's breach ....................................... 185 279 Offer or payment of rent does not operate as waiver of lessor's breach .......................................... 186 Division 2 Action by lessor Subdivision 1 Notices to remedy breach given by lessor 280 Notice to remedy tenant's breach. . . . . . . . . . . . . . . . . . . . . . . . . 186 Page 11

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Subdivision 2 Notices to leave premises given by lessor 281 Notice to leave for unremedied breach. . . . . . . . . . . . . . . . . . . . . 187 282 Notice to leave for tenant's noncompliance with tribunal order. . . 187 283 Notice to leave for noncompliance (moveable dwelling relocation) .................................... 188 284 Notice to leave if agreement frustrated. . . . . . . . . . . . . . . . . . . . . 188 285 Notice to leave if agreement frustrated (moveable dwelling premises) ........................................ 189 286 Notice to leave if premises being sold . . . . . . . . . . . . . . . . . . . . . 190 287 Notice to leave if closure of moveable dwelling park involved . . . 190 288 Notice to leave if tenant's employment ends or entitlement to occupy under employment ends. . . . . . . . . . . . . . . . . . . . . . . . . . 191 289 Notice to leave if tenant's entitlement to supported accommodation ends ............................... 192 290 Notice to leave if tenant's entitlement under affordable housing scheme .......................................... 192 291 Notice to leave without ground . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 292 Application to tribunal about notice to leave without ground . . . . 194 Subdivision 3 Applications for termination by lessor 293 Application for termination for failure to leave. . . . . . . . . . . . . . . . 194 294 Application for termination for failure to leave as intended . . . . . . 195 295 Application for termination for excessive hardship . . . . . . . . . . . . 195 296 Application for termination for damage or injury. . . . . . . . . . . . . . 196 297 Application for termination for tenant's objectionable behaviour . 196 298 Application for termination for incompatibility . . . . . . . . . . . . . . . . 197 299 Application by lessor for termination for repeated breaches by tenant .......................................... 197 300 Application for interim order about damage or injury . . . . . . . . . . 198 Division 3 Action by tenant Subdivision 1 Notices to remedy breach given by tenant 301 Notice to remedy lessor's breach . . . . . . . . . . . . . . . . . . . . . . . . . 199 Subdivision 2 Notices of intention to leave premises given by tenant 302 Notice of intention to leave for unremedied breach . . . . . . . . . . . 200 303 Waiver of breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 304 Notice of intention to leave for lessor's noncompliance with tribunal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 305 Notice of intention to leave if agreement frustrated . . . . . . . . . . . 201 Page 12

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 306 Notice of intention to leave if agreement frustrated (moveable dwelling premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 307 Notice of intention to leave if premises being sold . . . . . . . . . . . . 203 308 Notice of intention to leave without ground. . . . . . . . . . . . . . . . . . 203 Subdivision 3 Applications for termination by tenant 309 Application for termination for failure of lessor to remedy breach 204 310 Application for termination for excessive hardship . . . . . . . . . . . . 204 311 Application for termination for damage or injury. . . . . . . . . . . . . . 205 312 Application by cotenant for termination for damage or injury . . . . 205 313 Application for termination for lessor's objectionable behaviour . . 206 314 Application for termination for incompatibility . . . . . . . . . . . . . . . . 206 315 Application by tenant for termination for repeated breaches by lessor .......................................... 206 316 Application for interim order about damage or injury . . . . . . . . . . 208 Division 4 Action by other persons Subdivision 1 Mortgagees 317 Notice about proposed action of mortgagee . . . . . . . . . . . . . . . . 208 318 Acceptance of rent does not operate as consent . . . . . . . . . . . . . 209 319 Tenant not liable for loss if tenant vacates or is removed from premises after receiving notice from mortgagee . . . . . . . . . . . . . 209 320 Tenant not liable for loss if rent paid to mortgagee. . . . . . . . . . . . 210 Subdivision 2 Other persons 321 Application by tenant's domestic associate for termination for damage or injury. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 322 Application by occupant for termination for damage or injury. . . . 211 323 Application for interim order about damage or injury . . . . . . . . . . 211 324 References to applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 Division 5 Procedural requirements for action taken by lessor or tenant 325 Notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 326 Notice to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212 327 Notice of intention to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 328 Allowed remedy period. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214 329 Handover day for notice to leave for premises that are not moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215 330 Handover day for notice to leave for moveable dwelling premises ..................................... 216 Page 13

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 331 Handover day for notice of intention to leave for premises that are not moveable dwelling premises . . . . . . . . . . . . . . . . . . . . . . 217 332 Handover day for notice of intention to leave for moveable dwelling premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218 333 Withdrawing notice to leave for unremedied breach. . . . . . . . . . . 219 334 Withdrawing notice of intention to leave . . . . . . . . . . . . . . . . . . . . 220 335 Applications for termination orders . . . . . . . . . . . . . . . . . . . . . . . . 220 336 Applications to tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 Division 6 Orders of tribunal 337 Failure to leave for unremedied breach . . . . . . . . . . . . . . . . . . . . 221 338 Failure to leave for noncompliance (tribunal order) . . . . . . . . . . . 222 339 Failure to leave for noncompliance (moveable dwelling relocation) ..................................... 222 340 Failure to leave for other grounds . . . . . . . . . . . . . . . . . . . . . . . . . 223 341 Failure to leave without ground. . . . . . . . . . . . . . . . . . . . . . . . . . . 223 342 Failure to leave as intended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 343 Excessive hardship. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 344 Damage or injury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 345 Objectionable behaviour. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 225 346 Incompatibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 347 Repeated breaches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226 348 Interim order about damage or injury . . . . . . . . . . . . . . . . . . . . . . 226 349 Defects in notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 Division 7 Recovery of possession of premises 350 Issue of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 351 Warrant of possession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 352 Execution of warrant of possession . . . . . . . . . . . . . . . . . . . . . . . 229 353 Way of recovering possession of premises . . . . . . . . . . . . . . . . . 229 354 Obstruction of person executing warrant of possession . . . . . . . . 229 Division 8 Abandonment 355 Termination of agreement by lessor if premises abandoned . . . . 230 356 Dispute about abandonment termination notice. . . . . . . . . . . . . . 231 357 Order about abandonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231 Division 9 Compensation 358 Tenant remaining in possession . . . . . . . . . . . . . . . . . . . . . . . . . . 232 359 Compensation on abandonment termination notice. . . . . . . . . . . 233 360 Compensation on termination by tribunal. . . . . . . . . . . . . . . . . . . 233 Page 14

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 361 Review of abandonment order . . . . . . . . . . . . . . . . . . . . . . . . . . . 233 362 Duty to mitigate loss or expense . . . . . . . . . . . . . . . . . . . . . . . . . 234 Division 10 Goods and documents left behind on premises 363 Goods left on premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235 364 Documents left on premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237 365 Application about goods left on premises. . . . . . . . . . . . . . . . . . . 238 Part 2 Ending of rooming accommodation agreements Division 1 General 366 Ending of rooming accommodation agreements . . . . . . . . . . . . . 239 367 Purporting to terminate agreement in unauthorised way . . . . . . . 240 Division 2 Action by provider Subdivision 1 Notices to remedy breach given by provider 368 Notice to remedy resident's breach . . . . . . . . . . . . . . . . . . . . . . . 241 Subdivision 2 Notices to leave given by provider 369 Notice to leave because of failure to remedy breach . . . . . . . . . . 242 370 Notice to leave immediately because of serious breach . . . . . . . 243 371 Notice to leave if premises destroyed etc. . . . . . . . . . . . . . . . . . . 244 372 Terminating of agreement by provider without ground . . . . . . . . . 244 373 Application to tribunal about terminating agreement without ground ......................................... 245 374 Notice to leave if resident's employment ends or entitlement to occupy under employment ends. . . . . . . . . . . . . . . . . . . . . . . . . . 246 375 Power to remove resident. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246 Subdivision 3 Applications for termination by provider 376 Application by provider for termination for repeated breaches by resident ....................................... 247 377 Application by provider to terminate fixed term agreement because of excessive hardship . . . . . . . . . . . . . . . . . . . . . . . . . . 248 Division 3 Action by resident Subdivision 1 Notices to remedy breach given by resident 378 Notice to remedy provider's breach . . . . . . . . . . . . . . . . . . . . . . . 249 Subdivision 2 Notices terminating agreement given by resident 379 Notice terminating fixed term agreement because of failure to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250 380 Notice terminating agreement if premises destroyed etc. . . . . . . 250 381 Terminating of agreement by resident without ground . . . . . . . . . 251 Page 15

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Subdivision 3 Applications for termination by resident 382 Application by resident for termination for repeated breaches by provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 251 383 Application by resident to terminate fixed term agreement because of excessive hardship . . . . . . . . . . . . . . . . . . . . . . . . . . 252 Division 4 Action by mortgagees 384 Notice about proposed action of mortgagee . . . . . . . . . . . . . . . . 253 385 Acceptance of rent does not operate as consent . . . . . . . . . . . . . 254 386 Resident not liable for loss if resident vacates or is removed from premises after receiving notice under s 384 . . . . . . . . . . . . 254 387 Resident not liable for loss if rent paid to mortgagee . . . . . . . . . . 254 Division 5 Procedural requirements and orders of tribunal 388 Applications for termination orders . . . . . . . . . . . . . . . . . . . . . . . . 255 389 Orders relating to repeated breaches. . . . . . . . . . . . . . . . . . . . . . 255 Division 6 Goods or money left behind in premises 390 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256 391 Unauthorised dealing with lost property . . . . . . . . . . . . . . . . . . . . 256 392 Personal document or money. . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 393 Item other than personal document or money . . . . . . . . . . . . . . . 257 394 Personal document given to public trustee. . . . . . . . . . . . . . . . . . 258 395 Money given to public trustee. . . . . . . . . . . . . . . . . . . . . . . . . . . . 259 396 Application to tribunal about lost property . . . . . . . . . . . . . . . . . . 259 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes Division 1 Preliminary 397 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260 Division 2 Conciliation 398 Conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 399 Some matters not suitable for conciliation . . . . . . . . . . . . . . . . . . 261 400 Appointment of conciliators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261 401 Functions of conciliators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 Division 3 Starting the conciliation process 402 Making dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . 262 403 Action to be taken on dispute resolution request . . . . . . . . . . . . . 263 Division 4 Conduct of conciliation process 404 Conciliation fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 Page 16

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 405 Limited right of representation . . . . . . . . . . . . . . . . . . . . . . . . . . . 263 406 Parties participation in conciliation process not compellable . . . . 264 407 Parties to conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 408 Conciliation agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264 409 No record of conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . 265 Division 5 Withdrawal of disputes 410 Withdrawal of disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Division 6 Confidentiality, privilege and immunity 411 Conciliators to maintain secrecy. . . . . . . . . . . . . . . . . . . . . . . . . . 265 412 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . 266 413 Admissions made in conciliation process. . . . . . . . . . . . . . . . . . . 266 Part 2 Application to tribunals Division 1 Application of part 414 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 Division 2 Preliminary 415 Meaning of urgent application . . . . . . . . . . . . . . . . . . . . . . . . . . . 267 416 Dispute resolution request required before applying to tribunal . . 270 417 Reference to making of tribunal application includes making of dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Division 3 General powers of tribunals 418 Application of Act to agreements . . . . . . . . . . . . . . . . . . . . . . . . . 271 419 Applications about breach of agreements . . . . . . . . . . . . . . . . . . 271 420 Orders about breach of agreements . . . . . . . . . . . . . . . . . . . . . . 272 421 Matters to which tribunal must have regard for orders for compensation ..................................... 273 422 Application of Aboriginal tradition . . . . . . . . . . . . . . . . . . . . . . . . . 274 423 Application of Island custom. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 424 Disputes about tenants' notices . . . . . . . . . . . . . . . . . . . . . . . . . . 276 425 Dispute about residents' notices . . . . . . . . . . . . . . . . . . . . . . . . . 276 426 Disputes about lessors' notices . . . . . . . . . . . . . . . . . . . . . . . . . . 277 427 Dispute about providers' notices . . . . . . . . . . . . . . . . . . . . . . . . . 278 428 Dispute about entry to resident's room or removal of resident . . . 278 429 General disputes between lessors and tenants or providers and residents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279 430 Disputes between cotenants or coresidents about rental bonds . 279 431 Different applications may be decided together . . . . . . . . . . . . . . 279 432 Joining applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280 Page 17

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 433 Relevant matters for deciding whether a person is a boarder or lodger ......................................... 280 Chapter 7 Enforcement Part 1 Authorised persons 434 Authorised persons under this chapter. . . . . . . . . . . . . . . . . . . . . 281 435 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 281 436 Limitation of authorised person's powers . . . . . . . . . . . . . . . . . . . 281 437 Authorised person's conditions of appointment . . . . . . . . . . . . . . 282 438 Authorised person's identity card . . . . . . . . . . . . . . . . . . . . . . . . . 282 439 Production or display of authorised person's identity card . . . . . . 283 Part 2 Powers of authorised persons for places 440 Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283 441 Warrants for entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284 442 Warrants--applications made other than in person . . . . . . . . . . . 285 443 Authorised person's general powers for places . . . . . . . . . . . . . . 286 Part 3 Other enforcement matters 444 Procedure after document seized . . . . . . . . . . . . . . . . . . . . . . . . 288 445 Power to require information from certain persons. . . . . . . . . . . . 288 446 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 289 447 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 290 448 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 290 449 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291 450 Agreement to entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292 451 Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 452 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 293 453 Impersonation of authorised person. . . . . . . . . . . . . . . . . . . . . . . 293 Chapter 8 Causing nuisance in moveable dwelling parks 454 Behaviour in moveable dwelling park causing serious nuisance . 294 455 Application to tribunal for order to exclude person from park . . . . 294 456 Order of tribunal excluding person from park . . . . . . . . . . . . . . . . 295 Chapter 9 Tenancy databases 457 Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 296 458 Non-application to internal databases . . . . . . . . . . . . . . . . . . . . . 297 459 Restriction on listing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 460 Application to tribunal about breach . . . . . . . . . . . . . . . . . . . . . . . 298 461 Application to tribunal about incorrect or unjust listing . . . . . . . . . 298 Page 18

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 462 Application to tribunal about proposed listing. . . . . . . . . . . . . . . . 300 463 Offence of contravening tribunal order . . . . . . . . . . . . . . . . . . . . . 300 464 Order for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Chapter 10 Residential Tenancies Authority Part 1 Establishment of authority 465 Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 466 Legal status of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 467 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 Part 2 Functions and powers of authority 468 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 469 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303 470 Reserve power of Minister to give directions in public interest . . . 303 Part 3 The board 471 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 472 Role of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 473 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 474 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 475 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Part 4 Proceedings of the board 476 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 477 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305 478 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306 479 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 Part 5 Financial matters 480 Application of Financial Administration and Audit Act . . . . . . . . . 307 481 Authority is statutory body for Statutory Bodies Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307 482 Administration budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308 Part 6 Other things about the authority 483 Authority may enter into work performance arrangements. . . . . . 308 484 Seal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 485 Application of certain Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 486 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Part 7 Chief executive officer 487 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 310 488 Chief executive officer not to engage in other paid employment . 310 Page 19

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents 489 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311 490 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 311 Chapter 11 Residential Tenancies Employing Office Part 1 Establishment and functions of employing office 491 Establishment of employing office . . . . . . . . . . . . . . . . . . . . . . . . 311 492 Employing office represents the State . . . . . . . . . . . . . . . . . . . . . 312 493 Functions of employing office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312 Part 2 Executive officer 494 Appointment of executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . 312 495 Executive officer acting for employing office. . . . . . . . . . . . . . . . . 313 496 Delegation by executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . 313 Part 3 Staff of employing office 497 Employing office may employ staff . . . . . . . . . . . . . . . . . . . . . . . . 313 498 Employing office may enter into work performance arrangements ................................ 314 Part 4 Other provisions 499 Employing office is statutory body . . . . . . . . . . . . . . . . . . . . . . . . 315 500 Application of Crime and Misconduct Act 2001 . . . . . . . . . . . . . . 315 Chapter 12 Legal proceedings Part 1 Application 501 Application of ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 Part 2 Evidence 502 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 503 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 504 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 505 Statement of complainant's knowledge . . . . . . . . . . . . . . . . . . . . 317 506 Condition reports for residential tenancy . . . . . . . . . . . . . . . . . . . 317 507 Condition report for rooming accommodation . . . . . . . . . . . . . . . 318 508 Rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 318 509 Indications a resident has abandoned a room . . . . . . . . . . . . . . . 318 Part 3 Proceedings 510 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319 511 Attempts to commit offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320 512 Responsibility for act or omission of representative . . . . . . . . . . . 320 513 Executive officers must ensure corporation complies with Act. . . 321 Page 20

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Part 4 Offence about giving false or misleading document to authority 514 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 322 Chapter 13 Miscellaneous 515 Authority may provide addresses to tribunal . . . . . . . . . . . . . . . . 322 516 Applications for more than prescribed amount . . . . . . . . . . . . . . . 323 517 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323 518 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 519 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 520 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324 521 Non-application of Act to long-term leases on Hamilton Island . . 325 522 Non-application of Act to long-term leases for Hayman Island. . . 325 523 Non-application of Act to long-term leases for Pacific Mirage . . . 326 524 Non-application of Act to long-term leases within prescribed land ......................................... 326 525 Giving notice to resident with impaired or limited capacity. . . . . . 327 526 Reporting a matter relating to the Residential Services (Accreditation) Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 527 Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 Chapter 14 Repeal, savings and transitional provisions Part 1 Repeal provisions 528 Repeal of Residential Tenancies Act 1994. . . . . . . . . . . . . . . . . . 330 529 Repeal of Residential Services (Accommodation) Act 2002 . . . . 331 Part 2 Savings and transitional provisions Division 1 Interpretation 530 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 Division 2 Transitional references 531 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332 532 References to Residential Tenancies Act 1994 . . . . . . . . . . . . . . 332 533 References to Residential Services (Accommodation) Act 2002 . 332 Division 3 The authority 534 Authority continues under this Act . . . . . . . . . . . . . . . . . . . . . . . . 333 535 Continuation of appointment of chief executive officer . . . . . . . . . 333 536 Existing employees of authority . . . . . . . . . . . . . . . . . . . . . . . . . . 333 Division 4 The authority's board 537 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 333 Page 21

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Division 5 Employing office 538 Employing office continues under this Act . . . . . . . . . . . . . . . . . . 334 539 Continuation of appointment of executive officer . . . . . . . . . . . . . 334 540 Existing employees of employing office . . . . . . . . . . . . . . . . . . . . 334 Division 6 Authorised persons and conciliators 541 Authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 542 Conciliators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335 Division 7 Existing agreements 543 Existing agreements continue under this Act . . . . . . . . . . . . . . . . 335 Division 8 Agreements to which repealed Acts would not have applied 544 Agreements to which repealed Acts did not apply or would not have applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336 Division 9 Rental bonds 545 Existing rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 546 Rental bond held for agreements to which repealed Acts did not apply or would not have applied . . . . . . . . . . . . . . . . . . . . . . . . . . 337 547 Rental bonds held for premises or rooming accommodation on university campus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 548 Payment of rental bond held when agreement under s 544(3) entered into . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 338 Division 10 Notices given, or applications or requests made, by parties to agreements 549 Notices given, or applications or requests made, under repealed Act continue under that Act . . . . . . . . . . . . . . . . . . . . . . 338 550 Notices given, or applications or requests made, under this Act for matters happening before commencement. . . . . . . . . . . . . . . 340 Division 11 Other transitional provisions 551 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 340 552 Transitional regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 Chapter 15 Consequential amendments 553 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341 554 Amendment of regulations does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 Schedule 1 Consequential amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 343 Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 . . . . . . . . . . . . . . . . . . . . . . . . 343 Aboriginal Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344 Building Fire Safety Regulation 2008 . . . . . . . . . . . . . . . . . . . . . . 344 Page 22

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Contents Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 345 Domestic and Family Violence Protection Act 1989. . . . . . . . . . . 345 Domestic Building Contracts Act 2000 . . . . . . . . . . . . . . . . . . . . . 346 Education (General Provisions) Act 2006. . . . . . . . . . . . . . . . . . . 346 Electrical Safety Regulation 2002 . . . . . . . . . . . . . . . . . . . . . . . . 346 Family Responsibilities Commission Act 2008 . . . . . . . . . . . . . . . 347 Fire and Rescue Service Act 1990. . . . . . . . . . . . . . . . . . . . . . . . 347 Housing Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 348 Housing Regulation 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 349 Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Land Tax Act 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351 Manufactured Homes (Residential Parks) Act 2003. . . . . . . . . . . 351 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 351 Police Powers and Responsibilities Regulation 2000 . . . . . . . . . . 352 Property Agents and Motor Dealers Act 2000 . . . . . . . . . . . . . . . 352 Property Agents and Motor Dealers (Auctioneering Practice Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . . . . . . . . 354 Property Agents and Motor Dealers (Real Estate Agency Practice Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . 354 Property Agents and Motor Dealers (Restricted Letting Agency Practice Code of Conduct) Regulation 2001 . . . . . . . . . . . . . . . . 354 Public Service Regulation 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . 355 Residential Services (Accreditation) Act 2002 . . . . . . . . . . . . . . . 355 Small Claims Tribunal Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . 355 Statutory Bodies Financial Arrangements Regulation 2007. . . . . 356 Succession Act 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 Torres Strait Islander Land Act 1991 . . . . . . . . . . . . . . . . . . . . . . 357 Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358 Page 23

 


 

 

2008 A Bill for An Act about residential tenancy agreements, rooming accommodation agreements, and related matters

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 1 Introduction [s 1] The Parliament of Queensland enacts-- 1 Chapter 1 Preliminary 2 Part 1 Introduction 3 1 Short title 4 This Act may be cited as the Residential Tenancies and 5 Rooming Accommodation Act 2008. 6 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 3 Act binds all persons 9 (1) This Act binds all persons, including the State and, so far as 10 the legislative power of the Parliament permits, the 11 Commonwealth and the other States. 12 (2) However, some provisions of this Act do not apply to the 13 State. 14 Examples of provisions not applying to State-- 15 1 section 91 (Rent increases) 16 2 section 92 (Tenant's application to tribunal about rent increase) 17 3 section 163 (Outgoings other than service charges) 18 (3) Nothing in this Act makes the Commonwealth or a State 19 liable to be prosecuted for an offence. 20 Page 26

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 2 Objects of Act [s 4] 4 Rights and remedies of persons 1 (1) A right or remedy given to a person under this Act is in 2 addition to, and not in substitution for, a right or remedy the 3 person would have apart from this Act. 4 (2) Without limiting subsection (1), this Act does not operate to 5 reduce the effect of a right or remedy a person would have 6 apart from this Act. 7 (3) In subsections (1) and (2), a reference to a right or remedy a 8 person would have apart from this Act is a reference to a right 9 or remedy that is not inconsistent with this Act. 10 Part 2 Objects of Act 11 5 Objects of Act 12 (1) The main objects of this Act are to state the rights and 13 obligations of-- 14 (a) tenants, lessors and agents for residential tenancies; and 15 (b) residents, providers and agents for rooming 16 accommodation. 17 (2) The objects are mainly achieved by-- 18 (a) regulating the making, content, operation and ending of 19 residential tenancy agreements and rooming 20 accommodation agreements; and 21 (b) providing for the resolution of disputes about residential 22 tenancy agreements and rooming accommodation 23 agreements; and 24 (c) providing for the authority to receive, hold and pay 25 rental bonds; and 26 (d) providing for compliance with this Act to be monitored 27 and enforced; and 28 Page 27

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 3 Interpretation [s 6] (e) providing for the establishment, functions and powers of 1 the authority. 2 Part 3 Interpretation 3 Division 1 Location of definitions 4 6 Definitions and dictionary 5 (1) The dictionary in schedule 2 defines particular words used in 6 this Act. 7 (2) The key terms and definitions found elsewhere in the Act are 8 signposted in the dictionary. 9 Division 2 Meaning of key terms for residential 10 tenancies 11 7 Caravan 12 (1) A caravan is a trailer-- 13 (a) designed principally for residential purposes; and 14 (b) designed to be attached to and towed by a self-propelled 15 vehicle; and 16 (c) that, as originally designed, was capable of being 17 registered under a law of the State about the use of 18 vehicles on public roads. 19 (2) Also, a caravan is something-- 20 (a) not fitted with wheels; and 21 Page 28

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 3 Interpretation [s 8] (b) not designed for permanent attachment to land but 1 designed for attachment to a motor vehicle and for use 2 for residential purposes. 3 (3) In addition, a caravan is a self-propelled vehicle-- 4 (a) that-- 5 (i) is designed to be used both as a vehicle and for 6 residential purposes; or 7 (ii) was designed to be used solely as a vehicle but has 8 been modified to be suitable for use both as a 9 vehicle and for residential purposes; and 10 (b) that, as originally designed, was capable of being 11 registered under a law of the State about the use of 12 vehicles on public roads. 13 8 Lessor 14 (1) A lessor is the person who gives the right to occupy 15 residential premises under a residential tenancy agreement. 16 Note-- 17 Under the Acts Interpretation Act 1954, section 35A (References to 18 person with interest in land includes personal representative etc.), a 19 reference in an Act to a person as lessor includes a reference to the 20 person's personal representatives, successors and assigns. 21 (2) A lessor also includes-- 22 (a) the person who is to give the right to occupy residential 23 premises under a proposed residential tenancy 24 agreement; and 25 (b) a tenant who has given, or is to give, the right to occupy 26 residential premises to a subtenant. 27 9 Premises 28 (1) Premises, for a residential tenancy, include a part of premises 29 and land occupied with premises. 30 Page 29

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 3 Interpretation [s 10] (2) Premises, for a residential tenancy, also include-- 1 (a) a caravan or its site, or both the caravan and site; and 2 (b) a manufactured home in, or intended to be situated in, a 3 moveable dwelling park or its site, or both the 4 manufactured home and site; and 5 (c) a houseboat. 6 10 Residential premises 7 Residential premises are premises used, or intended to be 8 used, as a place of residence or mainly as a place of residence. 9 11 Residential tenancy 10 A residential tenancy is the right to occupy residential 11 premises under a residential tenancy agreement. 12 12 Residential tenancy agreement 13 (1) A residential tenancy agreement is an agreement under 14 which a person gives to someone else a right to occupy 15 residential premises as a residence. 16 (2) Subsection (1) applies whether or not the right is a right of 17 exclusive occupation. 18 (3) Subsection (1) also applies whether the agreement is-- 19 (a) wholly in writing, wholly oral or wholly implied; or 20 (b) partly in a form mentioned in paragraph (a) and partly in 21 1 or both of the other forms. 22 (4) An agreement is not a residential tenancy agreement if it is a 23 rooming accommodation agreement. 24 (5) However, an agreement is a residential tenancy agreement if it 25 is taken to be a residential tenancy agreement under section 26 18. 27 Page 30

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 3 Interpretation [s 13] 13 Tenant 1 (1) A tenant is the person to whom the right to occupy residential 2 premises under a residential tenancy agreement is given. 3 Note-- 4 Under the Acts Interpretation Act 1954, section 35A (References to 5 person with interest in land includes personal representative etc.), a 6 reference in an Act to a person as lessee includes a reference to the 7 person's personal representatives, successors and assigns. Under section 8 36 (Meaning of commonly used words and expressions) of that Act, a 9 lessee includes a tenant. 10 (2) A tenant also includes-- 11 (a) the person to whom the right to occupy residential 12 premises is to be given under a proposed residential 13 tenancy agreement; and 14 (b) the subtenant of a tenant. 15 Division 3 Meaning of key terms for rooming 16 accommodation 17 14 Resident 18 Resident means a person-- 19 (a) who, in rental premises, occupies 1 or more rooms as 20 the person's only or main residence; and 21 (b) who is not-- 22 (i) the provider; or 23 (ii) a relative of the provider. 24 15 Rooming accommodation 25 (1) Rooming accommodation is accommodation occupied or 26 available for occupation by residents, in return for the 27 payment of rent, if each of the residents-- 28 Page 31

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 3 Interpretation [s 16] (a) has a right to occupy 1 or more rooms; and 1 (b) does not have a right to occupy the whole of the 2 premises in which the rooms are situated; and 3 (c) does not occupy a self-contained unit; and 4 (d) shares other rooms, or facilities outside of the resident's 5 room, with 1 or more of the other residents. 6 Example for paragraph (d)-- 7 a boarding house in which each of the residents occupies a room 8 and shares a bathroom, kitchen, dining room and common room 9 with the other residents 10 (2) For subsection (1), it is immaterial whether or not-- 11 (a) the rooms are in the same premises; or 12 (b) the resident is provided with a food service, personal 13 care service or other service. 14 16 Rooming accommodation agreement 15 (1) A rooming accommodation agreement is an agreement under 16 which a provider provides rooming accommodation to a 17 resident in rental premises. 18 (2) Subsection (1) applies whether the agreement is-- 19 (a) entirely in writing, entirely oral or entirely implied; or 20 (b) partly in a form mentioned in paragraph (a) and partly in 21 1 or both of the other forms. 22 (3) However, an agreement is not a rooming accommodation 23 agreement if it is taken to be a residential tenancy agreement 24 under section 18. 25 17 Provider 26 A provider is a person who provides rooming accommodation 27 to residents. 28 Page 32

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 18] Part 4 Application and operation of 1 Act 2 Division 1 Matters relating to residential 3 tenancies and rooming 4 accommodation 5 18 Opting in as residential tenancy agreement 6 (1) This section applies to rooming accommodation to which this 7 Act applies. 8 (2) If the parties to an agreement for the accommodation sign the 9 agreement stating that it is a residential tenancy agreement, 10 the agreement is taken to be a residential tenancy agreement. 11 (3) This Act applies to the agreement despite section 32(1). 12 (4) A person does not contract out of the provisions of this Act 13 merely because the person signs an agreement under 14 subsection (2). 15 19 References to agreements 16 In this Act, unless a contrary intention appears, a reference to 17 an agreement is-- 18 (a) for a residential tenancy, a reference to a residential 19 tenancy agreement to which this Act applies; or 20 (b) for rooming accommodation, a reference to a rooming 21 accommodation agreement to which this Act applies. 22 20 Reference to lessors and tenants 23 In this Act, unless a contrary intention appears, a reference to 24 a lessor or tenant is a reference to a lessor or tenant under a 25 residential tenancy agreement to which this Act applies. 26 Page 33

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 21] 21 Reference to providers and residents 1 In this Act, unless a contrary intention appears, a reference to 2 a provider or resident is a reference to a provider or resident 3 under a rooming accommodation agreement to which this Act 4 applies. 5 22 References to premises 6 In this Act, unless a contrary intention appears, a reference to 7 premises is a reference to a residential premises under a 8 residential tenancy agreement to which this Act applies. 9 23 References to tenancies 10 In this Act, unless a contrary intention appears, a reference to 11 a tenancy or residential tenancy is a reference to a residential 12 tenancy under a residential tenancy agreement to which this 13 Act applies. 14 24 Provision stating that lessor or lessor's agent or provider 15 or provider's agent must do something 16 (1) This section applies to a provision of this Act stating that the 17 lessor or lessor's agent must do something (the required act). 18 (2) The reference in the provision to the lessor's agent is a 19 reference to a person who is the agent of the lessor to do the 20 required act. 21 (3) If the required act is done, whether by the agent or personally 22 by the lessor, both the lessor and the agent are taken to have 23 complied with the provision. 24 (4) If the required act is omitted to be done, both the lessor and 25 the agent are taken to have contravened the provision and, if 26 the contravention is an offence-- 27 (a) each of them may be dealt with for the offence; and 28 (b) section 512(3) applies to a proceeding for the offence. 29 Page 34

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 25] (5) In this section-- 1 (a) a reference to the lessor is taken to include a reference to 2 the provider; and 3 (b) a reference to the lessor's agent is taken to be a reference 4 to the provider's agent. 5 25 Lessor's or provider's agent 6 A reference in a provision of this Act to something being done 7 by a lessor or provider, without mentioning an agent of the 8 lessor or provider, does not, by implication, limit the extent to 9 which the thing may be done by an agent of the lessor or 10 provider. 11 26 State as lessor 12 (1) This Act does not apply to a lease, even if the lease is for, or 13 for purposes that include, residential purposes, if-- 14 (a) the lease is granted under the authority of an authorising 15 law; and 16 (b) the State is the lessor. 17 (2) However, if the lessee sublets the land or a part of the land, 18 under the authorising law, this Act applies to the sublease to 19 the extent to which this Act is not inconsistent with the 20 authorising law. 21 (3) To remove any doubt, it is declared that this Act does not 22 apply to a long-term lease entered into or granted by the South 23 Bank Corporation in relation to premises within the South 24 Bank corporation area even if the lease is for, or for purposes 25 that include, residential purposes. 26 (4) However, if the lessee of a lease mentioned in subsection (3) 27 sublets the land or a part of the land for, or for purposes that 28 include, residential purposes, this Act applies to the sublease. 29 Page 35

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 27] (5) In this section-- 1 authorising law means an Act other than this Act, the 2 repealed State Housing Act 1945 or the Housing Act 2003 . 3 long-term lease means-- 4 (a) a lease for a term, including renewal options, of at least 5 100 years; or 6 (b) a perpetual lease as defined under the South Bank 7 Corporation Act 1989. 8 South Bank corporation area means the corporation area as 9 defined under the South Bank Corporation Act 1989. 10 27 Application of Property Law Act to agreements 11 (1) The Property Law Act 1974 does not apply to residential 12 tenancy agreements. 13 (2) Nothing in subsection (1) affects the application of the 14 Property Law Act 1974 to an agreement about a tenancy if the 15 agreement is not a residential tenancy agreement. 16 28 Minor has capacity to enter into agreements 17 (1) A minor has the capacity to enter into a residential tenancy 18 agreement or rooming accommodation agreement. 19 (2) An agreement entered into by a minor is enforceable in the 20 same way as if the agreement had been entered into by an 21 adult. 22 Division 2 Residential tenancy agreements to 23 which this Act applies and does not 24 apply 25 29 Act applies to certain residential tenancy agreements etc. 26 (1) This Act applies to residential tenancy agreements and to-- 27 Page 36

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 30] (a) lessors, tenants and their respective rights and 1 obligations under residential tenancy agreements; and 2 (b) premises under residential tenancy agreements; and 3 (c) a tenancy under a residential tenancy agreement. 4 (2) However, this Act does not apply to all residential tenancy 5 agreements. 6 Examples of residential tenancy agreements to which this Act does not 7 apply-- 8 1 Under section 26, this Act does not apply to a lease given by the 9 State under certain other Acts. 10 2 Under section 31, this Act does not apply to an agreement giving a 11 right of occupancy for holiday purposes. 12 3 Under section 32, this Act generally does not apply to an agreement 13 if the tenant is a boarder or lodger. 14 4 Under sections 33 and 34, this Act generally does not apply to an 15 agreement for premises that are part of an educational institution, 16 hospital, nursing home or retirement village. 17 5 Under section 36, this Act does not apply to certain agreements 18 under which the tenant is being supplied with temporary refuge 19 accommodation. 20 6 Under section 37, this Act does not apply to agreements under the 21 Manufactured Homes (Residential Parks) Act 2003. 22 7 Under sections 521, 522, 523 and 524, this Act does not apply to 23 certain long-term leases. 24 30 Contracts of sale and mortgages 25 This Act does not apply to an agreement for a tenancy if the 26 tenancy is created or arises-- 27 (a) between the parties to a contract of sale of residential 28 premises under a term of the contract and the tenancy is 29 for a period of 28 days or less; or 30 (b) between the parties to a mortgage of residential 31 premises under a term of the mortgage. 32 Page 37

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 31] 31 Premises used for holidays 1 (1) This Act does not apply to a residential tenancy agreement if 2 the right of occupancy of the premises is given for holiday 3 purposes. 4 (2) For subsection (1), a right to occupy premises given for 6 5 weeks or longer is taken not to be given for holiday purposes 6 unless the contrary is proved. 7 32 Boarders and lodgers 8 (1) This Act does not apply to a residential tenancy agreement if the tenant is a boarder or lodger. 1 90 (2) However, if a rental bond is paid for a residential tenancy 11 agreement under which the tenant is a boarder or lodger, the 12 provisions of this Act about rental bonds apply to the 13 agreement. 14 Editor's note-- 15 See section 433 for the matters to which the tribunal must have regard in 16 deciding whether a person is a boarder or lodger. 17 33 Educational institutions 18 (1) This Act does not apply to a residential tenancy agreement for 19 premises used for-- 20 (a) accommodation for school students-- 21 (i) provided as part of, or under an agreement with, a 22 school; or 23 (ii) arranged by a school for students of another 24 school; or 25 (iii) provided with financial assistance from the 26 education department; or 27 (b) accommodation for students within the external 28 boundary of a university's campus provided-- 29 (i) by the university; or 30 Page 38

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 34] (ii) by an entity, other than the university, if the 1 accommodation is provided other than for the 2 purpose of making a profit. 3 (2) Subsection (1)(b)(ii) applies even if the accommodation is 4 provided on land owned by the entity within the external 5 boundaries of a university campus. 6 (3) Despite subsection (1), if a rental bond is paid for a residential 7 tenancy within the external boundary of a university's 8 campus, the provisions of this Act about rental bonds apply to 9 the agreement. 10 34 Hospitals, nursing homes and retirement villages 11 (1) This Act does not apply to a residential tenancy agreement for 12 premises that are part of a hospital, nursing home or 13 retirement village. 14 (2) However, this Act applies to a residential tenancy agreement 15 for premises mentioned in subsection (1) if-- 16 (a) the premises are used as a person's place of residence 17 under the person's employment at the hospital, nursing 18 home or retirement village; or 19 (b) the premises are used as a person's place of residence at 20 the retirement village and the person resides in the 21 premises other than under-- 22 (i) a residence contract under the Retirement Villages 23 Act 1999; or 24 (ii) section 70B of the Retirement Villages Act 1999. 25 35 Rental purchase plan agreements 26 This Act does not apply to residential tenancy agreements that 27 are rental purchase plan agreements. 28 Page 39

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 36] 36 Temporary refuge accommodation 1 This Act does not apply to a residential tenancy agreement if 2 the tenant is being supplied with temporary refuge 3 accommodation at the premises and the accommodation is not 4 approved supported accommodation. 5 37 Agreements under Manufactured Homes (Residential 6 Parks) Act 2003 7 (1) This Act does not apply to a residential tenancy agreement if 8 the agreement is a site agreement. 9 (2) However, subsection (1) does not prevent this Act from 10 applying to a subsequent agreement. 11 (3) In this section-- 12 subsequent agreement means an agreement under which a 13 home owner becomes a lessor under this Act. 14 38 Headleases for employee housing 15 (1) This Act does not apply to an agreement relating to the letting 16 of premises (the headlease) entered into by the 17 Commonwealth, the State, a local government or a 18 corporation as tenant for the purpose of subletting the 19 premises to an employee of the tenant. 20 (2) Subsection (1) does not prevent this Act from applying to a 21 residential tenancy agreement under which the tenant under 22 the headlease lets the premises to an employee of the tenant. 23 (3) This section applies only to a headlease entered into after the 24 commencement of this section. 25 39 Headleases for affordable housing agreements 26 (1) This Act does not apply to an agreement relating to the letting 27 of premises (the headlease) entered into by the 28 Commonwealth, the State, a local government or a non-profit 29 Page 40

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 40] corporation as tenant for the purpose of subletting the 1 premises to a person under an affordable housing scheme. 2 (2) Subsection (1) does not prevent this Act from applying to a 3 residential tenancy agreement under which the tenant under 4 the headlease lets the premises to a person whose right of 5 occupancy arises under an affordable housing scheme. 6 40 Hotels and motels 7 This Act applies to a residential tenancy agreement even if the 8 premises are part of a hotel or motel. 9 41 Headleases for approved supported accommodation 10 (1) This Act does not apply to an agreement relating to the letting 11 of premises (the headlease) entered into by an entity as tenant 12 for the purpose of using the premises to provide approved 13 supported accommodation. 14 (2) Subsection (1) does not prevent this Act from applying to a 15 residential tenancy agreement under which the tenant under 16 the headlease lets the premises to a person to provide the 17 person with approved supported accommodation. 18 (3) Despite subsection (2), this Act does not apply to an 19 agreement under which the tenant's right of occupancy arises 20 out of approved supported accommodation if the tenant has 21 occupied the premises under the agreement for a continuous 22 period of not more than 13 weeks. 23 (4) If the tenant under an agreement about approved supported 24 accommodation has occupied the premises under the 25 agreement for a continuous period of more than 13 weeks, the 26 Act applies to the agreement as if the tenant's occupancy 27 started on the day after the 13 week period ended. 28 42 Intensive drug rehabilitation order 29 (1) This section applies if-- 30 Page 41

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 43] (a) an intensive drug rehabilitation order under the Drug 1 Court Act 2000 requires the person who is the subject of 2 the order to reside at certain residential premises during 3 the currency of the person's rehabilitation program 4 under the order; and 5 (b) the person is the tenant under a residential tenancy 6 agreement for the premises. 7 (2) The Act does not apply to the agreement or premises during 8 the currency of the rehabilitation program. 9 Division 3 Rooming accommodation 10 agreements to which this Act 11 applies and does not apply 12 43 Act applies to certain rooming accommodation 13 agreements etc. 14 (1) This Act applies to rooming accommodation agreements and 15 to-- 16 (a) providers, residents and their respective rights and 17 obligations under rooming accommodation agreements; 18 and 19 (b) rental premises under rooming accommodation 20 agreements. 21 (2) However, this Act does not apply to all rooming 22 accommodation agreements. 23 44 Rooming accommodation agreements to which Act does 24 not apply 25 (1) The Act does not apply to rooming accommodation 26 agreements relating to the following rooming 27 accommodation-- 28 (a) accommodation provided by a person in premises if-- 29 Page 42

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 44] (i) the premises are the person's only or main place of 1 residence; and 2 (ii) not more than 3 rooms in the premises are 3 occupied, or available for occupation, by residents; 4 (b) aged care accommodation provided by an approved 5 provider under the Aged Care Act 1997 (Cwlth); 6 (c) accommodation provided at an authorised mental health 7 service under the Mental Health Act 2000; 8 (d) accommodation provided in a private hospital under a 9 licence in force under the Private Health Facilities Act 10 1999; 11 (e) accommodation for school students-- 12 (i) provided as part of, or under an agreement with, a 13 school; or 14 (ii) arranged by a school for students of another 15 school; or 16 (iii) provided with financial assistance from the 17 education department; 18 (f) accommodation for students within the external 19 boundaries of a university's campus provided-- 20 (i) by the university; or 21 (ii) by an entity, other than the university, if the 22 accommodation is provided other than for the 23 purpose of making a profit; 24 (g) accommodation provided to holiday makers or 25 travellers; 26 Examples-- 27 motel, bed and breakfast facility, backpackers' hostel 28 (h) accommodation provided under the program known as 29 the Supported Accommodation Assistance Program; 30 Page 43

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 45] (i) accommodation provided under funding given by, or in 1 premises owned by, Aboriginal Hostels Limited ACN 2 008 504 587; 3 (j) accommodation for a person at a retirement village if 4 the person resides in the accommodation under-- 5 (i) a residence contract under the Retirement Villages 6 Act 1999; or 7 (ii) section 70B of the Retirement Villages Act 1999; 8 (k) other accommodation prescribed under a regulation not 9 to be rooming accommodation. 10 (2) Subsection (1)(f)(ii) applies even if the accommodation is 11 provided on land owned by the entity within the external 12 boundaries of a university's campus. 13 (3) Despite subsection (1)(f), if a rental bond is paid for rooming 14 accommodation within the external boundary of a university's 15 campus, the provisions of this Act about rental bonds apply to 16 the agreement. 17 (4) For subsection (1)(g), a right to occupy given for 6 weeks or 18 longer is taken not to be given for holiday or travel purposes 19 unless the contrary is proved. 20 Division 4 Moveable dwelling premises 21 45 Application of div 4 22 This division applies only to agreements for moveable 23 dwelling premises. 24 46 Purpose of division 25 (1) This division provides for the classifying of tenancies of 26 moveable dwelling premises as either short or long tenancies. 27 Page 44

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 47] (2) For some matters, the way this Act applies to a residential 1 tenancy of moveable dwelling premises depends on whether 2 the tenancy is a short or long tenancy. 3 Examples-- 4 1 Section 61 (which requires written agreements) applies to a long 5 tenancy (moveable dwelling), but does not apply to a short tenancy 6 (moveable dwelling). 7 2 Section 68 requires a copy of park rules to be given to the tenant at 8 different times depending on whether the tenancy is a long tenancy 9 (moveable dwelling) or short tenancy (moveable dwelling). 10 47 Short tenancy statements 11 (1) If the lessor and tenant intend that the tenant's occupation of 12 the premises is not to continue for more than 42 days (the base 13 period), they may make a written statement to that effect (the 14 short tenancy statement). 15 (2) The short tenancy statement must be made before, or when, 16 the tenancy starts. 17 48 Extending short tenancy statements 18 (1) If the parties make a short tenancy statement, they may make 19 another written statement (the short tenancy (extension) 20 statement) agreeing that this Act should continue to apply to 21 the tenancy for another period stated in the statement (the 22 extended period) in the same way it applies during the base 23 period. 24 (2) A short tenancy (extension) statement may only be made in 25 the base period. 26 (3) Only 1 short tenancy (extension) statement may be made 27 about the tenancy. 28 (4) The extended period may not be more than 42 days. 29 Page 45

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 1 Preliminary Part 4 Application and operation of Act [s 49] 49 Setting aside short tenancy (extension) statements 1 (1) If the parties made a short tenancy (extension) statement, the 2 tenant may apply to a tribunal for an order setting aside the 3 statement because the lessor exerted undue influence on the 4 tenant to make the statement. 5 (2) The tribunal may make the order if it is satisfied the tenant has 6 established the ground of the application. 7 50 Short tenancies 8 For any period for which a short tenancy statement or short 9 tenancy (extension) statement applies to the tenancy, the 10 tenancy is a short tenancy (moveable dwelling). 11 51 Long tenancies 12 If the tenancy is not a short tenancy (moveable dwelling), it is 13 a long tenancy (moveable dwelling). 14 Page 46

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 52] Chapter 2 Residential tenancy 1 agreements and rooming 2 accommodation 3 agreements 4 Part 1 Agreements 5 Division 1 Residential tenancy agreements 6 Subdivision 1 General provisions 7 52 Terms of agreements include duties under Act etc. 8 (1) If, under this Act, a duty is imposed on, or an entitlement is 9 given to, a lessor or tenant, the duty or entitlement is taken to 10 be included as a term of the residential tenancy agreement. 11 (2) For premises, other than moveable dwelling premises, the 12 by-laws under the Body Corporate and Community 13 Management Act 1997 or Building Units and Group Titles Act 14 1980 for the time being in force, that apply to the occupation 15 of the premises by the tenant, are also taken to be included as 16 terms of the agreement. 17 (3) If the premises are moveable dwelling premises in a moveable 18 dwelling park, any park rules for the time being in force are 19 also taken to be included as terms of the agreement. 20 (4) If there is a conciliation agreement in force about the 21 residential tenancy agreement, the terms of the conciliation 22 agreement are also taken to be included as terms of the 23 residential tenancy agreement. 24 (5) This section applies even if the duty, entitlement or rule is not 25 included as a term of a written agreement. 26 Page 47

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 53] 53 Contracting out prohibited 1 (1) An agreement or arrangement is void to the extent to which it 2 purports to exclude, change or restrict the application or 3 operation of a provision of this Act about the terms of a 4 residential tenancy agreement. 5 (2) A person must not enter into an agreement or arrangement 6 with the intention, either directly or indirectly, of defeating, 7 evading or preventing the operation of this Act. 8 Maximum penalty--50 penalty units. 9 (3) In this section-- 10 agreement includes an agreement that is not a residential 11 tenancy agreement. 12 54 Inconsistency 13 (1) If a provision of this Act is inconsistent with a term of a 14 residential tenancy agreement, the provision prevails and the 15 term is void to the extent of the inconsistency. 16 (2) If a standard term of a residential tenancy agreement is 17 inconsistent with a special term of the agreement, the standard 18 term prevails and the special term is void to the extent of the 19 inconsistency. 20 55 Standard terms 21 (1) A regulation may prescribe terms for inclusion in a residential 22 tenancy agreement. 23 (2) The terms prescribed for this section are the standard terms of 24 a residential tenancy agreement. 25 56 Special terms 26 The special terms, of a residential tenancy agreement, are the 27 terms of the agreement that are not-- 28 Page 48

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 57] (a) standard terms; or 1 (b) terms included in the agreement under section 52(1). 2 57 Premises must be offered for rent at a fixed amount 3 (1) A lessor or lessor's agent must not advertise or otherwise offer 4 a residential tenancy for premises unless a fixed amount is 5 stated in the advertisement or offer as the amount of rent for 6 the premises. 7 Maximum penalty--20 penalty units. 8 (2) A lessor or lessor's agent must not accept a rental bond from 9 the tenant of premises if the residential tenancy for the 10 premises was advertised or offered without stating a fixed 11 amount of rent for the premises. 12 Maximum penalty--20 penalty units. 13 (3) A person does not contravene this section merely by placing a 14 sign on or near premises advertising or offering a residential 15 tenancy for the premises without stating the amount of rent for 16 the premises on the sign. 17 58 Lessor must give documents to prospective tenant 18 (1) The lessor or lessor's agent must give a prospective tenant for 19 a residential tenancy the document prepared for section 61 20 before doing any of the following-- 21 (a) accepting a document from the prospective tenant that 22 commits the tenant-- 23 (i) to enter into the tenancy; or 24 (ii) to pay an amount in relation to the tenancy; 25 (b) accepting an amount in relation to the tenancy; 26 (c) entering into a residential tenancy agreement for the 27 tenancy. 28 Maximum penalty--20 penalty units. 29 Page 49

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 59] (2) For, subsection (1)(b), a person is not taken to accept an 1 amount in relation to a tenancy if the only amount the person 2 accepts is a key deposit. 3 (3) This section does not apply to an agreement for a short 4 tenancy (moveable dwelling). 5 59 Restriction on amounts that may be taken from 6 prospective tenant 7 The lessor or lessor's agent must not take an amount from a 8 prospective tenant for a residential tenancy other than the 9 following-- 10 (a) a key deposit; 11 (b) a holding deposit; 12 (c) a rental bond; 13 (d) rent. 14 Maximum penalty--20 penalty units. 15 60 Orders of tribunal relating to noncompliance with s 58 or 16 59 17 (1) Subsection (2) applies if a tenant or prospective tenant 18 believes that the lessor or lessor's agent has contravened or 19 failed to comply with section 58 or 59. 20 (2) The tenant or prospective tenant may apply to the tribunal for 21 an order about the contravention or failure to comply. 22 (3) The tribunal may make 1 or more of the following orders-- 23 (a) that the lessor or lessor's agent pay an amount to the 24 tenant or prospective tenant; 25 (b) that a residential tenancy agreement entered into is of no 26 effect; 27 Page 50

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 61] (c) an order varying the terms of the residential tenancy 1 agreement; 2 (d) any other order the tribunal considers appropriate. 3 61 Written agreements required 4 (1) The lessor or lessor's agent must ensure the agreement is in 5 writing to the extent, and in the way, required by this section. 6 Maximum penalty--20 penalty units. 7 (2) The written agreement must-- 8 (a) include the standard terms for the agreement; and 9 (b) include any special terms of the agreement. 10 (3) If, for a standard term to be effective, the term requires stated 11 information to be included in it (including, for example, the 12 names of the parties and a description of the premises) the 13 agreement is taken to include the standard term only if the 14 information is properly included. 15 (4) The agreement must be written in a clear and precise way. 16 (5) The costs of preparing the agreement are payable by the 17 lessor. 18 (6) Nothing in this section-- 19 (a) requires the tenant to prepare the written agreement; or 20 (b) affects the enforceability of an agreement that is not in 21 writing. 22 (7) This section does not apply to-- 23 (a) an agreement for a short tenancy (moveable dwelling); 24 or 25 (b) a periodic agreement mentioned in section 70(2). 26 Page 51

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 62] 62 Giving, signing and keeping written agreement 1 (1) The lessor or lessor's agent must give the document prepared 2 for section 61 to the tenant for signing on or before the day the 3 tenant occupies the premises under the agreement. 4 Maximum penalty--20 penalty units. 5 (2) Within 5 days after receiving the document, the tenant must 6 sign the document and return it to the lessor or lessor's agent. 7 (3) Within 14 days after receiving the document signed by the 8 tenant, the lessor or lessor's agent must sign the document and 9 return a copy signed by both parties to the tenant. 10 Maximum penalty--10 penalty units. 11 (4) This section does not apply to an agreement for a short 12 tenancy (moveable dwelling). 13 63 Period lessor or lessor's agent must keep agreement 14 (1) The lessor or lessor's agent must keep a copy of the agreement 15 prepared for section 61 for a period of 1 year after the term of 16 agreement ends. 17 Maximum penalty--20 penalty units. 18 (2) Subsection (1) applies whether or not the agreement has been 19 signed by all the parties to the agreement. 20 64 Orders of tribunal about giving and signing written 21 agreement 22 (1) If the tenant reasonably believes the lessor has contravened 23 section 62(1), the tenant may apply to a tribunal for an order 24 that the lessor give the relevant document to the tenant for 25 signing by a stated day. 26 (2) If the tenant reasonably believes the lessor has contravened 27 section 62(3), the tenant may apply to a tribunal for an order 28 that the lessor sign the relevant document and return a copy of 29 it to the tenant by a stated day. 30 Page 52

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 65] (3) If the lessor reasonably believes the tenant has contravened 1 section 62(2), the lessor may apply to a tribunal for an order 2 that the tenant sign the relevant document and return it to the 3 lessor by a stated day. 4 (4) If, on an application made to a tribunal by the tenant, the 5 lessor fails to satisfy the tribunal that the lessor acted 6 reasonably in failing to comply with section 62(1) or (3), the 7 tribunal may make the order sought. 8 (5) If, on an application made to a tribunal by the lessor, the 9 tenant fails to satisfy the tribunal that the tenant acted 10 reasonably in failing to comply with section 62(2), the 11 tribunal may order the tenant to sign and return the relevant 12 document to the lessor by a stated day. 13 Subdivision 2 Associated documents 14 65 Condition report at start of tenancy 15 (1) This section applies to a lessor or lessor's agent if the terms of 16 the agreement are required to be in writing. 17 (2) The lessor or agent must on or before the day the tenant 18 occupies the premises under the agreement-- 19 (a) prepare, in the approved form, a condition report for the 20 premises and any inclusions; and 21 (b) sign the report; and 22 (c) give a copy of the report to the tenant. 23 Maximum penalty--20 penalty units. 24 (3) The tenant must, within 3 days after the tenant occupies the 25 premises under the agreement-- 26 (a) sign the copy; and 27 (b) if the tenant does not agree with the report--show the 28 parts of the report the tenant disagrees with by marking 29 the copy in an appropriate way; and 30 Page 53

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 66] (c) return the copy to the lessor or agent. 1 Maximum penalty--20 penalty units. 2 (4) However, if the lessor or agent has not given a copy of the 3 report to the tenant before the tenant occupies the premises, 4 subsection (3) applies to the tenant as if a reference to 5 occupying the premises were a reference to receiving the 6 copy. 7 (5) If the tenant returns the copy of the report to the lessor or 8 agent under subsection (3), the lessor or agent must make a 9 copy of the report and return it to the tenant within 14 days. 10 Maximum penalty--20 penalty units. 11 (6) The lessor or agent must keep, at least until 1 year after the 12 agreement ends-- 13 (a) the signed copy of the report returned to the lessor or 14 agent by the tenant; or 15 (b) if the tenant does not return a signed copy--another 16 copy of the report. 17 Maximum penalty--20 penalty units. 18 66 Condition report at end of tenancy 19 (1) The tenant must-- 20 (a) prepare, in the approved form, a condition report for the 21 premises and any inclusions; and 22 (b) sign the report; and 23 (c) as soon as practicable after the agreement ends, give a 24 copy of the report to the lessor or lessor's agent. 25 (2) The lessor or agent must, within 3 business days after 26 receiving the copy of the report-- 27 (a) sign the copy; and 28 (b) if the lessor or agent does not agree with the 29 report--show the parts of the report the lessor or agent 30 Page 54

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 67] disagrees with by marking the copy in an appropriate 1 way; and 2 (c) if the tenant has given a forwarding address to the lessor 3 or agent--make a copy of the report and return it to the 4 tenant at the address. 5 (3) The lessor or agent must keep a copy of the condition report 6 signed by both parties for at least 1 year after the agreement 7 ends. 8 67 Information statement 9 (1) The lessor or lessor's agent must give to the tenant, as 10 required by this section, a statement in the approved form 11 containing information for the benefit of the tenant. 12 Maximum penalty--10 penalty units. 13 (2) Without limiting subsection (1), the information may be 14 about-- 15 (a) the duties and entitlements of the lessor and tenant; and 16 (b) the procedures for resolving disputes under the 17 agreement (including conciliation processes); and 18 (c) entities to which issues about the agreement may be 19 referred. 20 (3) For an agreement that is not an agreement for a short tenancy 21 (moveable dwelling), the statement must be given to the 22 tenant on the earlier of the following-- 23 (a) when the written agreement is given to the tenant for 24 signing; 25 (b) the day the tenant becomes entitled to occupy the 26 premises under the agreement. 27 (4) For an agreement that is an agreement for a short tenancy 28 (moveable dwelling), the statement must be given to the 29 tenant when the tenancy commences. 30 Page 55

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 68] 68 Park rules 1 (1) This section applies only to moveable dwelling premises in a 2 moveable dwelling park. 3 (2) The lessor or lessor's agent must give to the tenant, as 4 required by this section-- 5 (a) a copy of the park rules; and 6 (b) if a park rule is changed--a copy of the rule as changed. 7 Maximum penalty--20 penalty units. 8 (3) The copy of the park rules must be given to the tenant-- 9 (a) if the tenancy is a long tenancy (moveable 10 dwelling)--when the agreement is given to the tenant 11 for signing; or 12 (b) if the tenancy is a short tenancy (moveable 13 dwelling)--at the start of the agreement. 14 (4) The copy of a park rule as changed must be given to the tenant 15 as soon as practicable after the change takes effect. 16 69 By-laws 17 If by-laws under the Body Corporate and Community 18 Management Act 1997 or Building Units and Group Titles Act 19 1980 are to apply to the occupation of premises by a tenant, 20 the lessor or lessor's agent must give the tenant a copy of the 21 relevant by-laws, when giving the written agreement to the 22 tenant for signing. 23 Maximum penalty--20 penalty units. 24 Subdivision 3 Fixed term agreements 25 70 Continuation of fixed term agreements 26 (1) This section applies to an agreement if-- 27 Page 56

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 71] (a) it creates a residential tenancy for a fixed term; and 1 (b) none of the following notices is given, or agreements or 2 applications made before the day the term ends (the end 3 day)-- 4 (i) a notice to leave; 5 (ii) a notice of intention to leave; 6 (iii) an abandonment termination notice; 7 (iv) a notice, agreement or application relating to the 8 death of a sole tenant under section 277(7); 9 (v) a written agreement between the lessor and tenant 10 to end the agreement. 11 (2) After the end day, the agreement continues to apply-- 12 (a) on the same terms on which it applied immediately 13 before the end day (other than any term about the 14 agreement's term); and 15 (b) on the basis the tenant is holding over under a periodic 16 agreement. 17 (3) This section does not stop the lessor and tenant under an 18 agreement that creates a residential tenancy for a fixed term 19 from entering into another agreement with each other for a 20 tenancy of the premises starting at the end of the fixed term. 21 (4) This section does not apply to an agreement if the tenancy is a 22 short tenancy (moveable dwelling). 23 Note-- 24 An agreement ends in the circumstances stated in section 277. 25 71 Tenant may apply to tribunal about significant change in 26 subsequent agreement 27 (1) This section applies if-- 28 (a) an agreement (the existing agreement) between a lessor 29 and tenant creates a residential tenancy for premises; 30 and 31 Page 57

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 71] (b) the lessor of the premises enters into a new agreement 1 with the tenant (the new agreement) for the premises 2 that starts after the end of the existing agreement; and 3 (c) the new agreement contains 1 or more significant 4 changes to the terms of the existing agreement; and 5 (d) at least 1 of the tenants mentioned in the existing 6 agreement is a tenant for the new agreement. 7 (2) Also, this section applies whether or not the lessor for the 8 existing agreement and the lessor for the new agreement are 9 the same person. 10 (3) If the tenant considers the significant change is unreasonable, 11 the tenant may apply to a tribunal for an order under this 12 section. 13 (4) The application must be made within 30 days after the tenant 14 enters into the new agreement. 15 (5) If the significant change relates to an increase in rent, the 16 tribunal may reduce the rent payable under the agreement. 17 (6) In deciding an application that relates to an increase in rent, 18 the tribunal must have regard to the following-- 19 (a) the range of market rents usually charged for 20 comparable premises; 21 (b) the proposed increased rent compared to the current 22 rent; 23 (c) the state of repair of the premises; 24 (d) the term of the tenancy; 25 (e) the period since the last rent increase (if any); 26 (f) anything else the tribunal considers relevant. 27 (7) If the significant change relates to a change other than an 28 increase in rent, the tribunal may make any order the tribunal 29 considers appropriate in the circumstances. 30 Page 58

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 71] (8) In deciding an application that relates to a significant change 1 other that an increase in rent, the tribunal must have regard to 2 the following-- 3 (a) how long the tenant has occupied the relevant premises; 4 (b) the impact of the significant change on the tenant; 5 (c) the impact on the lessor of not allowing the significant 6 change; 7 (d) anything else the tribunal considers relevant. 8 (9) In addition to any order the tribunal may make under this 9 section, the tribunal may order that the new agreement is 10 taken to be altered as ordered by the tribunal. 11 (10) Subject to any order of the tribunal to the contrary, the terms 12 of the new agreement apply from the day it is entered into. 13 (11) This section does not apply to an increase in rent if-- 14 (a) the lessor is the chief executive of the department in 15 which the Housing Act 2003 is administered, acting on 16 behalf of the State; or 17 (b) the lessor is the State and the tenant is an officer or 18 employee of the State. 19 (12) In this section-- 20 significant change, to the terms of an existing agreement, 21 means a change to any of the following -- 22 (a) the special terms for the tenancy agreement for the 23 tenancy; 24 (b) the rent amount, and whether it must be paid weekly, 25 fortnightly or monthly; 26 (c) the way the rent must be paid; 27 (d) any services supplied to the premises, other than water, 28 for which the tenant must pay; 29 (e) whether the tenant must pay for water supplied to the 30 premises; 31 Page 59

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 72] (f) the number of occupants allowed to reside in the 1 premises, if there is a limit on the number of occupants; 2 (g) whether pets are allowed; 3 (h) another matter prescribed under a regulation. 4 Division 2 Rooming accommodation 5 agreements 6 Subdivision 1 General provisions 7 72 Terms of agreement include obligations under Act etc. 8 The following are taken to be included as terms of a rooming 9 accommodation agreement between a provider and a 10 resident-- 11 (a) the obligations imposed on the provider and resident 12 under chapter 4, part 1; 13 (b) the house rules for the rental premises; 14 (c) the terms of any conciliation agreement in force about 15 the rooming accommodation agreement; 16 (d) other duties imposed on, or entitlements given to, the 17 provider or resident under this Act. 18 73 Standard terms 19 (1) A regulation may prescribe terms for inclusion in a rooming 20 accommodation agreement. 21 (2) The terms prescribed for this section are the standard terms of 22 a rooming accommodation agreement. 23 Editor's note-- 24 Under section 77(2), every rooming accommodation agreement must 25 include the standard terms. 26 Page 60

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 74] 74 Special terms 1 (1) The special terms of a rooming accommodation agreement 2 are the terms of the agreement that are not-- 3 (a) standard terms; or 4 (b) terms included in the agreement under section 72. 5 (2) The special terms may include, for example, terms about the 6 provision of a food service or a personal care service to the 7 resident. 8 75 Contracting out prohibited 9 (1) An agreement or arrangement is void to the extent to which it 10 purports to exclude, change or restrict the application or 11 operation of a provision of this Act about the terms of a 12 rooming accommodation agreement. 13 (2) A person must not enter into an agreement or arrangement 14 with the intention, either directly or indirectly, of defeating, 15 evading or preventing the operation of this Act. 16 Maximum penalty--50 penalty units. 17 (3) In this section-- 18 agreement includes an agreement that is not a rooming 19 accommodation agreement. 20 76 Inconsistency 21 (1) If a provision of this Act is inconsistent with a term of a 22 rooming accommodation agreement, the provision prevails 23 and the term is void to the extent of the inconsistency. 24 (2) If a standard term of a rooming accommodation agreement is 25 inconsistent with a special term of the agreement, the standard 26 term prevails and the special term is void to the extent of the 27 inconsistency. 28 Page 61

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 77] 77 Written agreement required 1 (1) A provider or provider's agent must ensure a rooming 2 accommodation agreement entered into with a resident is in 3 writing to the extent, and in the way, required by this section. 4 Maximum penalty--20 penalty units. 5 (2) The written agreement must include the standard terms, and 6 any special terms, for the agreement. 7 (3) If, for a standard term to be effective, the term requires stated 8 information to be included in it (including, for example, the 9 names of the parties and a description of the rental premises), 10 the agreement is taken to include the standard term only if the 11 information is properly included. 12 (4) The agreement must-- 13 (a) be written in a clear and precise way; and 14 (b) state the provider's name, address and any telephone 15 number and the resident's name and any telephone 16 number; and 17 (c) fully describe the services to be provided under the 18 agreement; and 19 (d) state the amount of rent payable, when it is payable and 20 how it must be paid; and 21 (e) state the components of the rent attributable to 22 accommodation, a food service, a personal care service 23 or another service; and 24 (f) state the amount of any rental bond payable; and 25 (g) for a fixed term agreement, state the term for which it 26 applies; and 27 (h) be signed by the parties; and 28 (i) comply with any other requirement prescribed under a 29 regulation. 30 (5) The costs of preparing the agreement are payable by the 31 provider. 32 Page 62

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 78] 78 Resident's copy of agreement 1 (1) The provider or provider's agent must give the document 2 prepared for section 77 to the resident for signing on or before 3 the day the resident occupies the room in rental premises 4 under the agreement. 5 Maximum penalty--20 penalty units. 6 (2) Within 3 days after receiving the document signed by the 7 resident, the provider or provider's agent must sign the 8 document and return a copy signed by both parties to the 9 resident. 10 Maximum penalty--10 penalty units. 11 79 Period provider or provider's agent must keep agreement 12 (1) The provider or providers's agent must keep a copy of the 13 agreement prepared for section 77 for a period of 1 year after 14 the term of agreement ends. 15 Maximum penalty--20 penalty units. 16 (2) Subsection (1) applies whether or not the agreement has been 17 signed by all the parties to the agreement. 18 Subdivision 2 Associated documents 19 80 Application of sdiv 2 20 This subdivision applies to the provider and resident under a 21 rooming accommodation agreement only if a rental bond is 22 payable, or has been paid, under the agreement. 23 81 Condition report at start of rooming accommodation 24 (1) The provider or provider's agent must on or before the day the 25 resident occupies a room in rental premises under the 26 agreement-- 27 Page 63

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements [s 81] (a) prepare, in the approved form, a condition report for the 1 room and the facilities in the room; and 2 (b) sign the report; and 3 (c) give a copy of the report to the resident. 4 Maximum penalty--20 penalty units. 5 (2) The resident must, within 3 days after the resident occupies 6 the room under the agreement-- 7 (a) sign the copy; and 8 (b) if the resident does not agree with the report--show the 9 parts of the report the resident disagrees with by 10 marking the copy in an appropriate way; and 11 (c) return the copy to the provider or provider's agent. 12 Maximum penalty--20 penalty units. 13 (3) However, if the provider or agent has not given a copy of the 14 report to the resident before the resident occupies the room, 15 subsection (2) applies to the resident as if a reference to 16 starting to occupy the room were a reference to receiving the 17 copy. 18 (4) If the resident returns the copy of the report to the provider or 19 agent under subsection (2), the provider or agent must make a 20 copy of the report and return it to the resident within 14 days. 21 Maximum penalty--20 penalty units. 22 (5) The provider or agent must keep, until at least 1 year after the 23 rooming accommodation agreement ends-- 24 (a) the signed copy of the report returned to the provider or 25 agent by the resident; or 26 (b) if the resident does not return a signed copy--another 27 copy of the report. 28 Maximum penalty--20 penalty units. 29 (6) In this section-- 30 Page 64

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 82] resident, in relation to rental premises, includes a person who 1 proposes to be a resident of the premises. 2 Subdivision 3 Fixed term agreements 3 82 Continuation of fixed term agreement 4 (1) This section applies to a rooming accommodation agreement 5 if-- 6 (a) under the agreement, accommodation is provided to the 7 resident for a fixed term; and 8 (b) neither the provider nor the resident gives the other 9 party a notice under chapter 5, part 2 ending the 10 agreement or agrees in writing with the other party to 11 end the agreement. 12 (2) The agreement continues to apply after the last day of the 13 term, as a periodic agreement, on the same terms on which it 14 applied immediately before the last day of the term, other than 15 the term about the fixed term. 16 (3) This section does not stop the provider and resident from 17 entering into another rooming accommodation agreement 18 starting at the end of the fixed term. 19 Part 2 Rent 20 Division 1 Residential tenancy agreements 21 83 How rent to be paid 22 (1) The tenant must pay the rent in an approved way. 23 Page 65

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 84] (2) If an approved way for payment of rent is stated in the 1 agreement, the tenant must pay the rent in the way stated. 2 (3) However, if, after signing the agreement-- 3 (a) the lessor or tenant gives to the other party a written 4 notice stating an approved way, or a different approved 5 way, as the way in which rent is required, or is proposed, 6 to be paid; and 7 (b) the other party agrees in writing (the rent agreement) to 8 payments of rent being made in the way stated; 9 the tenant must pay the rent in the way stated while the rent 10 agreement remains in force. 11 (4) Rent is paid in an approved way if it is paid by-- 12 (a) cash; or 13 (b) cheque; or 14 (c) deposit to a financial institution account nominated by 15 the lessor; or 16 (d) credit card; or 17 (e) an EFTPOS system; or 18 (f) deduction from pay, or a pension or other benefit, 19 payable to the tenant; or 20 (g) another way agreed on by the lessor and tenant. 21 84 Tenant must be given choices of approved ways for 22 payment of rent and be advised about associated costs 23 (1) This section applies to a lessor or lessor's agent that intends 24 to-- 25 (a) enter into an agreement with a tenant that provides for 26 the payment of rent by an approved way under section 27 83(4)(g); or 28 (b) change an approved way to a different approved way 29 under section 83(4)(g). 30 Page 66

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 85] (2) The lessor or lessor's agent must first give the tenant a written 1 notice that-- 2 (a) gives the tenant a choice of at least 2 other approved 3 ways for the payment of rent under section 83(4)(a) to 4 (f); and 5 (b) advises the tenant of the costs associated with the 6 approved way offered under section 83(4)(g)-- 7 (i) of which the tenant would not reasonably be 8 aware; and 9 (ii) that the lessor or lessor's agent knows or could 10 reasonably be expected to ascertain. 11 Maximum penalty--20 penalty units. 12 85 Where rent to be paid 13 (1) If the place for payment of rent is stated in an agreement, the 14 tenant must pay the rent at the place stated. 15 (2) However, if, after signing the agreement, the lessor gives the 16 tenant a written notice stating a place, or a different place, as 17 the place at which rent is required to be paid and the place is 18 reasonable, the tenant must pay the rent at the place stated in 19 the notice while the notice is in force. 20 (3) If the place for payment of rent is not stated, the tenant must 21 pay the rent at an appropriate place. 22 86 Payment of rent by electronic transaction 23 (1) This section applies-- 24 (a) if a tenant effects an electronic transaction to pay rent to 25 the account of the lessor or lessor's agent on a day; and 26 (b) does not take any action to defer the payment to the 27 lessor's or lessors agent's account to a later day. 28 (2) Payment is taken to be received by the lessor or lessor's agent 29 on the day the tenant effects the electronic transaction. 30 Page 67

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 87] (3) Subsection (2) applies even if, because of circumstances 1 beyond the tenant's control, the payment to the lessor's or 2 lessors agent's account happens on a later day. 3 Example-- 4 The tenant uses BPay to authorise payment of rent to be debited to the 5 tenant's account on a Wednesday. However, the financial institution, 6 because of its internal arrangements, does not actually debit the tenant's 7 account and credit the lessor's or lessors agent's account until the next 8 day. The rent payment is taken to have been received by the lessor or 9 lessor's agent on the Wednesday. 10 87 Rent in advance 11 (1) A lessor or lessor's agent must not require, as payment of rent 12 in advance under an agreement, more than-- 13 (a) for a periodic agreement or an agreement for moveable 14 dwelling premises--2 weeks rent; or 15 (b) for another agreement--1 month rent. 16 Maximum penalty--20 penalty units. 17 (2) A lessor or lessor's agent must not require a payment of rent 18 under an agreement in a period for which rent has already 19 been paid. 20 Maximum penalty--10 penalty units. 21 88 Receipts and other records 22 (1) If rent under an agreement is paid in cash, the person 23 receiving the payment must give a receipt as required by this 24 section. 25 Maximum penalty--10 penalty units. 26 (2) If rent under an agreement is paid by cheque, the person 27 receiving the payment must give a receipt, as required by this 28 section, if the person making the payment asks for a receipt 29 when making the payment. 30 Maximum penalty--10 penalty units. 31 Page 68

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 88] (3) A receipt must be signed by the person receiving the payment. 1 (4) A receipt must be given to the person making the payment-- 2 (a) if the payment is made by the person personally and in 3 cash--when the payment is made; or 4 (b) if the payment is made by the person in cash but not 5 personally--before the end of the next business day 6 after the day the payment is received; or 7 (c) if the payment is made by cheque--within 3 business 8 days after the day the payment is received. 9 (5) The lessor or lessor's agent must, for a payment of rent under 10 an agreement-- 11 (a) make a written record of the payment (the rent payment 12 record) as required by this section; and 13 (b) give a copy of the record to the tenant as required by this 14 section, if the tenant asks for it. 15 Maximum penalty--10 penalty units. 16 (6) Subsection (5) does not apply if the rent payment-- 17 (a) is made in cash; or 18 (b) is made by cheque and a receipt is given for the 19 payment. 20 (7) A copy of a rent payment record asked for by a tenant must be 21 given within 7 days after the request is made. 22 (8) A receipt or rent payment record must state-- 23 (a) the tenant's name; and 24 (b) the address of the premises; and 25 (c) the date the payment is received; and 26 (d) the period for which the payment is made; and 27 (e) the amount of the payment; and 28 (f) that the payment is a payment of rent. 29 Page 69

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 89] 89 Keeping of records 1 (1) The lessor or lessor's agent must keep, for at least the required 2 period, for each payment of rent under the agreement-- 3 (a) if a receipt was required to be given for the payment--a 4 copy of the receipt, or another appropriate written 5 record of the payment; or 6 (b) if a receipt was not required to be given for the 7 payment--the rent payment record for the payment. 8 Maximum penalty--15 penalty units. 9 (2) For subsection (1), the required period is-- 10 (a) the period fixed under a regulation and ending more 11 than 1 year after the agreement ends; or 12 (b) if a period is not fixed under a regulation--the period 13 ending 1 year after the agreement ends. 14 90 False, misleading or incomplete rent records 15 (1) In this section-- 16 rent record means a receipt, rent payment record or another 17 record of a rent payment. 18 (2) A person must not-- 19 (a) in a rent record, make an entry the person knows is false 20 or misleading in a material particular; or 21 (b) fail to enter a material particular in a rent record, unless 22 the person does not know, and can not reasonably 23 obtain, the necessary information. 24 Maximum penalty--20 penalty units. 25 91 Rent increases 26 (1) This section applies to increases in rent for the following-- 27 (a) a periodic agreement; 28 Page 70

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 91] (b) a fixed term agreement, during the term of the 1 agreement. 2 (2) If the lessor proposes to increase the rent, the lessor must give 3 written notice of the proposal to the tenant in the way required 4 by this section. 5 (3) The notice must state-- 6 (a) the amount of the increased rent; and 7 (b) the day from when the increased rent is payable. 8 (4) The day stated must not be earlier than 2 months after the 9 notice is given. 10 (5) Subject to an order of a tribunal under section 92, the 11 increased rent is payable from the day stated in the notice, and 12 the agreement is taken to be amended accordingly. 13 (6) However, if the agreement is a fixed term agreement, the rent 14 may be increased before the term ends only if the 15 agreement-- 16 (a) provides for a rent increase; and 17 (b) states the amount of the increase or how the amount of 18 the increase is to be worked out. 19 (7) A rent increase is payable by the tenant only if the rent is 20 increased under this section. 21 (8) This section applies subject to section 93. 22 (9) This section does not apply if-- 23 (a) the lessor is the chief executive of the department in 24 which the Housing Act 2003 is administered, acting on 25 behalf of the State; or 26 (b) the lessor is the State and the tenant is an officer or 27 employee of the State. 28 Note-- 29 This section does not apply to an increase in rent from one fixed term 30 agreement to the next. 31 Page 71

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 92] 92 Tenant's application to tribunal about rent increase 1 (1) If the lessor gives the tenant notice of a proposed rent increase 2 under section 91 and the tenant considers the increase is 3 excessive, the tenant may apply to a tribunal for an order 4 under this section. 5 (2) The application must be made-- 6 (a) within 30 days after the tenant receives the notice; and 7 (b) if the agreement is a fixed term agreement--before the 8 term of the agreement ends. 9 (3) The tribunal may make either of the following orders on an 10 application under this section-- 11 (a) an order reducing the amount of the proposed increase 12 of rent by a stated amount; 13 (b) an order setting aside the amount of the proposed 14 increase of rent. 15 (4) In deciding the application, the tribunal must have regard to 16 the following-- 17 (a) the range of market rents usually charged for 18 comparable premises; 19 (b) the proposed increased rent compared to the current 20 rent; 21 (c) the state of repair of the premises; 22 (d) the term of the tenancy; 23 (e) the period since the last rent increase (if any); 24 (f) anything else the tribunal considers relevant. 25 (5) Without limiting the tribunal's powers, the tribunal may make 26 an interim order about payment of the rent increase pending 27 its final decision on the application. 28 (6) This section does not apply if the lessor is the State and the 29 tenant is an officer or employee of the State. 30 Page 72

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 93] 93 Minimum period before rent can be increased 1 (1) This section applies to rent (the existing rent) payable to a 2 lessor or lessor's agent by the tenant of premises under a 3 residential tenancy agreement. 4 (2) The lessor or lessor's agent must not increase the existing rent 5 less than 6 months since the date the existing rent became 6 payable by the tenant. 7 Maximum penalty--20 penalty units. 8 (3) Nothing prevents a lessor or lessor's agent from giving notice 9 of an increase in rent within 6 months since the last increase 10 provided the increase does not take effect until 6 months or 11 more since the last increase. 12 (4) This section applies whether the increase in the existing rent is 13 to take effect during an existing agreement or from one 14 agreement to the next. 15 (5) This section also applies-- 16 (a) if at least 1 of the tenants responsible for the existing 17 rent will be subject to the increase in rent; and 18 (b) whether or not the lessor who increases the rent is the 19 same person as the lessor who last increased the rent. 20 (6) This section does not apply if-- 21 (a) the lessor is the chief executive of the department in 22 which the Housing Act 2003 is administered, acting on 23 behalf of the State; or 24 (b) the lessor is the State and the tenant is an officer or 25 employee of the State. 26 94 Rent decreases 27 (1) This section applies if the premises-- 28 (a) are destroyed, or made completely or partly unfit to live 29 in, in a way that does not result from a breach of the 30 agreement; or 31 Page 73

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 95] (b) no longer may be used lawfully as a residence; or 1 (c) are appropriated or acquired compulsorily by an 2 authority. 3 (2) This section also applies if-- 4 (a) services, facilities or goods to be provided to the tenant 5 under the agreement are no longer available or are 6 withdrawn other than because the tenant failed to meet 7 the tenant's obligations under the agreement; or 8 (b) the amenity or standard of the premises decreases 9 substantially other than because of malicious damage 10 caused by the tenant. 11 (3) The rent payable under the agreement decreases accordingly 12 or, if an order for a decrease in the rent is made by a tribunal, 13 to the extent stated in the order. 14 (4) A tribunal may make an order for a rent decrease only if-- 15 (a) the tenant applies to the tribunal for the order; and 16 (b) if this section applies because of subsection (1)--the 17 premises are partly unfit to live in. 18 95 Seizure of tenant's goods for rent etc. 19 (1) A person must not seize or dispose of a tenant's goods as 20 security for, or in payment of any of the following-- 21 (a) rent payable under an agreement; 22 (b) an amount payable to the lessor, or at the lessor's 23 direction, by way of reimbursement for an amount 24 payable by the tenant under the agreement but paid by 25 the lessor for the tenant; 26 (c) a claim for loss or damage caused by the tenant's breach 27 of the agreement. 28 Maximum penalty--40 penalty units. 29 Page 74

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 96] (2) However, subsection (1) does not apply to the seizure or 1 disposal of goods under section 363 or an enforcement 2 warrant. 3 96 Rent payment must not be applied for any other purpose 4 (1) This section applies if the tenant pays an amount for rent to 5 the lessor or lessor's agent. 6 (2) The lessor or lessor's agent must not apply the amount to, or 7 use the amount for, any other purpose. 8 Maximum penalty--40 penalty units. 9 (3) An amount paid by the tenant for rent is taken to be payment 10 of rent even if the lessor or lessor's agent applies it to, or uses 11 it for, another purpose. 12 97 Apportionment 13 (1) The rent payable under an agreement accumulates from day to 14 day. 15 (2) On the ending of the agreement-- 16 (a) the rent is to be appropriately apportioned; and 17 (b) the appropriate amount is payable by or to the tenant. 18 (3) If there is a dispute between the lessor and tenant about the 19 amount payable, either party may apply to a tribunal and the 20 tribunal may make any order it considers appropriate about 21 the payment of an amount by or to the tenant. 22 Division 2 Rooming accommodation 23 agreements 24 98 How rent is to be paid 25 (1) The resident must pay the rent in an approved way. 26 Page 75

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 99] (2) If an approved way for payment of rent is stated in the 1 agreement, the resident must pay the rent in the way stated. 2 (3) However, if, after signing the agreement-- 3 (a) the provider or resident gives to the other party a written 4 notice stating an approved way, or a different approved 5 way, as the way in which rent is required, or is proposed, 6 to be paid; and 7 (b) the other party agrees in writing (the rent agreement) to 8 payments of rent being made in the way stated; 9 the resident must pay the rent in the way stated while the rent 10 agreement remains in force. 11 (4) Rent is paid in an approved way if it is paid by-- 12 (a) cash; or 13 (b) cheque; or 14 (c) deposit to a financial institution account nominated by 15 the provider; or 16 (d) credit card; or 17 (e) an EFTPOS system; or 18 (f) deduction from pay, or a pension or other benefit, 19 payable to the resident; or 20 (g) another way agreed on by the provider and resident. 21 99 Resident must be given choices of approved ways for 22 payment of rent and be advised about associated costs 23 (1) This section applies to a provider or provider's agent that 24 intends to-- 25 (a) enter into an agreement with a resident that provides for 26 the payment of rent by an approved way under section 27 98(4)(g); or 28 (b) change an approved way to a different approved way 29 under section 98(4)(g). 30 Page 76

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 100] (2) The provider or provider's agent must first give the resident a 1 written notice that-- 2 (a) gives the resident a choice of at least 2 other approved 3 ways for the payment of rent under section 98(4)(a) to 4 (f); and 5 (b) advises the resident of the costs associated with the 6 approved way offered under section 98(4)(g)-- 7 (i) of which the resident would not reasonably be 8 aware; and 9 (ii) that the provider or provider's agent knows or 10 could reasonably be expected to ascertain. 11 Maximum penalty--20 penalty units. 12 100 Where rent is to be paid 13 (1) If the place for payment of rent is stated in the agreement, the 14 resident must pay the rent at the place stated. 15 (2) However, if, after signing the agreement, the provider gives 16 the resident a written notice stating a place, or a different 17 place, as the place where rent is required to be paid and the 18 place is reasonable, the resident must pay the rent at the place 19 stated in the notice while the notice is in force. 20 (3) If the place for payment of rent is not stated, the resident must 21 pay the rent at an appropriate place. 22 101 Rent in advance 23 (1) A provider or provider's agent must not require a resident to 24 pay more than 2 weeks rent in advance. 25 Maximum penalty--20 penalty units. 26 (2) A provider or provider's agent must not require a payment of 27 rent under an agreement in a period for which rent has already 28 been paid. 29 Maximum penalty--10 penalty units. 30 Page 77

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 102] 102 Receipts and other records 1 (1) If rent under an agreement is paid in cash, the person 2 receiving the payment must give a receipt as required by this 3 section. 4 Maximum penalty--10 penalty units. 5 (2) If rent under an agreement is paid by cheque, the person 6 receiving the payment must give a receipt, as required by this 7 section, if the person making the payment asks for a receipt 8 when making the payment. 9 Maximum penalty--10 penalty units. 10 (3) A receipt must be signed by the person receiving the payment. 11 (4) A receipt must be given to the person making the payment-- 12 (a) if the payment is made by the person personally and in 13 cash--when the payment is made; or 14 (b) if the payment is made by the person in cash but not 15 personally--before the end of the next business day 16 after the day the payment is received; or 17 (c) if the payment is made by cheque--within 3 business 18 days after the day the payment is received. 19 (5) The provider or provider's agent must, for a payment of rent 20 under an agreement-- 21 (a) make a written record of the payment (the rent payment 22 record) as required by this section; and 23 (b) give a copy of the record to the resident as required by 24 this section, if the resident asks for it. 25 Maximum penalty--10 penalty units. 26 (6) Subsection (5) does not apply if the rent payment-- 27 (a) is made in cash; or 28 (b) is made by cheque and a receipt is given for the 29 payment. 30 Page 78

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 103] (7) A copy of a rent payment record asked for by a resident must 1 be given within 7 days after the request is made. 2 (8) The receipt or rent payment record must state the following-- 3 (a) the resident's name; 4 (b) the address of the rental premises; 5 (c) the number of the resident's room or, if the room does 6 not have a number, another identifier for the room; 7 (d) the date the payment is received; 8 (e) the period for which the payment is made; 9 (f) the amount of the payment; 10 (g) that the payment is a payment of rent; 11 (h) the individual amounts for each of the following-- 12 (i) accommodation; 13 (ii) any food service; 14 (iii) any personal care service. 15 103 Keeping of records 16 (1) The provider or provider's agent must keep, for at least the 17 required period, for each payment of rent under the 18 agreement-- 19 (a) if a receipt was required to be given for the payment--a 20 copy of the receipt, or another appropriate written 21 record of the payment; or 22 (b) if a receipt was not required to be given for the 23 payment--the rent payment record for the payment. 24 Maximum penalty--15 penalty units. 25 (2) For subsection (1), the required period is-- 26 (a) the period fixed under a regulation and ending more 27 than 1 year after the agreement ends; or 28 Page 79

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 104] (b) if a period is not fixed under a regulation--the period 1 ending 1 year after the agreement ends. 2 104 False, misleading or incomplete rent records 3 (1) In this section-- 4 rent record means a receipt, rent payment record or another 5 record of a rent payment. 6 (2) A person must not-- 7 (a) in a rent record, make an entry the person knows is false 8 or misleading in a material particular; or 9 (b) fail to enter a material particular in a rent record, unless 10 the person does not know, and can not reasonably 11 obtain, the necessary information. 12 Maximum penalty--20 penalty units. 13 105 Rent increases 14 (1) This section applies if a provider proposes to increase the rent 15 payable by a resident under a rooming accommodation 16 agreement. 17 (2) The resident is not required to pay the increase unless it is 18 made under this section. 19 (3) The provider must give the resident a written notice stating-- 20 (a) the amount of the increased rent; and 21 (b) the day, not earlier than 4 weeks after the day the notice 22 is given, from which the increased rent is payable. 23 (4) Also, if the rooming accommodation agreement is for a fixed 24 term, the rent may not be increased before the term ends 25 unless-- 26 (a) the agreement provides for a rent increase; and 27 (b) the agreement states the amount of the increase or how 28 the amount of the increase is to be worked out; and 29 Page 80

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 106] (c) the increase is made under the agreement. 1 (5) Subsections (2) to (4) do not apply if the parties amend the 2 rooming accommodation agreement to provide for another 3 service to be provided by the provider to the resident and for 4 an increase in the rent in payment of the service. 5 106 Rent decreases for matters including loss of amenity or 6 service 7 (1) This section applies to a rooming accommodation agreement 8 if-- 9 (a) a resident's room or common areas become partly unfit 10 to live in, or their amenity or standard substantially 11 decreases, other than because of intentional or reckless 12 damage caused by the resident or a guest of the resident; 13 or 14 (b) a service provided to the resident under the agreement is 15 no longer available or is withdrawn, or the standard of 16 the service substantially decreases, other than because 17 the resident has not met the resident's obligations under 18 the agreement. 19 (2) The rent payable under the agreement decreases by the 20 amount, and from the time, agreed between the provider and 21 the resident. 22 (3) If the provider and the resident can not agree on the amount or 23 time for the decrease, either of them may apply to a tribunal 24 for an order decreasing the rent by a stated amount from a 25 stated time. 26 (4) On an application under this section a tribunal may make the 27 order it considers appropriate. 28 107 Rent decreases because of resident's absence 29 (1) This section applies to a rooming accommodation agreement 30 if either of the following is not provided to the resident 31 because of the resident's absence-- 32 Page 81

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 108] (a) a personal care service; 1 (b) a food service, but only if the resident is absent from the 2 rental premises for a continuous period of more than 2 3 weeks. 4 (2) The provider and the resident may agree to a reduction in rent 5 for the period of the absence. 6 (3) If the provider and the resident can not agree on a reduction in 7 rent for the period of the absence, the resident may apply to a 8 tribunal for an order decreasing the rent by a stated amount for 9 the period. 10 (4) On an application under this section a tribunal may make the 11 order it considers appropriate. 12 (5) Before making an order the tribunal must have regard to the 13 following-- 14 (a) any special term of the agreement in relation the matter; 15 (b) the reason for the absence; 16 (c) the length of the absence; 17 (d) whether the resident gave the provider notice of the 18 absence; 19 (e) whether the resident was able to give the provider notice 20 of the absence; 21 (f) if the resident gave the provider notice of the 22 absence--the length of the notice; 23 (g) the impact of any reduction of rent on the provider or 24 other residents. 25 108 Seizure of resident's goods for rent etc. 26 (1) A person must not seize or dispose of a resident's property as 27 security for, or in payment of, any of the following-- 28 (a) rent payable under the rooming accommodation 29 agreement; 30 Page 82

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 2 Rent [s 109] (b) an amount payable to the provider, or at the provider's 1 direction, in reimbursement of an amount that was 2 payable by the resident under the rooming 3 accommodation agreement but was paid by the provider 4 for the resident; 5 (c) a claim for loss or damage caused by the resident's 6 breach of the rooming accommodation agreement. 7 Maximum penalty--40 penalty units. 8 (2) However, subsection (1) does not apply to the deduction of an 9 amount under section 392(4) or the seizure or disposal of 10 property under section 393 or an enforcement warrant. 11 109 Apportionment 12 (1) The rent payable under an agreement accumulates from day to 13 day. 14 (2) On the ending of the agreement-- 15 (a) the rent is to be appropriately apportioned; and 16 (b) the appropriate amount is payable by or to the resident. 17 (3) If there is a dispute between the provider and resident about 18 the amount payable, either party may apply to a tribunal and 19 the tribunal may make any order it considers appropriate 20 about the payment of an amount by or to the resident. 21 Page 83

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 110] Part 3 Rental bonds 1 Division 1 Application of part 2 110 Application of pt 3 3 (1) This part applies to rental bonds paid under residential 4 tenancy agreements and rooming accommodation agreements. 5 (2) In this part-- 6 (a) a reference to a lessor is taken to include a reference to a 7 provider; and 8 (b) a reference to a tenant is taken to include a reference to a 9 resident; and 10 (c) a reference to a cotenant is taken to include a reference 11 to a coresident; and 12 (d) a reference to an agreement is taken to include a 13 reference to a rooming accommodation agreement. 14 (3) However, subsection (2) does not apply to sections 112, 117, 15 118, 122, 139 and 148. 16 Division 2 Payments to authority 17 111 Meaning of rental bond 18 (1) A rental bond, for an agreement, is an amount-- 19 (a) paid by or for the tenant under the agreement; and 20 (b) intended to be available for the financial protection of 21 the lessor against the tenant breaching the agreement. 22 (2) However, a rental bond does not include rent paid in advance. 23 (3) In deciding whether an amount is a rental bond, it does not 24 matter-- 25 Page 84

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 112] (a) when the amount is paid; or 1 (b) if the amount is paid directly to the authority; or 2 (c) to or by whom the amount is paid; or 3 (d) how the amount is described in the agreement or 4 arrangement about the payment of the amount. 5 (4) A rental bond includes a part of a rental bond. 6 112 Meaning of maximum rental bond 7 (1) A maximum rental bond, for a residential tenancy agreement, 8 is an amount equal to the rent payable under the agreement for 9 the period of-- 10 (a) for moveable dwelling premises-- 11 (i) if the tenancy is a long tenancy (moveable 12 dwelling) and electricity supplied to the premises 13 is supplied in the lessor's name and individually 14 metered--3 weeks; or 15 (ii) otherwise--2 weeks; or 16 (b) for other premises--4 weeks. 17 (2) A maximum rental bond, for a rooming accommodation 18 agreement, is an amount equal to the rent payable under the 19 agreement for the period of 4 weeks. 20 Editor's note-- 21 See section 146 for an offence of requiring or accepting more than the 22 maximum amount for a rental bond. 23 113 Contributor for a rental bond 24 (1) A person is a contributor for a rental bond-- 25 (a) if the person is the tenant and there are no cotenants; or 26 (b) if-- 27 (i) the person is a cotenant; and 28 Page 85

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 114] (ii) the authority is satisfied the person is responsible 1 for payment of the bond or part of the bond. 2 (2) Without limiting subsection (1)(b)(ii), the authority may be 3 satisfied a person is responsible for payment of a rental bond 4 or part of a rental bond-- 5 (a) because the rental bond notice for the agreement 6 indicates the person paid the bond or contributed to 7 payment of the bond; or 8 (b) because a cotenant-- 9 (i) is shown on the rental bond notice for the 10 agreement to have paid the bond; and 11 (ii) has given the authority a written notice naming the 12 person as a contributor for the bond; or 13 (c) because a former cotenant-- 14 (i) is shown on the rental bond notice for the 15 agreement to have contributed to payment of the 16 bond; and 17 (ii) has given the authority a written notice naming the 18 person as a contributor for the bond in place of the 19 former cotenant. 20 114 Bond loan contributor 21 A person is a bond loan contributor if-- 22 (a) the person is a contributor for a rental bond; and 23 (b) the person is a cotenant; and 24 (c) the person's share of the bond was provided, in whole or 25 in part, by way of loan, by the department in which the 26 Housing Act 2003 is administered. 27 Page 86

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 115] 115 Share of a rental bond 1 (1) This section applies if there is more than 1 contributor for a 2 rental bond. 3 (2) If the authority is satisfied a contributor for a rental bond is 4 responsible for payment of a certain amount of the bond, that 5 amount is the contributor's share of the bond. 6 (3) The authority may assume 2 or more contributors for a rental 7 bond are responsible for payment of the bond, or part of the 8 bond, in equal shares if the authority-- 9 (a) is satisfied the contributors are responsible for payment 10 of the bond or that part of the bond; but 11 (b) has not been notified, by a rental bond notice or a 12 written notice from the contributors, of the amount for 13 which each of the contributors is responsible. 14 116 Duty to pay rental bond 15 (1) A person receiving a rental bond must, within 10 days of 16 receiving it-- 17 (a) pay it to the authority; and 18 (b) give the authority a notice, in the approved form, about 19 the rental bond. 20 Maximum penalty--40 penalty units. 21 (2) Subsection (1) does not apply to a person to whom section 22 117 or 118 applies. 23 117 Duty to pay rental bond instalments under residential 24 tenancy agreement 25 (1) This section applies to a lessor who-- 26 (a) receives financial or other assistance from the State to 27 supply rented accommodation to persons; and 28 (b) enters into a residential tenancy agreement using the 29 assistance; and 30 Page 87

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 118] (c) receives from the tenant a number of rental bonds for the 1 agreement (the rental bond instalments). 2 (2) If the lessor or lessor's agent has received all the rental bond 3 instalments, the lessor or agent must, within 10 days after 4 receiving the last instalment-- 5 (a) pay the instalments to the authority; and 6 (b) give the authority a notice, in the approved form, about 7 the instalments. 8 Maximum penalty--40 penalty units. 9 (3) If the agreement ends before the lessor or agent receives all 10 the rental bond instalments, the lessor or agent must, within 11 10 days after the ending of the agreement-- 12 (a) pay the instalments received by the lessor or agent to the 13 authority; and 14 (b) give the authority a notice, in the approved form, about 15 the instalments. 16 Maximum penalty--40 penalty units. 17 118 Duty to pay rental bond instalments under rooming 18 accommodation agreement 19 (1) This section applies if the provider under a rooming 20 accommodation agreement receives from the resident a 21 number of rental bonds for the agreement (the rental bond 22 instalments). 23 (2) If the provider or provider's agent has received all the rental 24 bond instalments, the provider or agent must, within 10 days 25 after receiving the last instalment-- 26 (a) pay the instalments to the authority; and 27 (b) give the authority a notice, in the approved form, about 28 the instalments. 29 Maximum penalty--40 penalty units. 30 Page 88

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 119] (3) If the agreement is ended before the provider or provider's 1 agent receives all the rental bond instalments, the provider or 2 agent must, within 10 days after the ending of the 3 agreement-- 4 (a) pay to the authority the instalments received by the 5 provider or agent; and 6 (b) give the authority a notice, in the approved form, about 7 the instalments. 8 Maximum penalty--40 penalty units. 9 (4) If, on the day that is 3 months after the provider or provider's 10 agent receives the first rental bond instalment, the agreement 11 has not ended and the provider or agent has not received all 12 the rental bond instalments, the provider or agent must-- 13 (a) within 10 days after that day-- 14 (i) pay to the authority the instalments received by the 15 provider or agent; and 16 (ii) give the authority a notice, in the approved form, 17 about the instalments; and 18 (b) for each instalment received after that day-- 19 (i) pay the instalment to the authority within 10 days 20 after receiving it; and 21 (ii) give the authority a notice, in the approved form, 22 about the instalment. 23 Maximum penalty--40 penalty units. 24 119 Duty to pay rental bond if financial protection given 25 (1) This section applies to a lessor under an agreement if-- 26 (a) financial protection against a breach of the agreement by 27 the tenant is given to the lessor (whether by a guarantee 28 or undertaking given by a financial institution or in 29 another way); and 30 Page 89

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 120] (b) the financial protection is not given in the form of a 1 rental bond; and 2 (c) the maximum rental bond for the agreement is not paid. 3 (2) Within 10 days after the financial protection is given, the 4 lessor or lessor's agent must pay to the authority an amount 5 equal to-- 6 (a) the maximum rental bond for the agreement; or 7 (b) if a rental bond less than the maximum rental bond has 8 been paid--the difference between the maximum rental 9 bond and the amount of rental bond actually paid. 10 Maximum penalty--40 penalty units. 11 (3) An amount paid, or required to be paid, by the lessor or 12 lessor's agent under subsection (2) is taken to be a rental 13 bond. 14 120 Acknowledging receipt of rental bond 15 As soon as practicable after receiving a rental bond, the 16 authority must give separate written acknowledgements of the 17 receipt to the lessor and tenant. 18 121 No entitlement to interest 19 No one other than the authority has legal or beneficial 20 entitlement to an amount earned on the investment of a rental 21 bond held by the authority. 22 122 Continuance of rental bond 23 (1) This section applies if-- 24 (a) the authority holds a rental bond for a residential 25 tenancy agreement or a rooming accommodation 26 agreement; and 27 (b) the agreement ends; and 28 Page 90

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 123] (c) either-- 1 (i) the tenant continues occupying the premises under 2 another agreement (the new agreement) with the 3 lessor; or 4 (ii) the resident continues occupying a room in the 5 rental premises under another agreement (also the 6 new agreement) with the provider; and 7 (d) the authority does not receive an application for 8 payment of the rental bond. 9 (2) The rental bond is taken to be a rental bond for the new 10 agreement. 11 Division 3 Payments by authority 12 Subdivision 1 Preliminary 13 123 Purpose of division 14 This division deals with the payment by the authority of rental 15 bonds held by it. 16 124 Making payment 17 The authority may pay a rental bond only under this division. 18 125 Application for payment 19 (1) An application to the authority for payment of a rental bond 20 must be made in the approved form. 21 (2) An application may only direct a payment to be made to the 22 lessor or a contributor for the bond. 23 Page 91

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 126] Subdivision 2 Payment of bond if only 1 1 contributor 2 126 Application of sdiv 2 3 This subdivision applies to an application to the authority for 4 payment of a rental bond if there is only 1 contributor for the 5 bond. 6 127 Joint application by lessor and contributor 7 If the application is made jointly by the lessor and the 8 contributor, the authority must make each payment directed 9 by the application. 10 128 Application by lessor 11 (1) This section applies if the application is made by the lessor 12 only. 13 (2) If the application directs that a payment be made to the 14 contributor, the authority must make the payment. 15 (3) If the application directs that a payment be made to the 16 lessor-- 17 (a) section 136 applies to the directed payment; and 18 (b) the contributor is the interested person for the payment. 19 129 Application by contributor 20 (1) This section applies if the application is made by the 21 contributor only. 22 (2) If the application directs that a payment be made to the lessor, 23 the authority must make the payment. 24 (3) If the application directs that a payment be made to the 25 contributor-- 26 Page 92

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 130] (a) section 136 applies to the directed payment; and 1 (b) the lessor is the interested person for the payment. 2 Subdivision 3 Payment of bond if more than 1 3 contributor 4 130 Application of sdiv 3 5 This subdivision applies to an application to the authority for 6 payment of a rental bond if there is more than 1 contributor 7 for the bond. 8 131 Joint application by lessor and every contributor 9 If the application is made jointly by the lessor and every 10 contributor, the authority must make each payment directed 11 by the application. 12 132 Joint application by lessor and some contributors 13 (1) This section applies if the application is made jointly by the 14 lessor and some, but not all, of the contributors. 15 (2) If there is only 1 non-applicant contributor and the application 16 directs that a payment be made to the non-applicant 17 contributor, the authority must make the payment. 18 (3) If the application directs that payments be made to all of the 19 contributors in the same proportions as their shares of the 20 bond, the authority must make the payments. 21 (4) If the application directs that each non-applicant contributor 22 be paid his or her entire share of the bond, the authority must 23 make those payments and any other payments directed by the 24 application. 25 (5) Otherwise-- 26 Page 93

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 133] (a) section 136 applies to a payment directed by the 1 application; and 2 (b) each non-applicant contributor is an interested person 3 for the payment. 4 (6) In this section-- 5 non-applicant contributor means a contributor who is not an 6 applicant. 7 133 Application by lessor 8 (1) This section applies if the application is made by the lessor 9 only. 10 (2) If the application directs that payments be made to all of the 11 contributors in the same proportions as their shares of the 12 bond, the authority must make the payments. 13 (3) Otherwise-- 14 (a) section 136 applies to a payment directed by the 15 application; and 16 (b) each contributor is an interested person for the payment. 17 134 Application by every contributor 18 (1) This section applies if the application is made by every 19 contributor but not jointly with the lessor. 20 (2) If the application directs that a payment be made to the lessor, 21 the authority must make the payment. 22 (3) If the application directs that a payment be made to a 23 contributor-- 24 (a) section 136 applies to the directed payment; and 25 (b) the lessor is the interested person for the payment. 26 Page 94

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 135] 135 Application by some contributors 1 (1) This section applies if the application is made by some, but 2 not all, of the contributors and not jointly with the lessor. 3 (2) If the application directs that a payment be made to the 4 lessor-- 5 (a) section 136 applies to the directed payment; and 6 (b) each non-applicant contributor is an interested person 7 for the payment. 8 (3) If the application directs that a payment be made to a 9 contributor-- 10 (a) section 136 applies to the directed payment; and 11 (b) the lessor and each non-applicant contributor are 12 interested persons for the payment. 13 (4) In this section-- 14 non-applicant contributor means a contributor who is not an 15 applicant. 16 Subdivision 4 Other matters about payment 17 136 Payment for which notice must be given 18 (1) This section concerns a payment, directed by an application 19 for payment of a rental bond, mentioned in any of the 20 following provisions-- 21 (a) section 128(3); 22 (b) section 129(3); 23 (c) section 132(5); 24 (d) section 133(3); 25 (e) section 134(3); 26 (f) section 135(2) or (3). 27 Page 95

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 136] (2) The authority must give written notice of the application to 1 the interested person or, if there is more than 1 interested 2 person, to each of them. 3 (3) If there is only 1 interested person, the authority must make 4 the directed payment-- 5 (a) if the interested person does not make a dispute 6 resolution request to the authority about the payment 7 within 14 days after notice is given under subsection (2); 8 or 9 (b) if a dispute resolution request under paragraph (a) is 10 made but is withdrawn; or 11 (c) if-- 12 (i) a dispute resolution request under paragraph (a) is 13 made; and 14 (ii) the conciliation process ends without a conciliated 15 resolution having been reached; and 16 (iii) the authority gives the interested person a written 17 notice about the ending of the conciliation process; 18 and 19 (iv) either-- 20 (A) the interested person does not apply to a 21 tribunal for an order about the payment, and 22 give the authority a written notice informing 23 it of the application, within 7 days after the 24 notice under subparagraph (iii) is given; or 25 (B) an application to a tribunal under 26 sub-subparagraph (A) is made but is 27 withdrawn. 28 (4) If there is more than 1 interested person, the authority must 29 make the directed payment-- 30 (a) if none of the interested persons makes a dispute 31 resolution request to the authority about the payment 32 Page 96

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 136] within 14 days after notice is given under subsection (2); 1 or 2 (b) if 1 or more dispute resolution requests under paragraph 3 (a) are made but all are withdrawn; or 4 (c) if-- 5 (i) 1 or more dispute resolution requests under 6 paragraph (a) are made; and 7 (ii) the conciliation process ends without a conciliated 8 resolution having been reached; and 9 (iii) the authority gives the interested person or persons 10 who made the dispute resolution request a written 11 notice about the ending of the conciliation process; 12 and 13 (iv) either-- 14 (A) none of the interested persons applies to a 15 tribunal for an order about the payment, and 16 gives the authority a written notice informing 17 it of the application, within 7 days after the 18 notice under subparagraph (iii) is given; or 19 (B) 1 or more applications to a tribunal under 20 sub-subparagraph (A) are made but all are 21 withdrawn. 22 (5) An interested person may, within the 7 day period mentioned 23 in subsection (3)(c)(iv)(A) or (4)(c)(iv)(A), give the authority 24 a written application requesting it to extend the period by not 25 more than 3 days. 26 (6) The authority may grant an application under subsection (5) if 27 the authority considers there is a sufficient reason to extend 28 the period. 29 Examples of a sufficient reason-- 30 the interested person was ill during the 7 day period 31 the interested person did not receive the written notice because the mail 32 was affected by a natural disaster 33 Page 97

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 137] (7) In this section-- 1 interested person, for a payment mentioned in a notice 2 provision, means a person stated in the provision to be an 3 interested person for the payment. 4 notice provision means a provision mentioned in subsection 5 (1). 6 137 Payment under tribunal order 7 (1) This section applies if-- 8 (a) a tribunal makes an order about payment of a rental 9 bond; and 10 (b) the authority is given a copy of the order. 11 (2) The authority must pay the rental bond in accordance with the 12 order. 13 138 Payment to rental bond supplier 14 (1) This section applies if-- 15 (a) a rental bond is payable to a contributor for the bond; 16 and 17 (b) the authority is satisfied a person paid the rental bond 18 direct to it as assistance to the contributor. 19 (2) The authority must pay the rental bond to the person instead 20 of the contributor. 21 139 Limitation affecting payment 22 (1) The authority must not pay a rental bond for a residential 23 tenancy agreement if it knows-- 24 (a) the lessor or tenant has given a notice to leave, or notice 25 of intention to leave, the premises and the handover day 26 for the notice has not arrived; or 27 Page 98

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 140] (b) the lessor has given an abandonment termination notice 1 to the tenant and the agreement has not ended. 2 (2) Also, the authority must not pay a rental bond for a rooming 3 accommodation agreement if it knows-- 4 (a) the provider or resident has given a notice terminating 5 the rooming accommodation agreement on a stated day 6 and the stated day has not arrived; or 7 (b) the provider has given the resident a notice requiring the 8 resident to leave the rental premises by a stated day and 9 the stated day has not arrived. 10 (3) However, subsections (1) and (2) do not prevent the authority 11 making a payment it may make without giving notice to-- 12 (a) the lessor or tenant; or 13 (b) the provider or resident. 14 140 Withdrawal of application 15 (1) This section applies to an application to the authority for the 16 payment of a rental bond. 17 (2) If there is only 1 applicant and the application is withdrawn 18 before the authority makes a payment directed by it, the 19 authority must stop dealing with it. 20 (3) For an application with 2 or more applicants-- 21 (a) if all of the applicants withdraw before the authority 22 makes a payment directed by the application, the 23 authority must stop dealing with it; or 24 (b) if 1 or more, but not all, of the applicants withdraw 25 before the authority makes a payment directed by the 26 application, the authority must deal with it as an 27 application made by the remaining applicants. 28 Page 99

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 141] 141 Payment under person's direction 1 (1) This section applies if the authority is required to pay a rental 2 bond to a person. 3 (2) If payment is required to be made to the tenant, the authority 4 may make the payment to a person other than the tenant only 5 if, under a regulation, the person is taken to have contributed 6 to the rental bond. 7 (3) Subsection (2) is subject to section 138. 8 (4) Also, if the payment is required to be made to the lessor, the 9 authority may make the payment only to the lessor or the 10 lessor's agent. 11 Subdivision 5 Payment by authority in stated 12 circumstances if bond loan 13 contributor 14 142 Application of sdiv 5 15 This subdivision applies to an application to the authority for 16 payment of a rental bond if-- 17 (a) there is more than 1 contributor for the bond; and 18 (b) at least 1 of the contributors is a bond loan contributor; 19 and 20 (c) not all contributors are bond loan contributors; and 21 (d) the bond loan contributor's share is proportionally less 22 than the share of the other contributors having regard to 23 the initial contribution of each contributor; and 24 (e) the amount of the bond loan contributor's share is less 25 than the balance owing for the bond loan to the 26 department in which the Housing Act 2003 is 27 administered. 28 Page 100

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 143] 143 Chief executive taken to be interested person 1 If this subdivision applies, the chief executive of the 2 department in which the Housing Act 2003 is administered is 3 taken to be an interested person for payment of the rental 4 bond. 5 144 Sdivs 3 and 4 apply subject to this subdivision 6 (1) Subdivisions 3 and 4 apply subject to this subdivision. 7 (2) Without limiting subsection (1), if this subdivision applies-- 8 (a) the chief executive is taken to be an interested person for 9 subdivision 3, including section 131; and 10 (b) the application of section 136 is extended to include an 11 application for which the chief executive is taken to be 12 an interested person; and 13 (c) subdivision 4 applies with any modifications necessary 14 because the chief executive is taken to be an interested 15 person. 16 Division 4 Enforcement provisions 17 145 Receipt 18 (1) A person receiving a rental bond must give a receipt for the 19 rental bond as required by this section. 20 Maximum penalty--10 penalty units. 21 (2) The receipt must-- 22 (a) be given to the person paying the rental bond when the 23 rental bond is received; and 24 (b) be signed by the person receiving the rental bond. 25 (3) The receipt must state the following-- 26 (a) the name of the person receiving the rental bond; 27 Page 101

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 146] (b) the tenant's name and, if the person receiving the bond 1 is not the lessor, the lessor's name; 2 (c) the address of the residential premises or rental premises 3 for which the bond is paid; 4 (d) the date the bond is received; 5 (e) the amount of the bond; 6 (f) if there are cotenants and the cotenants tell the person 7 receiving the bond the proportions in which the bond is 8 paid--the amount paid by each cotenant. 9 (4) The person giving the receipt must keep a copy of it for at 10 least 1 year after the agreement ends. 11 Maximum penalty--10 penalty units. 12 146 Payments above maximum amount 13 (1) A person must not require payment of, or accept, a rental bond 14 more than, or amounts as rental bond totalling more than-- 15 (a) if the lessor is the tenant's employer and gives the tenant 16 a rental subsidy--the amount fixed under subsection 17 (2); or 18 (b) otherwise--the maximum rental bond for the 19 agreement. 20 Maximum penalty--20 penalty units. 21 (2) For subsection (1)(a), the amount is the greater of the 22 following amounts-- 23 (a) $400; 24 (b) the maximum rental bond for the agreement. 25 (3) Subsection (1) does not apply if the weekly rent under the 26 agreement is more than the amount prescribed under a 27 regulation. 28 Page 102

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 147] (4) For subsection (3), different amounts may be prescribed for 1 residential tenancy agreements and rooming accommodation 2 agreements. 3 147 Order for payment if guilty of offence 4 (1) If a person is found guilty of an offence against section 116, 5 117, 118 or 119, the court making the finding may order the 6 person to pay to the authority, within a stated time, an amount 7 equal to the rental bond. 8 (2) The court may make the order as well as imposing a penalty 9 for the offence. 10 (3) An amount ordered to be paid by a person may be recovered 11 by the authority as a debt owing to it by the person. 12 (4) Subsection (1) does not limit the court's powers under the 13 Penalties and Sentences Act 1992 or another law. 14 148 Order for return of bond if bond wrongfully taken 15 (1) This section applies if a lessor or lessor's agent is found guilty 16 of an offence against section 57(2). 17 (2) If the authority holds the bond, the authority must refund it-- 18 (a) if there is only 1 contributor--to that contributor; or 19 (b) if there is more than 1 contributor--to the contributors 20 in the shares in which they contributed. 21 (3) No part of the rental bond may be paid to, or claimed by, the 22 lessor or agent. 23 Division 5 Accounts and investments 24 149 Accounts 25 (1) The authority must keep-- 26 (a) a rental bond account; and 27 Page 103

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 150] (b) a rental bond interest account. 1 (2) The accounts are in addition to other accounts the authority is 2 required or permitted to keep under this or another Act. 3 150 Rental bond account 4 (1) The authority must pay into the rental bond account all rental 5 bonds it receives under this Act. 6 (2) The authority may pay only the following amounts out of the 7 rental bond account-- 8 (a) amounts payable under division 3; 9 (b) amounts invested under the Statutory Bodies Financial 10 Arrangements Act 1982; 11 (c) amounts paid under section 151. 12 151 Unclaimed amounts in rental bond account 13 (1) This section applies if-- 14 (a) in order to make a payment out of the rental bond 15 account under section 150(2)(a), the authority draws a 16 cheque and gives it to the person entitled to the 17 payment; and 18 (b) the cheque is not presented for payment within 15 19 months after it is drawn; and 20 (c) it is at least 7 years since the cheque was drawn; and 21 (d) since the end of the time mentioned in paragraph (b), the 22 person has not received the amount and has not asked 23 the authority to be paid the amount. 24 (2) With the Minister's agreement, the authority may pay the 25 amount out of the rental bond account for-- 26 (a) a purpose mentioned in section 153(1)(a) to (d); or 27 Page 104

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 152] (b) conducting a scheme, or helping another entity to 1 conduct a scheme, to provide housing or a related 2 service. 3 (3) This section does not affect the person's entitlement to be paid 4 the amount. 5 152 Rental bond interest account 6 (1) The authority must pay into the rental bond interest account 7 all amounts earned on investments or loans made by it. 8 (2) The authority may pay only the following amounts out of the 9 rental bond interest account-- 10 (a) amounts to meet the cost of performing its functions 11 under this Act; 12 (b) amounts invested under the Statutory Bodies Financial 13 Arrangements Act 1982; 14 (c) amounts paid out under another provision of this Act. 15 153 Other payments from rental bond interest account 16 (1) The authority may make payments from its rental bond 17 interest account (whether by way of grant or loan) for-- 18 (a) establishing or administering rental advisory services; 19 or 20 (b) establishing schemes for supplying residential 21 accommodation; or 22 (c) researching, or setting up projects about improving, 23 relationships between lessors and tenants; or 24 (d) facilitating the resolution of disputes about agreements 25 by tribunals. 26 (2) However, the authority may make a payment under 27 subsection (1) only with the Minister's agreement. 28 Page 105

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 3 Rental bonds [s 154] Division 6 Miscellaneous 1 154 Increase in rental bond 2 The tenant must increase a rental bond if-- 3 (a) the rent payable under the agreement increases; and 4 (b) the lessor gives written notice to the tenant to increase 5 the rental bond; and 6 (c) the notice is given at least 11 months after-- 7 (i) the agreement started; or 8 (ii) if the rental bond has been increased previously 9 following the giving of a notice under this 10 section--the day stated in the notice, or the last 11 notice, for making the increase; and 12 (d) the notice states the day by which the increase must be 13 made; and 14 (e) the day stated is at least 1 month after the tenant is given 15 the notice about the increase. 16 155 Rental bond resulting from rent decrease 17 (1) This section applies if, in the first 6 months of the term of an 18 agreement, the rent payable under the agreement decreases or 19 is decreased. 20 (2) The amount paid as rent in the 6 month period above the 21 amount that would have been payable if the lower, or lowest, 22 amount of rent payable in the period had applied for the full 23 period is, subject to an order of a tribunal, taken to be a 24 payment of a rental bond. 25 (3) If the lessor disputes the amount being treated as a rental 26 bond, the lessor may, within 7 days after the end of the 6 27 month period, apply to a tribunal and the tribunal may make 28 an order declaring the amount, or a part of the amount, is, or is 29 not, a rental bond. 30 Page 106

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 4 Key and holding deposits for residential tenancies [s 156] (4) If, because of subsection (2), a rental bond above the 1 maximum rental bond is paid, the authority must pay the 2 amount to the tenant on payment of the excess amount to it. 3 Part 4 Key and holding deposits for 4 residential tenancies 5 Division 1 Key deposits 6 156 Payment of key deposits 7 A person may require a prospective tenant to pay an amount 8 as a deposit for a key (a key deposit) to enable the prospective 9 tenant to enter and inspect the premises to which the proposed 10 tenancy relates. 11 157 Receipts for key deposits 12 (1) A person receiving a key deposit must give a receipt for the 13 deposit as required by this section. 14 Maximum penalty--10 penalty units. 15 (2) The receipt must-- 16 (a) be given to the person paying the deposit when the 17 deposit is received; and 18 (b) be signed by the person receiving the deposit. 19 (3) The receipt must state the following-- 20 (a) the name of the person receiving the deposit; 21 (b) the name of the person paying the deposit; 22 (c) the address of the premises for which the key is given; 23 (d) the date the deposit is received; 24 Page 107

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 4 Key and holding deposits for residential tenancies [s 158] (e) the amount of the deposit; 1 (f) that the amount is a key deposit; 2 (g) when the key is to be returned. 3 158 Refunding key deposit 4 A person who receives a key deposit from a prospective tenant 5 must refund the deposit in full when the key is returned to the 6 person, whether or not the prospective tenant enters into a 7 residential tenancy agreement for the relevant premises. 8 Maximum penalty--10 penalty units. 9 Division 2 Holding deposits 10 159 Payment of holding deposits 11 (1) A person may require a prospective tenant to pay, or accept 12 from a prospective tenant, a holding deposit for a tenancy of 13 premises. 14 (2) However, a person must not do either of the following during 15 the option period relating to the payment of a holding deposit 16 by a prospective tenant for the same premises-- 17 (a) require another prospective tenant to pay a holding 18 deposit; 19 (b) accept a holding deposit from another prospective 20 tenant. 21 Maximum penalty--20 penalty units. 22 (3) In this section-- 23 option period, for an option created by the payment of a 24 holding deposit, means-- 25 (a) the period stated in the receipt for the payment as the 26 period in which the option may be exercised; or 27 Page 108

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 4 Key and holding deposits for residential tenancies [s 160] (b) if a period is not stated--the period ending 48 hours 1 after the receipt is given. 2 160 Receipts for holding deposits 3 (1) A person receiving a holding deposit must give a receipt for 4 the deposit as required by this section. 5 Maximum penalty--10 penalty units. 6 (2) The receipt must-- 7 (a) be given to the person paying the deposit when the 8 deposit is received; and 9 (b) be signed by the person receiving the deposit. 10 (3) The receipt must state the following-- 11 (a) the name of the person receiving the deposit; 12 (b) the tenant's name and, if the person receiving the 13 deposit is not the lessor, the lessor's name; 14 (c) the address of the premises for which the deposit is paid; 15 (d) the date the deposit is received; 16 (e) the amount of the deposit; 17 (f) that the payment is a holding deposit; 18 (g) when the option to enter into an agreement may be 19 exercised. 20 161 Rights and obligations about holding deposits 21 (1) A holding deposit paid to or for a prospective lessor of 22 residential premises is forfeited to the prospective lessor if-- 23 (a) the prospective tenant does not, within the option 24 period-- 25 (i) exercise the option to enter into an agreement for 26 the premises; or 27 Page 109

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 4 Key and holding deposits for residential tenancies [s 162] (ii) notify the prospective lessor of the intention not to 1 exercise the option; or 2 (b) having exercised the option, the prospective tenant fails 3 to take all necessary and reasonable steps to enter into 4 the agreement. 5 (2) If the holding deposit is not forfeited but the agreement is not 6 entered into, the prospective lessor must refund the deposit to 7 the prospective tenant within 3 days after the prospective 8 tenant notifies the prospective lessor of the intention not to 9 exercise the option. 10 (3) If the holding deposit is not refunded, it may be recovered by 11 the prospective tenant as a debt owing by the prospective 12 lessor to the tenant. 13 (4) If the prospective tenant exercises the option, the prospective 14 lessor or prospective lessor's agent must take all necessary 15 and reasonable steps to ensure the prospective lessor enters 16 into the agreement. 17 Maximum penalty--20 penalty units. 18 (5) If the agreement is entered into-- 19 (a) the holding deposit must be applied in full or part 20 payment of the rental bond for the agreement; and 21 (b) if an amount remains from the deposit after payment of 22 the rental bond--the amount must be applied in 23 payment of rent. 24 (6) Sections 24 and 25 apply to this section as if a reference in the 25 sections to the lessor were a reference to the prospective 26 lessor. 27 162 Orders of tribunal 28 If an application is made to a tribunal by a person by or to 29 whom a holding deposit is paid, the tribunal may make any 30 order it considers appropriate about the forfeiture, refunding 31 or application of the deposit. 32 Page 110

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 163] Part 5 Outgoings of lessor or provider 1 Division 1 Residential tenancy agreements 2 Subdivision 1 Outgoings other than service 3 charges 4 163 Outgoings other than service charges 5 (1) The lessor must pay all charges, levies, premiums, rates or 6 taxes payable for the premises. 7 (2) This section does not apply if-- 8 (a) the lessor is the State; and 9 (b) rent is not payable under the agreement; and 10 (c) the tenant is an entity receiving financial or other 11 assistance from the State to supply rented 12 accommodation to persons. 13 Subdivision 2 Service charges 14 164 Meaning of service charge 15 (1) For premises that are not moveable dwelling premises in a 16 moveable dwelling park, a service charge is a charge payable 17 by a person as owner or occupier of premises for-- 18 (a) electricity, gas or water supplied to the premises; or 19 (b) another service or facility, prescribed under a regulation, 20 supplied to, or used at, the premises. 21 (2) For premises that are not moveable dwelling premises in a 22 moveable dwelling park, a service charge also includes an 23 amount payable by a person for water fit for human 24 Page 111

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 165] consumption supplied to the premises by delivery by means of 1 a vehicle. 2 (3) For premises that are moveable dwelling premises in a 3 moveable dwelling park, a service charge is a charge payable 4 by a person as owner or occupier of premises for-- 5 (a) electricity, gas or water, or a sewerage service, supplied 6 to, or used at, the premises or park; or 7 (b) another service or facility, prescribed under a regulation, 8 supplied to, or used at, the premises or park. 9 165 General service charges for premises other than 10 moveable dwelling premises 11 (1) This section applies to premises that are not moveable 12 dwelling premises if the tenant is required to pay an amount 13 for the lessor's outgoings for a general service charge for the 14 premises because the tenant is enjoying or sharing the benefit 15 of the relevant service or facility. 16 (2) If the premises are not individually metered for the service or 17 facility, the tenant may be required to pay an amount for the 18 outgoings only if the agreement states-- 19 (a) the service or facility for which the outgoings are 20 payable; and 21 (b) how the apportionment of the outgoings to the tenant 22 will be worked out; and 23 (c) how the outgoings may be recovered by the lessor from 24 the tenant. 25 (3) The tenant may not be required to pay an amount for the 26 outgoings that is more than-- 27 (a) if the premises are not individually metered--the 28 amount worked out under the agreement; or 29 (b) if the premises are individually metered and-- 30 Page 112

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 166] (i) a way for working out the amount payable by the 1 tenant is prescribed under a regulation--the 2 amount worked out in the way prescribed; or 3 (ii) a way is not prescribed--the amount charged by 4 the relevant supply authority for the quantity of the 5 thing, or the service or facility, supplied to, or used 6 at, the premises. 7 166 Water service charges for premises other than moveable 8 dwelling premises 9 (1) This section applies to premises that are not moveable 10 dwelling premises. 11 (2) The tenant may be required to pay an amount for the water 12 consumption charges for the premises only if-- 13 (a) the tenant is enjoying or sharing the benefit of a water 14 service to the premises; and 15 (b) the premises are individually metered for the supply of 16 water or water is supplied to the premises by delivery by 17 means of a vehicle; and 18 (c) the agreement states that an amount for the water 19 consumption charges for the premises is payable by the 20 tenant. 21 (3) The tenant may be required to pay an amount for all of the 22 water consumption charges payable for the premises for a 23 period only if, during the period, the premises are water 24 efficient. 25 (4) If during a period the premises are not water efficient, the 26 tenant may only be required to pay an amount for the water 27 consumption charges payable for the premises for the period 28 that is more than an amount payable for a reasonable quantity 29 of water supplied to the premises. 30 (5) Without limiting subsection (4), in deciding what is a 31 reasonable quantity of water for subsection (4), regard must 32 be had to the matters mentioned in section 169(4)(a) to (e). 33 Page 113

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 167] (6) Despite subsections (2) to (5), the tenant may not, for a 1 period, be required to pay an amount for water consumption 2 charges for the premises that is more than the amount of the 3 water consumption charges payable to the relevant water 4 supplier. 5 (7) Also, the tenant may not be required to pay an amount of the 6 water service charges payable for the premises for a fixed 7 charge for the water service to the premises. 8 (8) For this section, premises are water efficient only if they 9 comply with the water efficiency requirements prescribed 10 under a regulation. 11 (9) In this section-- 12 water consumption charge, for premises, means the variable 13 part of a water service charge assessed on the volume of water 14 supplied to the premises. 15 167 Service charges for moveable dwelling premises 16 individually metered 17 (1) This section applies to moveable dwelling premises if the 18 tenant is required to pay an amount for the lessor's outgoings 19 for a service charge for the premises because the tenant is 20 enjoying or sharing the benefit of the relevant service or 21 facility. 22 (2) The tenant may be required to pay an amount for the 23 outgoings only if the premises are individually metered for the 24 service or facility. 25 (3) The tenant must not be required to pay an amount for the 26 outgoings that is more than-- 27 (a) if a way for working out the amount payable by the 28 tenant is prescribed under a regulation--the amount 29 worked out in the way prescribed; or 30 (b) if a way is not prescribed--the amount charged by the 31 relevant supply authority for the quantity of the thing, or 32 Page 114

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 168] the service or facility, supplied to, or used at, the 1 premises. 2 168 Service charges absorbed in rent for moveable dwelling 3 premises 4 (1) This section applies to moveable dwelling premises if the 5 tenant is not required to pay an amount for the lessor's 6 outgoings for a service charge for the premises, even though 7 the tenant is enjoying or sharing the benefit of the relevant 8 service or facility. 9 (2) If-- 10 (a) a service or facility becomes unavailable for use by the 11 tenant because of action taken by the lessor; and 12 (b) it is a service or facility for which an amount of rent is 13 attributable; 14 reduced rent is payable under the agreement from the day the 15 service or facility ceases to be available, and the agreement is 16 taken to be amended accordingly. 17 (3) The reduced rent is the amount of rent payable under the 18 agreement immediately before the service or facility became 19 unavailable, reduced by-- 20 (a) the amount agreed on by the lessor and tenant as 21 reflecting the amount of rent attributable to the service 22 or facility; or 23 (b) if they do not agree on an amount--the amount decided 24 by a tribunal as reflecting the amount of rent attributable 25 to the service or facility. 26 (4) If the tenant asks the lessor for details of the amount of the 27 rent attributable to service charges for the premises, the lessor 28 must give the tenant a written statement showing-- 29 (a) each service or facility for which an amount of rent is 30 attributable; and 31 (b) the amount attributed to the service or facility. 32 Page 115

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 169] 169 Orders of tribunal 1 (1) This section applies if the lessor and tenant do not agree 2 about-- 3 (a) the amount of the lessor's outgoings for a service charge 4 payable by the tenant; or 5 (b) the amount of the reduced rent payable under the 6 agreement because a service or facility ceases to be 7 available for use by the tenant. 8 (2) Either party may apply to a tribunal for a decision about the 9 amount payable. 10 (3) For an application about outgoings, the tribunal may, in 11 addition to deciding the amount of the outgoings payable by 12 the tenant, make an order requiring payment of the amount by 13 the tenant. 14 (4) In deciding an amount payable by a tenant for outgoings for a 15 water service charge, the tribunal must have regard to the 16 following-- 17 (a) relevant available information about water usage and 18 charges for premises in the local government area in 19 which the relevant premises are situated; 20 (b) the area of the relevant land; 21 (c) any terms of the agreement affecting the amount of 22 water used; 23 (d) the presence or absence of water saving devices in the 24 premises; 25 (e) the number of persons occupying the premises; 26 (f) the quantity of water for which the lessor should 27 reasonably be liable; 28 (g) anything else the tribunal considers relevant. 29 (5) For an application about reduced rent, the tribunal may, as 30 well as deciding the amount of the reduced rent payable under 31 Page 116

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 5 Outgoings of lessor or provider [s 170] the agreement, make any order it considers appropriate about 1 rent paid, or payable, under the agreement. 2 Division 2 Rooming accommodation 3 agreements 4 170 Charge for utility service 5 (1) This section applies to the amounts payable by a provider, as 6 the owner or occupier of rental premises, for utility services 7 provided to the premises. 8 (2) A provision of a rooming accommodation agreement 9 requiring the resident to pay an amount for a utility service is 10 of no effect unless-- 11 (a) the resident's room is separately metered for the utility 12 service by an appliance approved by the supplying 13 entity; and 14 (b) the amount the resident is required to pay is not more 15 than the amount that the provider is charged by the 16 supplying entity for the utility service used by the 17 resident. 18 (3) In this section-- 19 utility service, provided to premises, means-- 20 (a) electricity, gas or water supplied to the premises; or 21 (b) water fit for human consumption supplied to the 22 premises by delivery by means of a vehicle; or 23 (c) another service supplied to the premises, or facility used 24 at the premises, prescribed under a regulation. 25 Page 117

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements [s 171] Part 6 Penalties and premiums for 1 residential tenancy agreements 2 and rooming accommodation 3 agreements 4 Division 1 Residential tenancy agreements 5 171 Supply of goods and services 6 (1) A person (the proposer) must not require another person (the 7 prospective tenant) to agree to buy goods or services from the 8 proposer or someone else as a condition of the prospective 9 tenant being accepted as the tenant under an agreement. 10 Maximum penalty--20 penalty units. 11 (2) The lessor or lessor's agent must not require the tenant to buy 12 goods or services from the lessor, the lessor's agent or a 13 person nominated by the lessor or agent (the nominated 14 supplier). 15 Maximum penalty--20 penalty units. 16 (3) This section does not apply to a requirement about a service 17 charge. 18 172 Incentive amounts prohibited 19 The lessor or lessor's agent must not ask for or receive from 20 the tenant or anyone else an amount for entering into, 21 extending or continuing the agreement, other than an amount 22 for rent, a rental bond, or other amount required or permitted 23 to be paid under this Act. 24 Maximum penalty--40 penalty units. 25 Page 118

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements [s 173] 173 Certain terms about penalties and other payments void 1 (1) A term of an agreement is void to the extent it provides that, if 2 the tenant breaches the agreement or this or another Act, the 3 tenant is liable to pay-- 4 (a) all or a part of the rent remaining payable under the 5 agreement; or 6 (b) increased rent; or 7 (c) an amount as a penalty; or 8 (d) an amount as liquidated damages. 9 (2) Despite subsection (1), a term of a fixed term agreement is not 10 void to the extent it provides that, if the tenant terminates the 11 agreement other than in a way permitted under this Act, the 12 tenant is liable to pay the reasonable costs incurred by the 13 lessor in reletting the premises. 14 (3) Subsection (2) applies to a term only if the only reference in 15 the term to the amount payable by the tenant is a reference to 16 the reasonable costs incurred by the lessor in reletting the 17 premises. 18 (4) The term must not include an amount, or a way of calculating 19 the amount, payable by the tenant. 20 (5) A lessor or lessor's agent must not require a tenant to enter 21 into an agreement containing a term that is void under 22 subsection (1). 23 Maximum penalty for subsection (5)--20 penalty units. 24 174 Terms about rent reductions etc. 25 (1) This section applies to a term of an agreement providing that, 26 if the tenant does not breach the agreement or this or another 27 Act-- 28 (a) the rent will, or may be, reduced; or 29 (b) the tenant will, or may be, given or paid a rebate or 30 refund of rent or other benefit. 31 Page 119

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements [s 175] (2) However, this section does not apply to a term of a residential 1 tenancy agreement providing only that, if the tenant pays the 2 rent before or when it is payable-- 3 (a) the rent will, or may be, reduced; or 4 (b) the tenant will, or may be, given or paid a rebate or 5 refund of rent or other benefit. 6 (3) A term to which this section applies is taken to be varied so 7 that the tenant is entitled immediately to the reduction, rebate, 8 refund or other benefit. 9 (4) A variation is taken to be made on the commencement of the 10 agreement, or the application of this section to the agreement, 11 whichever happens later. 12 (5) In this section-- 13 term includes part of a term. 14 175 Premiums for letting moveable dwelling premises 15 (1) This section applies only to moveable dwelling premises in a 16 moveable dwelling park. 17 (2) A person must not require someone else to pay, or accept 18 from someone else an amount-- 19 (a) for accepting the other person as a tenant under a long 20 tenancy (moveable dwelling); and 21 (b) for which the other person does not receive a benefit as 22 tenant. 23 Maximum penalty--20 penalty units. 24 Page 120

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements [s 176] Division 2 Rooming accommodation 1 agreements 2 176 Supply of goods and services 3 (1) A person (the proposer) must not require another person (the 4 prospective resident) to agree to buy goods or services from 5 the proposer or someone else as a condition of the prospective 6 resident being accepted as the resident under an agreement. 7 Maximum penalty--20 penalty units. 8 (2) The provider or provider's agent must not require the resident 9 to buy goods or services from the provider, the provider's 10 agent or a person nominated by the provider or agent (the 11 nominated supplier). 12 Maximum penalty--20 penalty units. 13 (3) This section does not apply to a requirement about a utility 14 service. 15 (4) In this section-- 16 utility service, provided to premises, means-- 17 (a) electricity, gas or water supplied to the premises; or 18 (b) water fit for human consumption supplied to the 19 premises by delivery by means of a vehicle; or 20 (c) another service supplied to the premises, or facility used 21 at the premises, prescribed under a regulation. 22 177 Incentive amounts prohibited 23 The provider or provider's agent must not ask for or receive 24 from the resident or anyone else an amount for entering into, 25 extending or continuing the agreement, other than an amount 26 for rent, a rental bond, or other amount required or permitted 27 to be paid under this Act. 28 Maximum penalty--40 penalty units. 29 Page 121

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 6 Penalties and premiums for residential tenancy agreements and rooming accommodation agreements [s 178] 178 Certain terms about penalties and other payments void 1 (1) A term of an agreement is void to the extent it provides that, if 2 the resident breaches the agreement or this or another Act, the 3 resident is liable to pay-- 4 (a) all or a part of the rent remaining payable under the 5 agreement; or 6 (b) increased rent; or 7 (c) an amount as a penalty; or 8 (d) an amount as liquidated damages. 9 (2) Despite subsection (1), a term of a fixed term agreement is not 10 void to the extent it provides that, if the resident terminates 11 the agreement other than in a way permitted under this Act, 12 the resident is liable to pay the reasonable costs incurred by 13 the provider in reletting the resident's room. 14 (3) Subsection (2) applies to a term only if the only reference in 15 the term to the amount payable by the resident is a reference 16 to the reasonable costs incurred by the provider in reletting the 17 resident's room. 18 (4) The term must not include an amount, or a way of calculating 19 the amount, payable by the resident. 20 (5) A provider or provider's agent must not require a resident to 21 enter into an agreement containing a term that is void under 22 subsection (1). 23 Maximum penalty for subsection (5)--20 penalty units. 24 179 Terms about rent reductions etc. 25 (1) This section applies to a term of an agreement providing that, 26 if the resident does not breach the agreement or this or another 27 Act-- 28 (a) the rent will, or may be, reduced; or 29 (b) the resident will, or may be, given or paid a rebate or 30 refund of rent or other benefit. 31 Page 122

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 7 Tenancy guarantees [s 180] (2) However, this section does not apply to a term of a residential 1 tenancy agreement providing only that, if the resident pays the 2 rent before or when it is payable-- 3 (a) the rent will, or may be, reduced; or 4 (b) the resident will, or may be, given or paid a rebate or 5 refund of rent or other benefit. 6 (3) A term to which this section applies is taken to be varied so 7 that the resident is entitled immediately to the reduction, 8 rebate, refund or other benefit. 9 (4) A variation is taken to be made on the commencement of the 10 agreement, or the application of this section to the agreement, 11 whichever happens later. 12 (5) In this section-- 13 term includes part of a term. 14 Part 7 Tenancy guarantees 15 180 Tenancy guarantees 16 (1) A tenancy guarantee, for a residential tenancy agreement 17 between a lessor and tenant, is an undertaking by the 18 department to pay up to a stated amount to the lessor if-- 19 (a) loss or expense is incurred by the lessor because of a 20 breach of the agreement by the tenant; and 21 (b) the amount of any rental bond provided by the tenant is 22 not sufficient to cover the amount owing to the lessor for 23 the breach. 24 (2) A tenancy guarantee is not-- 25 (a) a rental bond; or 26 (b) financial protection under section 119; or 27 Page 123

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 1 Occupation and use of the premises [s 181] (c) an amount for entering into, extending or continuing an 1 agreement under section 172. 2 Chapter 3 Rights and obligations of 3 parties for residential 4 tenancies 5 Part 1 Occupation and use of the 6 premises 7 181 Legal impediments to occupation as residence 8 (1) The lessor must ensure there is no legal impediment to 9 occupation of the premises by the tenant as a residence for the 10 term of the tenancy. 11 (2) Subsection (1) applies only to legal impediments the lessor 12 knew about, or ought reasonably to have known about, when 13 entering into the agreement. 14 182 Vacant possession 15 (1) The lessor must ensure the tenant has vacant possession of the 16 premises on the day the tenant is entitled to occupy the 17 premises under the agreement. 18 (2) Subsection (1) does not apply to any part of the premises to 19 which the tenant does not have a right of exclusive 20 occupation. 21 183 Quiet enjoyment 22 (1) The lessor must take reasonable steps to ensure the tenant has 23 quiet enjoyment of the premises. 24 Page 124

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 2 General standard of the premises [s 184] (2) The lessor or lessor's agent must not interfere with the 1 reasonable peace, comfort or privacy of the tenant in using the 2 premises. 3 Maximum penalty for subsection (2)--20 penalty units. 4 184 Tenant's use of premises 5 The tenant must not-- 6 (a) use the premises for an illegal purpose; or 7 (b) cause a nuisance by the use of the premises; or 8 (c) interfere with the reasonable peace, comfort or privacy 9 of a neighbour of the tenant. 10 Part 2 General standard of the 11 premises 12 185 Lessor's obligations generally 13 (1) This section does not apply to an agreement if-- 14 (a) the premises are moveable dwelling premises consisting 15 only of the site for the dwelling; and 16 (b) the tenancy is a long tenancy (moveable dwelling). 17 (2) At the start of the tenancy, the lessor must ensure-- 18 (a) the premises and inclusions are clean; and 19 (b) the premises are fit for the tenant to live in; and 20 (c) the premises and inclusions are in good repair; and 21 (d) the lessor is not in breach of a law dealing with issues 22 about the health or safety of persons using or entering 23 the premises. 24 (3) While the tenancy continues, the lessor-- 25 Page 125

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 2 General standard of the premises [s 185] (a) must maintain the premises in a way that the premises 1 remain fit for the tenant to live in; and 2 (b) must maintain the premises and inclusions in good 3 repair; and 4 (c) must ensure any law dealing with issues about the health 5 or safety of persons using or entering the premises is 6 complied with; and 7 (d) if the premises include a common area--must keep the 8 area clean. 9 Editor's note-- 10 See section 217 (Notice of damage) for the tenant's obligations to notify 11 the lessor about damage to premises and the need for repairs. 12 (4) However, the lessor is not required to comply with subsection 13 (2)(c) or (3)(a) for fixtures attached to premises, and 14 inclusions supplied with premises, (the non-standard items) 15 if-- 16 (a) the lessor is the State; and 17 (b) the non-standard items are specified in the agreement 18 and the agreement states the lessor is not responsible for 19 their maintenance; and 20 (c) the non-standard items are not necessary and reasonable 21 to make the premises a fit place in which to live; and 22 (d) the non-standard items are not a risk to health or safety; 23 and 24 (e) for fixtures--the fixtures were not attached to the 25 premises by the lessor. 26 (5) In this section-- 27 premises include any common area available for use by the 28 tenant with the premises. 29 Page 126

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 2 General standard of the premises [s 186] 186 Lessor's obligations for facilities in moveable dwelling 1 parks 2 (1) This section applies only to an agreement for moveable 3 dwelling premises in a moveable dwelling park. 4 (2) However, this section does not apply if the lessor is a home 5 owner for the premises. 6 (3) At the start of the tenancy, the lessor must ensure-- 7 (a) the facilities in the park are clean; and 8 (b) the facilities are fit for the tenant to use; and 9 (c) the facilities are in good repair; and 10 (d) the lessor is not in breach of a law dealing with issues 11 about the health and safety of persons using or entering 12 the facilities. 13 (4) While the tenancy continues, the lessor must-- 14 (a) keep the facilities clean; and 15 (b) maintain the facilities in a way that the facilities remain 16 fit for the tenant to use; and 17 (c) maintain the facilities in good repair; and 18 (d) ensure any law dealing with issues about the health or 19 safety of persons using the facilities is complied with. 20 187 Lessor's obligations for moveable dwelling site 21 (1) This section applies to an agreement only if-- 22 (a) the premises are moveable dwelling premises consisting 23 only of the site for the dwelling; and 24 (b) the tenancy is a long tenancy (moveable dwelling). 25 (2) At the start of the tenancy, the lessor must ensure the premises 26 are clean and are a fit site for a moveable dwelling. 27 (3) While the tenancy continues, the lessor-- 28 Page 127

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 2 General standard of the premises [s 188] (a) must ensure the premises remain a fit site for a 1 moveable dwelling; and 2 (b) may make any improvements to the premises the lessor 3 considers appropriate. 4 188 Tenant's obligations generally 5 (1) This section does not apply to an agreement if-- 6 (a) the premises are moveable dwelling premises consisting 7 only of the site for the dwelling; and 8 (b) the tenancy is a long tenancy (moveable dwelling). 9 (2) The tenant must keep the premises and inclusions clean, 10 having regard to their condition at the start of the tenancy. 11 (3) The tenant must not maliciously damage, or allow someone 12 else to maliciously damage, the premises or inclusions. 13 (4) At the end of the tenancy, the tenant must leave the premises 14 and inclusions, as far as possible, in the same condition they 15 were in at the start of the tenancy, fair wear and tear excepted. 16 Editor's note-- 17 See section 217 (Notice of damage) for the tenant's obligations to notify 18 the lessor about damage to premises and the need for repairs. 19 189 Tenant's obligations for facilities in moveable dwelling 20 parks 21 (1) This section applies only to an agreement for moveable 22 dwelling premises in a moveable dwelling park. 23 (2) The tenant must not-- 24 (a) do anything to a facility in the park that makes the 25 facility unfit for use or detracts from its appearance; or 26 (b) intentionally or negligently damage a facility in the 27 park. 28 Page 128

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 190] 190 Tenant's obligation for moveable dwelling site 1 (1) This section applies-- 2 (a) to an agreement for moveable dwelling premises 3 consisting only of the site for the dwelling; and 4 (b) if the tenancy is a long tenancy (moveable dwelling). 5 (2) The tenant must keep the premises in a way that does not 6 detract from the general standards of the moveable dwelling 7 park, or other general area, where the premises are situated. 8 (3) The tenant's obligation applies having regard to the condition 9 of the premises at the start of the tenancy and any 10 improvements made later by the lessor. 11 191 Orders of tribunal 12 (1) This section applies if, on an application made to a tribunal by 13 the tenant for an order under this section, the tribunal is 14 satisfied-- 15 (a) the lessor has failed to comply with the lessor's 16 maintenance obligation under section 185(3) or 186(4); 17 and 18 (b) the failure results in the health or safety of persons being 19 endangered; and 20 (c) the failure is reasonably capable of being remedied. 21 (2) The tribunal may order the lessor to remedy the failure within 22 the time decided by the tribunal. 23 Part 3 Lessor's right of entry 24 192 Grounds for entry 25 (1) The lessor or lessor's agent may enter the premises only-- 26 Page 129

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 192] (a) to inspect the premises; or 1 (b) to make routine repairs to, or carry out maintenance of, 2 the premises; or 3 (c) if repairs or maintenance have been made or carried out 4 under paragraph (b)--within 14 days after the 5 completion of the repairs or maintenance, to inspect the 6 repairs or maintenance; or 7 (d) to comply with the Fire and Rescue Service Act 1990 in 8 relation to smoke alarms; or 9 (e) to comply with the Electrical Safety Act 2002 in relation 10 to approved safety switches; or 11 (f) to show the premises to a prospective buyer or tenant; or 12 (g) to allow a valuation of the premises to be carried out; or 13 (h) if the lessor or agent believes, on reasonable grounds, 14 the premises have been abandoned; or 15 (i) if the lessor or agent has given the tenant a notice to 16 remedy a breach of the agreement that is a significant 17 breach--within 14 days after the end of the allowed 18 remedy period, to inspect to ascertain whether the tenant 19 has remedied the breach; or 20 (j) if the tenant agrees; or 21 (k) in an emergency; or 22 (l) if the lessor or agent believes on reasonable grounds that 23 the entry is necessary to protect the premises or 24 inclusions from imminent or further damage. 25 Example of entry in an emergency under paragraph (k)-- 26 to make emergency repairs to the roof of the premises 27 (2) In this section-- 28 significant breach, for a notice to remedy breach, means a 29 breach relating to any of the following-- 30 (a) using the premises for an illegal purpose; 31 Page 130

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 193] (b) the number of occupants allowed to reside in the 1 premises; 2 (c) keeping a pet on the premises; 3 (d) another matter, if the reasonable cost of rectifying the 4 matter exceeds 1 week's rent for the premises. 5 193 Notice of entry 6 (1) The lessor or lessor's agent may enter the premises under 7 section 192(1)(a) to (i) only if-- 8 (a) the lessor or agent has given notice of the proposed 9 entry (the entry notice) to the tenant; and 10 (b) the entry notice is in the approved form; and 11 (c) the entry notice is given-- 12 (i) for an entry under section 192(1)(a) if the tenancy 13 is not a short tenancy (moveable dwelling)--at 14 least 7 days before entering the premises; or 15 (ii) for another entry--at least 24 hours before entering 16 the premises. 17 Example for another entry under paragraph (c)(ii)-- 18 If the lessor or agent hands the tenant an entry notice at 2.30p.m. 19 on a Tuesday, the lessor or agent may enter from 2.30p.m. on the 20 Wednesday. 21 (2) An entry under section 192(1)(k) or (l) may be made without 22 giving the tenant notice of the proposed entry. 23 (3) Despite subsection (1), the lessor or agent may enter the 24 premises under section 192(1)(b), (d) or (e) without giving the 25 entry notice if it is not practicable to give the notice because 26 of-- 27 (a) the remoteness of the premises; and 28 (b) the shortage in the general area of the premises of a 29 suitably qualified tradesperson or other person needed to 30 make the repairs or carry out the maintenance. 31 Page 131

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 194] (4) Also, despite subsection (1), for premises that are a site only, 1 or a site and a caravan, or a site and a manufactured home, in a 2 moveable dwelling park, the lessor or agent may enter the site 3 under section 192(1)(b) to carry out maintenance of the site 4 without giving the entry notice if-- 5 (a) the agreement states-- 6 (i) the frequency with which the entry is required for 7 carrying out the maintenance; and 8 (ii) the conditions under which the entry may be made; 9 and 10 (b) the entry is made under the agreement. 11 194 Entry by lessor or lessor's agent with another person 12 (1) The lessor or lessor's agent may enter the premises with 13 another person if it is necessary to achieve the purpose of 14 entry under section 192. 15 (2) Without limiting subsection (1), the lessor or agent may enter 16 premises under section 192(1)(l) with a police officer. 17 195 When lessor or lessor's agent may enter 18 (1) An entry under section 192(1)(a) to (i)-- 19 (a) must be made at a reasonable time; and 20 (b) unless the tenant otherwise agrees, must not be made 21 on-- 22 (i) a Sunday or public holiday; or 23 (ii) another day after 6p.m. or before 8a.m. 24 (2) However, for an entry under section 192(1)(b), (d) or (e), 25 subsection (1)(b) does not apply if it is not practicable to 26 comply with that provision because of-- 27 (a) the remoteness of the premises; and 28 Page 132

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 196] (b) the shortage in the general area of the premises of a 1 suitably qualified tradesperson or other person needed to 2 make the repairs or carry out the maintenance. 3 (3) Unless the tenant otherwise agrees, an entry under section 4 192(1)(a) may not be made less than 3 months after a previous 5 entry by the lessor, or the renting or a secondary agent, under 6 section 192(1)(a). 7 (4) The lessor or lessor's agent may enter the premises under 8 section 192(1)(f) only if a reasonable time has elapsed since a 9 previous entry by the lessor, or the renting or a secondary 10 agent, under section 192(1)(f). 11 (5) The lessor or lessor's agent may enter the premises under 12 section 192(1)(j) only at a time agreed with the tenant. 13 196 Period for entry must be stated for entry by lessor and 14 lessor's agent without another person 15 (1) This section applies to entry under section 192 by-- 16 (a) the lessor or lessor's renting or selling agent; or 17 (b) both the lessor and lessor's renting or selling agent. 18 (2) The lessor or agent-- 19 (a) must state a period of up to 2 hours within which entry 20 will happen (the entry period), in the entry notice under 21 section 193; and 22 (b) may only enter within the entry period. 23 (3) Subsection (2) applies only to the initial entry and does not 24 prevent the lessor or lessor's agent remaining on the premises 25 after the end of the entry period. 26 (4) This section does not apply if another person is to accompany 27 the lessor or lessor's renting or selling agent to achieve the 28 purpose of entry under section 192. 29 Example of another person-- 30 a tradesperson 31 Page 133

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 197] (5) Also, for an entry under section 192(1)(b), (d) or (e), 1 subsection (2) does not apply if it is not practicable to comply 2 with that provision because of-- 3 (a) the remoteness of the premises; and 4 (b) the shortage in the general area of the premises of a 5 suitably qualified tradesperson or other person needed to 6 make the repairs or carry out the maintenance. 7 197 Entry to show premises to a prospective tenant 8 (1) The lessor or lessor's agent may enter the premises under 9 section 192(1)(f) to show the premises to a prospective tenant 10 only if-- 11 (a) a notice to leave the premises is given to the tenant 12 before, or when, the entry notice is given to the tenant; 13 or 14 (b) a notice of intention to leave the premises has been 15 given to the lessor by the tenant. 16 (2) The lessor or agent must not allow a prospective tenant to 17 enter the premises unless accompanied by the lessor or agent. 18 (3) However, a lessor or agent may allow a prospective tenant to 19 enter without being accompanied by the lessor or agent if the 20 tenant agrees. 21 Note-- 22 For an entry under section 192(1)(f), the lessor or agent is also required 23 to give an entry notice to the tenant under section 193(1). 24 198 Entry to show premises to a prospective buyer 25 (1) The lessor or lessor's agent may enter the premises under 26 section 192(1)(f) to show the premises to a prospective buyer 27 only if-- 28 (a) the lessor or agent gives the tenant a notice in the 29 approved form of the lessor's intention to sell the 30 Page 134

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 199] premises before, or when, the entry notice for the first 1 entry to the premises is given to the tenant; and 2 (b) for entry by a secondary agent, the secondary agent 3 gives the renting agent-- 4 (i) a copy of the notice of intention to sell given under 5 paragraph (a) before, or when, the entry notice for 6 the first entry to the premises is given to the renting 7 agent; and 8 (ii) unless otherwise agreed with the renting agent--an 9 entry notice before each entry to show the premises 10 to a prospective buyer. 11 (2) Subsection (1)(a) applies whether or not the tenant has agreed 12 to the entry under section 192(1)(j). 13 (3) The lessor or agent must not allow a prospective buyer to 14 enter the premises unless accompanied by the lessor or agent. 15 (4) However, a lessor or agent may allow a prospective buyer to 16 enter without being accompanied by the lessor or agent if the 17 tenant agrees. 18 Note-- 19 For an entry under section 192(1)(f), the lessor or agent is also required 20 to give an entry notice to the tenant under section 193(1). 21 199 Entry by secondary agents generally 22 (1) A secondary agent of the lessor may enter the premises under 23 section 192(1)(a) to (e) and (g) to (i) only if-- 24 (a) the tenant agrees; or 25 (b) the agent produces for the tenant's inspection written 26 evidence of the agent's appointment; or 27 (c) for an entry under section 192(1)(h) the tenant does not 28 respond to the entry notice within a reasonable time. 29 (2) However, for an entry under section 192(1)(b), (d) or (e), 30 subsection (1) does not apply if it is not practicable to comply 31 with that provision because of-- 32 Page 135

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 200] (a) the remoteness of the premises; and 1 (b) the shortage in the general area of the premises of a 2 suitably qualified tradesperson or other person needed to 3 make the repairs or carry out the maintenance. 4 200 Rules of entry 5 The rights and obligations under sections 192 to 199 about the 6 entry of premises are called the rules of entry. 7 201 Entry by lessor or lessor's agent under order of tribunal 8 (1) This section applies if, on an application made to a tribunal by 9 the lessor or tenant, the tribunal is satisfied-- 10 (a) the tenant has not allowed the lessor or lessor's agent to 11 enter the premises under the rules of entry; or 12 (b) the lessor or lessor's agent has entered the premises in 13 contravention of the rules of entry. 14 (2) The tribunal may change the rules of entry in the way it 15 considers appropriate. 16 (3) If the tribunal changes the rules on the ground mentioned in 17 subsection (1)(a), the lessor or agent may enter the premises 18 under the rules of entry or the rules of entry as changed. 19 (4) If the tribunal makes an order on the ground mentioned in 20 subsection (1)(b), the lessor or agent may enter the premises 21 only under the rules as changed. 22 202 Unlawful entry of premises 23 The lessor or lessor's agent, must not enter the premises in 24 contravention of-- 25 (a) the rules of entry; or 26 Page 136

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 3 Lessor's right of entry [s 203] (b) if the rules have been changed by a tribunal--the rules 1 of entry as changed. 2 Maximum penalty--20 penalty units. 3 203 Lessor or lessor's agent must not use photo or image 4 showing tenant's possessions in advertisement 5 Unless the lessor or lessor's agent has the tenant's written 6 consent, the lessor or agent must not use a photo or other 7 image of the premises in an advertisement if the photo or 8 image shows something belonging to the tenant. 9 Maximum penalty--20 penalty units. 10 204 Lessor or lessor's agent must not conduct open house or 11 on-site auction without tenant's consent 12 (1) The lessor or lessor's agent for premises must not do either of 13 the following without the tenant's written consent-- 14 (a) conduct an auction, or allow an auction to be conducted, 15 on the premises; 16 (b) conduct an open house, or allow an open house to be 17 conducted, on the premises. 18 Maximum penalty--20 penalty units. 19 (2) In this section-- 20 open house means an advertised period during which 21 premises that are for sale or rent may be entered and inspected 22 by prospective buyers or tenants generally. 23 Page 137

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 4 Personal details of the parties and agents [s 205] Part 4 Personal details of the parties 1 and agents 2 205 Tenant's name and other details 3 (1) If the lessor or the lessor's agent asks the tenant the tenant's 4 name or place of employment, the tenant must not give a false 5 name or place of employment. 6 Maximum penalty--20 penalty units. 7 (2) When handing over possession of the premises, the tenant 8 must tell the lessor or lessor's agent the tenant's new 9 residential address, unless the tenant has a reasonable excuse 10 for not telling the lessor or agent the new address. 11 Maximum penalty--20 penalty units. 12 (3) Subsection (2) applies only if the lessor or lessor's agent asks 13 the tenant in writing to state the new address. 14 206 Lessor's or agent's name and other details 15 (1) On or before the day the tenant starts occupying the premises, 16 the lessor or lessor's agent must give a written notice to the 17 tenant stating-- 18 (a) the lessor's name and address for service; or 19 (b) if the lessor has an agent who is authorised to stand in 20 the lessor's place in a proceeding prescribed under a 21 regulation (the prescribed proceeding)--the agent's 22 name and address for service. 23 Maximum penalty--20 penalty units. 24 (2) If a detail mentioned in the notice changes, the lessor or agent 25 must give written notice of the change to the tenant within 14 26 days after the change. 27 Maximum penalty--20 penalty units. 28 Page 138

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 207] (3) If details of the agent mentioned in subsection (1)(b) are given 1 to the tenant under this section, the agent stands in the lessor's 2 place for a prescribed proceeding and, for example-- 3 (a) the proceeding may be taken against the agent as if the 4 agent were the lessor; and 5 (b) a tribunal may make an order against the agent as if the 6 agent were the lessor; and 7 (c) settlement may be made with the agent as if the agent 8 were the lessor. 9 (4) In this section-- 10 address for service means-- 11 (a) for an individual--the individual's place of residence or 12 place of business; or 13 (b) for a body corporate--the body corporate's registered 14 office or place of business. 15 Part 5 The dwelling 16 Division 1 Fixtures and structural changes 17 207 Attaching fixtures and making structural changes 18 The tenant may attach a fixture, or make a structural change, 19 to the premises only if the lessor agrees to the fixture's 20 attachment or structural change. 21 208 Agreement about fixtures and structural changes 22 (1) The lessor's agreement to the attaching of a fixture, or making 23 of a structural change, must-- 24 (a) be in writing; and 25 Page 139

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 209] (b) describe the nature of the fixture or change; and 1 (c) include any terms of the agreement. 2 (2) For an agreement about attaching a fixture to premises, the 3 terms may include terms about-- 4 (a) whether the tenant may remove the fixture; and 5 (b) if removal by the tenant is allowed-- 6 (i) when and how the removal may be performed; and 7 (ii) the obligation of the tenant to repair any damage 8 caused to the premises in the removal or 9 compensate the lessor for the lessor's reasonable 10 costs of repairing the damage; and 11 (c) if removal by the tenant is not allowed--the obligation 12 of the lessor to compensate the tenant for any 13 improvement the fixture makes to the premises. 14 (3) The lessor must not act unreasonably in failing to agree to the 15 attaching of a fixture, or the making of a structural change, to 16 the premises. 17 (4) If the lessor agrees to a fixture being attached, or a structural 18 change being made, to the premises by the tenant, the tenant 19 must not contravene a term of the agreement. 20 209 Attaching fixture or making structural change without 21 lessor's agreement 22 (1) If the tenant attaches a fixture, or makes a structural change, 23 to the premises without the lessor's agreement, the lessor 24 may-- 25 (a) waive the breach; and 26 (b) treat the fixture or change as an improvement to the 27 premises for the lessor's benefit. 28 (2) The lessor may take the action under subsection (1) instead of 29 taking action for a breach of a term of the residential tenancy 30 agreement by the tenant. 31 Page 140

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 210] Division 2 Locks and keys 1 210 Supply of locks and keys 2 (1) The lessor must supply and maintain the locks that are 3 necessary to ensure the premises are reasonably secure. 4 (2) If there is only 1 tenant, the lessor must give to the tenant a 5 key for each lock that-- 6 (a) secures an entry to the premises; or 7 (b) secures a road or other place that is normally used to 8 gain access to, or leave, the area or building in which the 9 premises are situated; or 10 Example of a lock for paragraph (b)-- 11 a lock operating a boom gate that must be passed to enter or 12 leave the area in which the premises are situated 13 (c) is part of the premises. 14 Examples of locks for paragraph (c)-- 15 1 a lock on a door to a room in the premises 16 2 a lock on the mailbox for the premises 17 3 a lock on the door to a toolshed that forms part of the 18 premises 19 4 a lock on a built-in cupboard in the premises 20 (3) If there is more than 1 tenant, the lessor must-- 21 (a) give one of the tenants a key for each lock mentioned in 22 subsection (2); and 23 (b) give each of the other tenants a key for each lock 24 mentioned in subsection (2)(a) or (b). 25 (4) In this section-- 26 tenant means a person named in the agreement as a tenant. 27 Page 141

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 211] 211 Changing locks 1 (1) If the lessor or tenant changes a lock, the party must give to 2 the other party a key for the changed lock, unless-- 3 (a) the other party agrees to not being given a key; or 4 (b) a tribunal orders that a key not be given. 5 (2) However, the lessor or tenant may change a lock only if-- 6 (a) the party has a reasonable excuse for making the 7 change; or 8 (b) the other party agrees to the change. 9 (3) Without limiting subsection (2)(a), it is a reasonable excuse 10 for the lessor or tenant to change a lock if it is changed in an 11 emergency or under an order of a tribunal. 12 212 Agreement about changing locks 13 (1) The lessor or tenant must not act unreasonably in failing to 14 agree to the change of a lock. 15 (2) The changing of a lock by the lessor or tenant without the 16 other party's agreement is evidence the party did not have a 17 reasonable excuse for making the change. 18 213 Orders of tribunal 19 (1) If an application is made to a tribunal by the lessor or tenant 20 about a lock or key for the premises, the tribunal may make 21 any of the following orders about locks or keys for the 22 premises-- 23 (a) an order requiring the lessor to supply a lock, or a lock 24 of a particular kind; 25 (b) an order requiring the lessor to carry out stated 26 maintenance of a lock; 27 (c) an order authorising the lessor or tenant to change a 28 lock; 29 Page 142

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 214] (d) an order that the lessor or tenant is not required to give 1 to the other party a key to a lock; 2 (e) an order requiring the lessor or tenant to give to the 3 other party a key to a lock. 4 (2) In making an order mentioned in subsection (1)(a) or (c), the 5 tribunal may have regard to the following-- 6 (a) the likelihood of risk to the tenant's personal safety; 7 (b) the requirements of insurance companies for allowing 8 the tenant to obtain insurance for property of the tenant 9 kept at the premises; 10 (c) the likelihood of break-ins or other unlawful entry to the 11 premises or nearby premises; 12 (d) local community standards about adequate security for 13 premises; 14 (e) the physical characteristics of the premises and 15 adjoining areas; 16 (f) anything else the tribunal considers relevant. 17 Division 3 Damage and repairs 18 214 Meaning of emergency repairs 19 Emergency repairs are works needed to repair any of the 20 following-- 21 (a) a burst water service or a serious water service leak; 22 (b) a blocked or broken lavatory system; 23 (c) a serious roof leak; 24 (d) a gas leak; 25 (e) a dangerous electrical fault; 26 (f) flooding or serious flood damage; 27 (g) serious storm, fire or impact damage; 28 Page 143

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 215] (h) a failure or breakdown of the gas, electricity or water 1 supply to premises; 2 (i) a failure or breakdown of an essential service or 3 appliance on premises for hot water, cooking or heating; 4 (j) a fault or damage that makes premises unsafe or 5 insecure; 6 (k) a fault or damage likely to injure a person, damage 7 property or unduly inconvenience a tenant of premises; 8 (l) a serious fault in a staircase, lift or other common area 9 of premises that unduly inconveniences a tenant in 10 gaining access to, or using, the premises. 11 215 Meaning of routine repairs 12 Routine repairs are repairs that are not emergency repairs. 13 216 Nominated repairer for emergency repairs 14 (1) The lessor may nominate a person (the nominated 15 repairer)-- 16 (a) to act for the lessor in arranging for emergency repairs, 17 or emergency repairs of a particular type, to be made of 18 the premises or inclusions; or 19 (b) to make emergency repairs, or emergency repairs of a 20 particular type, of the premises or inclusions for the 21 lessor. 22 (2) The nominated repairer may be stated in the agreement or a 23 written notice given by the lessor to the tenant. 24 (3) The agreement or notice must state whether or not the 25 nominated repairer is the tenant's first point of contact for 26 notifying the need for emergency repairs. 27 (4) The lessor must give written notice to the tenant of any 28 change of the lessor's nominated repairer. 29 Page 144

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 217] 217 Notice of damage 1 (1) If the tenant knows the premises or inclusions have been 2 damaged, the tenant must give notice as soon as practicable of 3 the damage. 4 (2) If the premises or inclusions need routine repairs, the notice 5 must be given to the lessor. 6 (3) If the premises or inclusions need emergency repairs, the 7 notice must be given to the lessor if-- 8 (a) there is no nominated repairer for the repairs; or 9 (b) a nominated repairer for the repairs is not the tenant's 10 first point of contact; or 11 (c) a nominated repairer for the repairs is the tenant's first 12 point of contact but the tenant has been unable to contact 13 the repairer after making reasonable efforts. 14 (4) If the premises or inclusions need emergency repairs and there 15 is a nominated repairer of the lessor for the repairs, the notice 16 must be given to the repairer if-- 17 (a) the repairer is the tenant's first point of contact; or 18 (b) the repairer is not the tenant's first point of contact but 19 the tenant has been unable to contact the lessor after 20 making reasonable efforts. 21 218 Tenant may arrange for emergency repairs to be made or 22 may apply to the tribunal for an order about the repairs 23 (1) This section applies-- 24 (a) if-- 25 (i) the tenant has been unable to notify the lessor or 26 nominated repairer of the need for emergency 27 repairs of the premises or inclusions; or 28 (ii) the repairs are not made within a reasonable time 29 after notice is given; and 30 Page 145

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 219] (b) if the residential tenancy is not a short tenancy 1 (moveable dwelling). 2 (2) The tenant may-- 3 (a) arrange for a suitably qualified person to make the 4 repairs; or 5 (b) apply to a tribunal under section 221 for orders about the 6 repairs. 7 219 Costs of emergency repairs arranged by tenant 8 (1) The maximum amount that may be incurred for emergency 9 repairs arranged to be made by the tenant is an amount equal 10 to the amount payable under the agreement for 2 weeks rent. 11 (2) The tenant may require the lessor-- 12 (a) to reimburse the tenant for any amount properly 13 incurred by the tenant for the repairs; or 14 (b) to pay the amount properly incurred for the repairs 15 direct to the actual repairer. 16 (3) The requirement must-- 17 (a) be made by written notice given to the lessor; and 18 (b) be supported by appropriate documents about the 19 incurring of the amount; and 20 (c) state that, if the lessor does not comply with the 21 requirement within 7 days after receiving the notice, the 22 tenant may apply to a tribunal for an order about the 23 reimbursement or payment of the amount. 24 Examples of appropriate documents for subsection (3)(b)-- 25 invoices, accounts and receipts 26 Page 146

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 220] 220 Orders of tribunal about reimbursement or payment for 1 emergency repairs 2 (1) This section applies if the tenant makes a requirement of the 3 lessor under section 219 for the reimbursement or payment of 4 an amount for emergency repairs. 5 (2) If the lessor objects to the requirement, the lessor may, within 6 7 days after the requirement is made, apply to a tribunal for an 7 order about the reimbursement or payment. 8 (3) If, within the 7 day period, the lessor does not comply with the 9 requirement or make the application, the tenant may apply to 10 a tribunal for an order about the reimbursement or payment. 11 (4) An application under subsection (2) must be decided by a 12 tribunal, but an application under subsection (3) may be 13 decided by a tribunal or registrar. 14 (5) However, a registrar may decide an application only if-- 15 (a) the registrar is satisfied the tenant has given to the lessor 16 appropriate documents to support the incurring of the 17 amount for which reimbursement or payment is sought; 18 and 19 (b) the lessor has not made an application under subsection 20 (2); and 21 (c) the registrar is satisfied a tribunal has not been notified 22 of a dispute between the parties about the amount. 23 Examples of appropriate documents for subsection (5)(a)-- 24 invoices, accounts and receipts 25 (6) If an application is made under subsection (2) or (3), a 26 tribunal or registrar may make any order or give any 27 directions about the reimbursement or payment the tribunal or 28 registrar considers appropriate in all the circumstances of the 29 case. 30 (7) In deciding an application under subsection (2) or (3), the 31 tribunal or registrar may have regard to-- 32 Page 147

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 5 The dwelling [s 221] (a) whether the tenant obtained a number of quotations for 1 the repairs; and 2 (b) whether the repairs were necessary because of a breach 3 of a term of the agreement by the tenant. 4 (8) Subsection (7) does not limit the issues to which the tribunal 5 or registrar may have regard. 6 221 Orders of tribunal about carrying out emergency repairs 7 (1) This section applies if, on application made to the tribunal by 8 the tenant for an order under this section, the tribunal is 9 satisfied that-- 10 (a) either-- 11 (i) the tenant has been unable to notify the lessor or 12 nominated repairer of the need for emergency 13 repairs of the premises or inclusions; or 14 (ii) the repairs are not made within a reasonable time 15 after notice is given; and 16 (b) the tenant has not arranged for a suitably qualified 17 person to make the repairs; and 18 (c) the residential tenancy is not a short tenancy (moveable 19 dwelling). 20 (2) If an application is made under this section, a tribunal may 21 make any order or give any directions about the repairs, the 22 tribunal considers appropriate in all the circumstances of the 23 case. 24 (3) Without limiting subsection (2), the tribunal may make any of 25 the following orders-- 26 (a) that the lessor carry out the repairs within the time 27 decided by the tribunal; 28 (b) that the tenant may arrange for a suitably qualified 29 person to make the repairs for an amount decided by the 30 tribunal; 31 Page 148

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 222] (c) if paragraph (b) applies, that the lessor pay or reimburse 1 the amount decided by the tribunal, in the way stated by 2 the tribunal. 3 (4) In deciding an application under this section, the tribunal may 4 have regard to-- 5 (a) whether the tenant obtained a number of quotations for 6 the repairs; and 7 (b) whether the repairs were necessary because of a breach 8 of a term of the agreement by the tenant. 9 (5) Subsection (4) does not limit the issues to which the tribunal 10 may have regard. 11 Part 6 Additional provisions for 12 moveable dwelling premises 13 Division 1 Application of part 14 222 Application of pt 6 15 This part applies only if premises under an agreement are 16 moveable dwelling premises in a moveable dwelling park. 17 Division 2 Relocation 18 223 Notice to relocate 19 (1) The lessor may give a notice (notice to relocate) to the tenant 20 requiring the tenant to relocate to another site in the moveable 21 dwelling park within a stated period. 22 (2) The notice to relocate may be given only if the relocation is 23 necessary-- 24 Page 149

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 224] (a) to allow the carrying out of necessary or desirable work 1 in the park; or 2 (b) because of an emergency; or 3 (c) for health or safety reasons; or 4 (d) if the lessor is a home owner--because the lessor has an 5 obligation under a site agreement to reposition the 6 moveable dwelling. 7 Examples of work to which subsection (2)(a) could apply-- 8 maintenance, repairs, upgrading and restoration 9 (3) The notice to relocate to another site may be given only if the 10 other site is, as far as practicable, reasonably comparable to 11 the site currently occupied by the tenant. 12 (4) The period stated in the notice must be reasonable but, in any 13 event, for a notice given under subsection (2)(a) or (d), must 14 be not less than 1 month after the notice is given to the tenant. 15 (5) The notice to relocate must-- 16 (a) be in writing; and 17 (b) identify the site to which the tenant is to relocate; and 18 (c) state the period within which the tenant is to relocate; 19 and 20 (d) state the reasons for the relocation. 21 Editor's note-- 22 See section 283 (Notice to leave for noncompliance (moveable dwelling 23 relocation)) in relation to a failure of the tenant to comply with the 24 notice to relocate. 25 224 Restriction against enforcing relocation 26 The lessor or lessor's agent must not take any action to 27 enforce the tenant's relocation under a notice to relocate 28 unless-- 29 (a) the tenant agrees; or 30 Page 150

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 225] (b) a tribunal orders the tenant to relocate to the site 1 mentioned in the notice. 2 Maximum penalty--20 penalty units. 3 225 Effect of relocation 4 If the tenant complies with the notice to relocate given to the 5 tenant, the tenant's site for the agreement is the site to which 6 the tenant relocates, and the agreement is taken to be amended 7 accordingly. 8 226 Costs of relocation 9 (1) The reasonable costs and expenses incurred by the tenant in 10 complying with the notice to relocate are payable to the tenant 11 by the lessor. 12 (2) If application is made to a tribunal under this section by the 13 tenant, the tribunal may make an order requiring the lessor to 14 pay to the tenant the amount it considers the tenant is entitled 15 to receive under subsection (1). 16 227 Application to tribunal 17 (1) This section applies if-- 18 (a) a notice to relocate is given to the tenant; and 19 (b) the tenant-- 20 (i) has not complied with the notice; or 21 (ii) is proposing not to comply with the notice 22 (whether or not the tenant has told the lessor). 23 (2) Either party may apply to a tribunal for an order about the 24 relocation. 25 (3) In deciding the application, the tribunal may make either of 26 the following orders-- 27 Page 151

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 228] (a) an order requiring the tenant to relocate, by a stated date, 1 to the site mentioned in the notice to relocate; 2 (b) an order setting aside the notice to relocate. 3 Division 3 Park rules 4 228 Park rules 5 (1) The owner of the moveable dwelling park may make rules 6 about the use, enjoyment, control and management of the 7 park. 8 (2) However, rules may be made only about-- 9 (a) the use and operation of communal facilities; and 10 (b) the making and abatement of noise; and 11 (c) the carrying on of sporting and other recreational 12 activities; and 13 (d) speed limits for motor vehicles; and 14 (e) parking of motor vehicles; and 15 (f) the disposal of refuse; and 16 (g) the keeping of pets; and 17 (h) other things prescribed under a regulation. 18 229 Notice of proposed change of park rule 19 (1) If the owner of a moveable dwelling park proposes to change 20 a park rule, the owner must-- 21 (a) fix a day (the objection closing day) by which residents 22 of the park may object to the proposed change (the 23 proposal); and 24 (b) give notice of the proposal to each resident and any 25 person who becomes a resident before the objection 26 closing day. 27 Page 152

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 230] (2) A notice must be given-- 1 (a) for a resident--at least 1 month before the objection 2 closing day; or 3 (b) for someone else--when the person becomes a resident. 4 (3) The notice must-- 5 (a) be in writing; and 6 (b) inform the resident that the resident may object to the 7 proposal before the objection closing day; and 8 (c) inform the resident how the objection may be made. 9 230 Objection to proposal 10 (1) A resident of the park may object to the proposal because it is 11 unreasonable. 12 (2) The objection must be made by written notice given to the 13 park owner before the objection closing day. 14 (3) The notice must give particulars of why the proposal is 15 considered to be unreasonable. 16 231 Park liaison committee 17 (1) This section applies only if objections to the proposal are 18 made before the objection day by-- 19 (a) at least 5 park residents from 5 different sites in the 20 park; or 21 (b) if the park has less than 10 sites--a majority of the park 22 residents. 23 (2) As soon as practicable after the objection closing day, the 24 persons who have objected (the objectors) and the park owner 25 must set up a committee (the park liaison committee) to 26 consider the objections. 27 (3) The committee is to consist of the following members-- 28 (a) a person chosen by the objectors; 29 Page 153

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 232] (b) the park owner or the park owner's nominee; 1 (c) someone else agreed on by the other members. 2 (4) The member mentioned in subsection (3)(a) may be an 3 objector. 4 (5) The committee may consider the objections only if the 3 5 members are present. 6 (6) If the members mentioned in subsection (3)(a) and (b) fail, 7 within 7 days after the objection closing day, to agree on the 8 other person who is to be a member, the park owner must give 9 written notice of the failure to each of the objectors 10 (non-resolution notice). 11 232 Consideration of objections by committee 12 (1) If a park liaison committee is set up, it must consider all 13 objections properly made about the proposal and-- 14 (a) declare the proposal to be either reasonable or 15 unreasonable; or 16 (b) if it considers the proposal is unreasonable--change the 17 proposal in a way it considers appropriate to make it 18 reasonable. 19 (2) The committee must give written notice of its decision to-- 20 (a) the objectors; and 21 (b) if the park owner is not a member of the committee--the 22 park owner. 23 233 Application to tribunal about proposal 24 (1) This section applies if-- 25 (a) non-resolution notices are given to the objectors; or 26 (b) the park owner or an objector is dissatisfied with a 27 decision of the park liaison committee. 28 Page 154

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 234] (2) The park owner or objector may apply to a tribunal for an 1 order declaring the proposal to be reasonable or unreasonable. 2 (3) The application must-- 3 (a) be made within 7 days after receiving the non-resolution 4 notice or the decision being made; and 5 (b) give particulars of why the proposal is considered to be 6 reasonable or unreasonable. 7 (4) A single application may be made by objectors if it is made 8 by-- 9 (a) at least 5 park residents from 5 different sites in the 10 park; or 11 (b) if the park has less than 10 sites--a majority of the park 12 residents. 13 (5) In subsection (2), a reference to the proposal about which an 14 order may be sought includes a change of a park rule proposed 15 by the park owner as changed by the park liaison committee. 16 234 Decision of tribunal about proposal 17 (1) If an application is made to a tribunal about the 18 reasonableness of the proposal to change a park rule, the 19 tribunal may-- 20 (a) declare the proposal to be reasonable or unreasonable; 21 or 22 (b) change the proposal in a way it considers appropriate to 23 make it reasonable; or 24 (c) make any other order it considers appropriate. 25 (2) In deciding the application, the issues to which the tribunal 26 may have regard include the following-- 27 (a) the park's location; 28 (b) the park's internal layout; 29 Page 155

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 235] (c) the amenities, improvements, facilities and other 1 physical features of the park; 2 (d) the number of residents and their needs; 3 (e) the levels of rent and other charges paid by residents. 4 (3) Subsection (2) does not limit the issues to which the tribunal 5 may have regard. 6 235 When proposal takes effect 7 (1) This section sets out the way of working out when a proposal 8 to change a park rule takes effect. 9 (2) This section applies (as case 1) if-- 10 (a) no objections are made to the proposal; or 11 (b) the number of objections made to the proposal are not 12 sufficient to require the setting up of a park liaison 13 committee. 14 (3) This section applies (as case 2) if-- 15 (a) non-resolution notices about the proposal are given to 16 the objectors; and 17 (b) no application is made to a tribunal within the required 18 time. 19 (4) This section applies (as case 3) if-- 20 (a) a decision is made by a park liaison committee-- 21 (i) declaring the proposal to be reasonable; or 22 (ii) changing the proposal in a way it considers 23 appropriate to make the proposal reasonable; and 24 (b) no application is made to a tribunal within the required 25 time. 26 (5) This section applies (as case 4) if a decision is made by a 27 tribunal-- 28 (a) declaring the proposal to be reasonable; or 29 Page 156

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 6 Additional provisions for moveable dwelling premises [s 236] (b) changing the proposal in a way it considers appropriate 1 to make the proposal reasonable. 2 (6) If case 1 applies, the proposal takes effect-- 3 (a) at the end of the objection closing day; or 4 (b) if a later day is stated by the park owner--on the later 5 day. 6 (7) If case 2 applies, the proposal takes effect-- 7 (a) at the end of the last day on which an application may be 8 made to a tribunal; or 9 (b) if a later day is stated by the park owner--on the later 10 day. 11 (8) If case 3 applies, the proposal takes effect on the day decided 12 by the park liaison committee. 13 (9) If case 4 applies, the proposal takes effect on the day decided 14 by the tribunal. 15 236 When changes of park rules have no effect 16 (1) A change of a park rule has no effect if-- 17 (a) it is made otherwise than under this division; or 18 (b) a park liaison committee or tribunal, in considering a 19 proposal about the change, decides that the proposal is 20 unreasonable. 21 (2) However, subsection (1)(b) does not apply to a decision of the 22 park liaison committee if a later decision of a tribunal-- 23 (a) decided the proposal was reasonable; or 24 (b) changes the proposal in a way it considered appropriate 25 to make the proposal reasonable. 26 Page 157

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 237] Part 7 Change of lessor or tenant 1 Division 1 Transfer or subletting by tenant 2 237 Tenant's action subject to lessor's unqualified discretion 3 (1) This section applies to an agreement if-- 4 (a) the lessor is the State; or 5 (b) the lessor is an entity receiving financial or other 6 assistance from the State to supply rented 7 accommodation to persons; or 8 (c) the tenant's right to occupy the premises is given under 9 the tenant's terms of employment; or 10 (d) the tenancy is a short tenancy (moveable dwelling). 11 (2) The tenant may transfer the whole or a part of the tenant's 12 interest under the agreement, or sublet the premises, only if 13 the lessor agrees in writing to the transfer or subletting. 14 238 Tenant's action subject to lessor's qualified discretion 15 (1) This section applies to an agreement only if section 237 does 16 not apply to the agreement. 17 (2) The tenant may transfer all or a part of the tenant's interest 18 under the agreement, or sublet the premises, only if-- 19 (a) the lessor agrees in writing to the transfer or subletting; 20 or 21 (b) the transfer or subletting is made under an order of a 22 tribunal. 23 (3) The lessor must act reasonably in failing to agree to the 24 transfer or subletting. 25 (4) The lessor is taken to act unreasonably in failing to agree to 26 the transfer or subletting if the lessor acts in a capricious or 27 retaliatory way. 28 Page 158

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 239] 239 Order of tribunal about transfer or subletting 1 (1) If the tenant believes the lessor has acted unreasonably in 2 failing to agree to a transfer or subletting under section 238, 3 the tenant may apply to a tribunal for an order under this 4 section. 5 (2) If, on an application made to a tribunal by the tenant, the 6 lessor fails to satisfy the tribunal that the lessor acted 7 reasonably in failing to agree to the transfer or subletting, the 8 tribunal may make an order authorising the tenant to make the 9 transfer or subletting without the lessor's agreement. 10 (3) In deciding whether the lessor acted reasonably in failing to 11 agree to the transfer or subletting, the tribunal may have 12 regard to the following issues-- 13 (a) the likelihood of the proposed transferee fulfilling the 14 tenant's obligations under the agreement; 15 (b) the risk of damage to the premises or inclusions. 16 Example of risk for subsection (3)(b)-- 17 a risk that may arise because of a hobby or business the proposed 18 transferee intends carrying on at the premises 19 (4) Subsection (3) does not limit the issues to which the tribunal 20 may have regard. 21 240 Lessor's expenses for transfer or subletting 22 The lessor or lessor's agent must not require the tenant to pay, 23 or accept from the tenant, an amount for the lessor's 24 agreement to a transfer or subletting by the tenant, other than 25 an amount for the reasonable expenses incurred by the lessor 26 in agreeing to the transfer or subletting. 27 Maximum penalty--20 penalty units. 28 241 Lessor's fee for sale of caravan 29 (1) This section applies-- 30 Page 159

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 242] (a) only to an agreement for moveable dwelling premises 1 consisting only of the site for a caravan; and 2 (b) if the residential tenancy is a long tenancy (moveable 3 dwelling). 4 (2) The lessor may require the tenant to pay, or accept from the 5 tenant, a fee (not more than an amount prescribed under a 6 regulation) for the sale or attempted sale of a caravan on the 7 premises only if-- 8 (a) the lessor supplies a service in the sale or attempted 9 sale; and 10 (b) when the service is supplied, there is a written 11 agreement in force between the parties for the payment 12 of the fee by the tenant to the lessor for the service. 13 (3) The lessor or lessor's agent must not require the tenant to pay, 14 or accept from the tenant, a fee for the sale or attempted sale 15 of a caravan on the premises in contravention of subsection 16 (2). 17 Maximum penalty--20 penalty units. 18 (4) Subsections (2) and (3) do not prevent the lessor or lessor's 19 agent charging, in addition to the prescribed fee under 20 subsection (2), an amount for GST payable for the supply of 21 the service in the sale or attempted sale. 22 Division 2 Transfer by lessor 23 242 Transfer by lessor 24 (1) The lessor must-- 25 (a) if the lessor proposes to transfer the lessor's interest in 26 the premises to another person (the buyer)--give written 27 notice of the tenancy to the buyer; and 28 Page 160

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 243] (b) if the lessor transfers the interest subject to the 1 tenancy--give written notice of the transfer (the 2 attornment notice) to the tenant. 3 (2) The attornment notice operates as an attornment as tenant to 4 the buyer by the tenant at the rent, and on the other terms of 5 the agreement applying when the notice is given, but only if 6 the notice-- 7 (a) states the buyer's name and address; and 8 (b) directs the tenant to make all future payments of rent to 9 the buyer. 10 Note-- 11 An attornment is an acknowledgement of the tenancy relationship 12 between the tenant and new lessor. 13 (3) However, if an amount for rent is unpaid when the attornment 14 notice is given, the amount may be recovered by the former 15 lessor as a debt owing to the former lessor by the tenant. 16 (4) Subsection (1)(a) applies whether the transfer is proposed to 17 be made with vacant possession or subject to the tenancy. 18 Division 3 Replacement of tenant 19 243 End of tenant's occupation 20 (1) This section applies if-- 21 (a) a person who is not the tenant under an agreement is 22 occupying the premises; and 23 (b) the tenant dies or otherwise ceases to occupy the 24 premises; and 25 (c) the lessor is not the State. 26 (2) The person may apply to a tribunal for the following orders-- 27 (a) an order to be recognised as the tenant under the 28 agreement; 29 Page 161

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 244] (b) an order to be joined as a party to a proceeding before 1 the tribunal about the premises. 2 (3) The application may be made-- 3 (a) when making another application to, or in a proceeding 4 before, the tribunal; or 5 (b) independently of another application or proceeding. 6 (4) In deciding the application, the tribunal may make the 7 following orders-- 8 (a) an order recognising the person as the tenant under the 9 agreement; 10 (b) an order joining the person as a party to a proceeding 11 before the tribunal. 12 (5) If the tribunal makes an order under subsection (4)(a), it may 13 make any other order it considers appropriate. 14 Examples of orders under subsection (5)-- 15 an order about the application of the terms of the agreement, or other 16 terms, to the person as tenant 17 (6) A person in whose favour an order is made under subsection 18 (4)(a) is taken to be the tenant under the agreement on the 19 terms the tribunal orders. 20 (7) The tribunal may not make an order under this section without 21 giving the lessor an opportunity to be heard on the 22 application. 23 244 Death of a cotenant 24 (1) This section applies if-- 25 (a) there are cotenants under an agreement; and 26 (b) the cotenants are not stated under the agreement to be 27 joint tenants; and 28 (c) 1 of the cotenants dies. 29 (2) On the deceased's death-- 30 Page 162

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 245] (a) the deceased's interest in the tenancy ends; and 1 (b) the agreement continues in force with the parties to the 2 agreement being the lessor and the other cotenant or 3 cotenants. 4 (3) Subsection (2) does not affect, as between the deceased and 5 the other cotenant or cotenants, any right (including, in 6 particular, a right relating to a rental bond) or liability of the 7 deceased existing immediately before the deceased's death. 8 245 Injury to domestic associate 9 (1) This section applies to-- 10 (a) the domestic associate of the tenant occupying the 11 premises with the tenant; and 12 (b) a cotenant whose domestic associate is the other, or 13 another, cotenant. 14 (2) The person may apply to a tribunal for an order to be 15 recognised as the tenant, or a cotenant, under the agreement 16 instead of the person's domestic associate because the 17 person's domestic associate has committed an act of domestic 18 violence against the person. 19 (3) The tribunal may make the order if it is satisfied the person 20 has established the ground of the application. 21 (4) In deciding the application, the tribunal must have regard to 22 the following issues (the domestic violence issues)-- 23 (a) whether the person has applied for a protection order 24 against the person's domestic associate; 25 (b) if an application was made--whether a domestic 26 violence order was made and, if made, whether it is in 27 force; 28 (c) if a domestic violence order has been made--whether a 29 condition was imposed prohibiting the person's 30 domestic associate from entering, or remaining, on the 31 premises. 32 Page 163

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 246] (5) Subsection (4) does not limit the issues to which the tribunal 1 may have regard. 2 (6) If the tribunal makes the order, it may make any other order it 3 considers appropriate. 4 Examples of orders tribunal may make-- 5 1 an order about the application of the terms of the agreement, or 6 other terms, to the person as tenant, or as a cotenant 7 2 an order about any rental bond paid by the person's domestic 8 associate 9 (7) A person in whose favour an order is made under subsection 10 (3) is taken to be the tenant, or a cotenant, under the 11 agreement on the terms the tribunal orders. 12 (8) The tribunal may not make an order under subsection (3) 13 without giving the lessor an opportunity to be heard on the 14 application. 15 (9) In this section-- 16 domestic associate means a person in any of the following 17 relationships-- 18 (a) a spousal relationship; 19 (b) an intimate personal relationship; 20 (c) a family relationship; 21 (d) an informal care relationship. 22 (10) A term used in subsection (9)(a) to (d) has the same meaning 23 as in the Domestic and Family Violence Protection Act 1989 24 and a reference in that Act to a court deciding whether a 25 relationship exists includes a reference to the tribunal 26 deciding that issue for this section. 27 246 Injury or damage affecting occupants 28 (1) This section applies to a person (the occupant) who is an 29 occupant of premises and who is not the tenant or a cotenant. 30 Page 164

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 3 Rights and obligations of parties for residential tenancies Part 7 Change of lessor or tenant [s 246] (2) The occupant may apply to a tribunal for an order to be 1 recognised as the tenant, or a cotenant, under the agreement 2 instead of the tenant, or a cotenant, because the tenant or 3 cotenant has intentionally or recklessly caused, or is likely to 4 intentionally or recklessly cause-- 5 (a) serious damage to the premises; or 6 (b) injury to-- 7 (i) the occupant; or 8 (ii) someone else occupying, or allowed on, the 9 premises. 10 (3) The tribunal may make the order if it is satisfied the occupant 11 has established the ground of the application. 12 (4) If the tribunal makes the order, it may make any other order it 13 considers appropriate. 14 Examples of orders tribunal may make-- 15 1 an order about the application of the terms of the agreement, or 16 other terms, to the occupant as tenant, or as a cotenant 17 2 an order about any rental bond paid for the agreement 18 (5) A person in whose favour an order is made under subsection 19 (3) is taken to be the tenant, or a cotenant, under the 20 agreement on the terms the tribunal orders. 21 (6) The tribunal may not make an order under subsection (3) 22 without giving the lessor an opportunity to be heard on the 23 application. 24 Page 165

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 247] Chapter 4 Rights and obligations of 1 parties for rooming 2 accommodation 3 Part 1 Rights and obligations 4 generally 5 247 Provider's obligations generally 6 (1) The provider for rooming accommodation has the following 7 obligations in relation to each resident in the rental 8 premises-- 9 (a) to ensure the provider is not in breach of a law dealing 10 with issues about the health or safety of persons using or 11 entering the resident's room or common areas; 12 (b) to take reasonable steps to ensure the resident-- 13 (i) always has access to the resident's room and to 14 bathroom and toilet facilities; and 15 (ii) has reasonable access to any other common areas; 16 (c) to take reasonable steps to ensure the security of the 17 resident's room and the resident's personal property in 18 the room; 19 (d) to maintain the resident's room and common areas in a 20 way that the room and areas remain fit for the resident to 21 live in; 22 (e) to take reasonable steps to ensure the resident's room 23 and common areas and facilities provided in the room 24 and areas-- 25 (i) are kept safe and in good repair; and 26 (ii) subject to any agreement with the resident about 27 cleaning the resident's room or common areas or 28 facilities--are kept clean; 29 Page 166

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 248] (f) not to unreasonably restrict the resident's guests in 1 visiting the resident; 2 (g) to ensure that the times during which the provider, or an 3 agent of the provider, is available to be contacted by the 4 resident are reasonable, having regard to all the 5 circumstances including the services being provided to 6 the resident under the rooming accommodation 7 agreement. 8 Editor's note-- 9 Under section 72, these and other obligations under this part are 10 taken to be included as terms of the rooming accommodation 11 agreement. 12 (2) For subsection (1)(e)(ii), an agreement about cleaning 13 common areas may be made only for a common area used by 14 the resident and a minority of other residents of the provider. 15 Example for subsection (2)-- 16 Four residents have individual rooms opening out onto a living area 17 which is available for use only by those residents. The provider and the 18 4 residents may agree that the cleaning of the living area is to be done by 19 the 4 residents. 20 248 Provider's or agent's name and other details 21 (1) On or before the day the resident starts occupying the 22 premises, the provider or provider's agent must give a written 23 notice to the resident stating-- 24 (a) the provider's name and address for service; and 25 (b) if the provider has an agent who is authorised to stand in 26 the provider's place in a proceeding prescribed under a 27 regulation (the prescribed proceeding)--the agent's 28 name and address for service. 29 Maximum penalty--20 penalty units. 30 (2) If a detail mentioned in the notice changes, the provider or 31 provider's agent must give written notice of the change to the 32 resident within 14 days after the change. 33 Page 167

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 249] Maximum penalty--20 penalty units. 1 (3) If details of the agent mentioned in subsection (1)(b) are given 2 to the resident under this section, the agent stands in the 3 provider's place for a prescribed proceeding and, for 4 example-- 5 (a) the proceeding may be taken against the agent as if the 6 agent were the provider; and 7 (b) a tribunal may make an order against the agent as if the 8 agent were the provider; and 9 (c) settlement may be made with the agent as if the agent 10 were the provider. 11 (4) In this section-- 12 address for service means-- 13 (a) for an individual--the individual's place of residence or 14 place of business; or 15 (b) for a body corporate--the body corporate's registered 16 office or place of business. 17 249 Quiet enjoyment 18 (1) The provider must take reasonable steps to ensure the resident 19 has quiet enjoyment of the resident's room and common 20 areas. 21 (2) The provider or provider's agent must not interfere with the 22 reasonable peace, comfort or privacy of the resident in using 23 the resident's room and common areas. 24 Maximum penalty for subsection (2)--20 penalty units. 25 250 Supply of locks and keys 26 (1) The provider must supply and maintain the locks that are 27 necessary to ensure the resident's room is reasonably secure. 28 Page 168

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 251] (2) The provider must give the resident a key for each lock that 1 secures entry to the following-- 2 (a) the resident's room; 3 (b) a building or building within which the resident's room 4 and common areas are situated. 5 (3) The resident must not make a copy of a key without the 6 provider's permission. 7 (4) The resident must not tamper with a door lock in the premises. 8 (5) In this section-- 9 resident means a person named in a rooming accommodation 10 agreement as a resident. 11 251 Changing locks 12 (1) The resident may request the provider to change or repair a 13 lock that secures entry to the resident's room if the resident 14 reasonably believes there is the likelihood of-- 15 (a) risk to the resident's safety; or 16 (b) theft of, or damage to, the tenant's belongings. 17 (2) The provider must not act unreasonably in failing to agree to 18 change or repair the lock. 19 252 Application to tribunal about lock or key 20 (1) A provider or resident may apply to the tribunal for an order 21 relating to a lock or key mentioned in section 250. 22 (2) The tribunal may make any of the following orders-- 23 (a) an order requiring the provider to supply a lock, or a 24 lock of a particular kind; 25 (b) an order requiring the provider to carry out stated 26 maintenance of a lock; 27 (c) an order authorising the provider or resident to change a 28 lock; 29 Page 169

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 253] (d) an order that the provider or resident is not required to 1 give to the other party a key to a lock; 2 (e) an order requiring the provider or resident to give to the 3 other party a key to a lock. 4 (3) In making an order mentioned in subsection (2)(a) or (c), the 5 tribunal may have regard to the following-- 6 (a) the likelihood of risk to the resident's personal safety or 7 theft of, or damage to, the resident's belongings; 8 (b) the requirements of insurance companies for allowing 9 the resident to obtain insurance for property of the 10 resident kept at the premises; 11 (c) the likelihood of break-ins or other unlawful entry to the 12 premises or nearby premises; 13 (d) local community standards about adequate security for 14 premises; 15 (e) the physical characteristics of the premises and 16 adjoining areas; 17 (f) anything else the tribunal considers relevant. 18 253 Resident's obligations generally 19 A resident in rental premises has the following obligations-- 20 (a) to use the resident's room and common areas only or 21 mainly as a place of residence; 22 (b) not to use the resident's room or common areas for an 23 illegal purpose; 24 (c) not to interfere with, and to ensure the resident's guests 25 do not interfere with, the reasonable peace, comfort or 26 privacy of another resident or another resident's 27 appropriate use of the other resident's room or common 28 areas; 29 (d) to pay the rent when it falls due; 30 Page 170

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 254] (e) not to keep an animal on the rental premises without the 1 provider's permission; 2 (f) not to intentionally or recklessly damage or destroy, or 3 allow the resident's guests to intentionally or recklessly 4 damage or destroy, any part of the rental premises or a 5 facility in the rental premises; 6 (g) to keep the resident's room and inclusions clean, having 7 regard to their condition at the start of the tenancy; 8 (h) to maintain the resident's room in a condition that does 9 not give rise to a fire or health hazard; 10 Examples of fire hazard-- 11 1 allowing newspapers to build up in the resident's room 12 2 blocking access to the resident's room 13 (i) at the end of the rooming accommodation agreement, to 14 leave the resident's room and inclusions, as far as 15 possible, in the same condition they were in at the start 16 of the agreement, fair wear and tear excepted. 17 Editor's note-- 18 Under section 72, these and other obligations under this part are 19 taken to be included as terms of the rooming accommodation 20 agreement. 21 254 Attaching fixtures and making structural changes 22 The resident may attach a fixture, or make a structural change, 23 to rental premises only if the provider agrees to the fixture's 24 attachment or structural change. 25 255 Agreement about fixtures and structural changes 26 (1) The provider's agreement to the attaching of a fixture. or 27 making of a structural change, must-- 28 (a) be in writing; and 29 (b) describe the nature of the fixture or change; and 30 Page 171

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 1 Rights and obligations generally [s 256] (c) include any terms of the agreement. 1 (2) For an agreement about attaching a fixture to rental premises, 2 the terms may include terms about-- 3 (a) whether the resident may remove the fixture; and 4 (b) if removal by the resident is allowed-- 5 (i) when and how the removal may be performed; and 6 (ii) the obligation of the resident to repair any damage 7 caused to the rental premises in the removal or 8 compensate the provider for the provider's 9 reasonable costs of repairing the damage; and 10 (c) if removal by the resident is not allowed--the obligation 11 of the provider to compensate the resident for any 12 improvement the fixture makes to the rental premises. 13 (3) The provider must not act unreasonably in failing to agree to 14 the attaching of a fixture, or the making of a structural change, 15 to the rental premises. 16 (4) If the provider agrees to a fixture being attached, or a 17 structural change being made, to the rental premises by the 18 resident, the resident must not contravene a term of the 19 agreement. 20 256 Attaching fixture or making structural change without 21 provider's agreement 22 (1) If the resident attaches a fixture, or makes a structural change, 23 to the rental premises without the provider's agreement, the 24 provider may-- 25 (a) waive the breach; and 26 (b) treat the fixture or change as an improvement to the 27 rental premises for the providers's benefit. 28 (2) The provider may take the action under subsection (1) instead 29 of taking action for a breach of a term of the rooming 30 accommodation agreement by the resident. 31 Page 172

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 2 Entry to residents' rooms [s 257] Part 2 Entry to residents' rooms 1 257 Entry with resident's agreement 2 (1) The provider may enter the resident's room, for any reason, if 3 the resident agrees. 4 Examples of resident's agreement to entry-- 5 1 The provider orally asks to enter the resident's room and the 6 resident orally agrees. 7 2 The rooming accommodation agreement states times at which the 8 provider may enter the room each week to carry out cleaning. 9 (2) If the provider has agreed to provide a service other than 10 accommodation to the resident, the provider may enter the 11 resident's room at the times that are reasonably necessary to 12 provide the service. 13 258 Entry to carry out inspection 14 (1) The provider may enter the resident's room, at a reasonable 15 time, to inspect the room. 16 (2) The provider must give a written notice of the proposed entry 17 to the resident at least 48 hours before the entry. 18 (3) An entry may not be made under this section more than once 19 each month. 20 259 Entry after giving notice 21 (1) The provider may enter the resident's room, at a reasonable 22 time-- 23 (a) to clean the room; or 24 (b) to carry out pest control in the room; or 25 (c) to make routine repairs to, or carry out maintenance of, 26 the room or another part of the rental premises; or 27 (d) to show the room to a prospective buyer or resident; or 28 Page 173

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 2 Entry to residents' rooms [s 260] (e) to allow a valuation of the rental premises to be carried 1 out. 2 (2) The provider must give a written notice of the proposed entry 3 to the resident at least 24 hours before the entry. 4 (3) Subsection (4) applies to an entry by the provider or the 5 provider's agent (the selling agent) to show the room to a 6 prospective buyer, if the selling agent is not the agent to whom 7 the resident normally pays the rent. 8 (4) The provider or selling agent must also give a written notice 9 of the proposed entry to the agent to whom the resident 10 normally pays the rent at least 24 hours before the entry. 11 (5) A notice under subsection (2)-- 12 (a) may relate to more than 1 proposed entry to a room; and 13 (b) may relate to entry to more than 1 room; and 14 (c) if it relates to entry to more than 1 room--may be given 15 by posting it, at least 24 hours before the entry, or first 16 entry, to which it relates, on a notice board or other 17 place in the rental premises where it is likely to be seen 18 by the residents to whom it is given. 19 Example for subsection (5)-- 20 The provider may post a notice stating the times at which entry is 21 proposed to be made each week to residents' rooms to clean the rooms. 22 260 Entry without notice 23 The provider may enter the resident's room without notice-- 24 (a) in an emergency; or 25 (b) if the provider reasonably believes the room has been 26 abandoned; or 27 Editor's note-- 28 See section 509 (Indications a resident has abandoned a room). 29 (c) to carry out urgent repairs to the rental premises or a 30 facility in the rental premises. 31 Page 174

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 2 Entry to residents' rooms [s 261] Examples for paragraph (c)-- 1 1 To repair a facility for providing gas, electricity or water. 2 2 To carry out repairs to prevent imminent flooding or water 3 damage. 4 3 To make emergency repairs to the roof of the rental 5 premises. 6 4 To repair a fault or damage that makes the rental premises 7 unsafe or insecure or is likely to unreasonably disrupt a 8 resident's appropriate use of the premises. 9 261 General qualifications about entry 10 (1) Immediately before entering the resident's room, the provider 11 must tell the resident about the proposed entry, unless the 12 resident is not in or near the room at the time. 13 (2) After entering the resident's room, the provider-- 14 (a) must preserve, as far as practicable, the resident's 15 privacy; and 16 (b) must not remain in the room for longer than is 17 reasonably necessary to carry out the purpose of the 18 entry. 19 262 Entry by provider's agent or other person 20 (1) A reference in sections 257, 258, 259(1), (2) and (3), 260 and 21 261 to the provider includes an agent of the provider. 22 (2) However, if-- 23 (a) an agent of the provider proposes to enter or remain in 24 the resident's room under this part; and 25 (b) the agent is not accompanied by the provider; and 26 (c) the agent is not a person to whom the resident normally 27 pays the rent; and 28 (d) the resident asks for written evidence of the agent's 29 appointment; 30 Page 175

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 2 Entry to residents' rooms [s 263] the agent must not enter or remain in the room without 1 producing the evidence. 2 (3) The provider may enter the resident's room under this part 3 with someone else as far as is necessary to achieve the 4 purpose of the entry. 5 263 Rules of entry 6 The rights and obligations under sections 257 to 262 about the 7 entry to the resident's room are called the rules of entry. 8 264 Entry by provider or provider's agent under order of 9 tribunal 10 (1) This section applies if, on an application made to a tribunal by 11 the provider or resident, the tribunal is satisfied-- 12 (a) the resident has not allowed the provider or provider's 13 agent to enter the resident's room under the rules of 14 entry; or 15 (b) the provider or agent has entered the resident's room in 16 contravention of the rules of entry; or 17 (c) the provider or agent has entered the resident's room in a 18 way, or at a time, that interferes with the reasonable 19 peace, comfort or privacy of the resident in using the 20 resident's room. 21 (2) The tribunal may change the rules of entry in the way it 22 considers appropriate. 23 (3) If the tribunal changes the rules on the ground mentioned in 24 subsection (1)(a), the provider or agent may enter the 25 resident's room under the rules of entry or the rules of entry as 26 changed. 27 (4) If the tribunal makes an order on the ground mentioned in 28 subsection (1)(b) or (c), the provider or agent may enter the 29 resident's room only under the rules as changed. 30 Page 176

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 265] (5) An application under this section may be made by 2 or more 1 residents if the application relates to the same or a similar 2 matter. 3 (6) If an application is made by 2 or more residents, the tribunal 4 may order that any change to the rules of entry applies to the 5 provider and all the applicants. 6 265 Unlawful entry of resident's room 7 The provider or provider's agent, must not enter the resident's 8 room in contravention of-- 9 (a) the rules of entry; or 10 (b) if the rules have been changed by a tribunal--the rules 11 of entry as changed. 12 Maximum penalty--20 penalty units. 13 Part 3 House rules 14 Division 1 General 15 266 House rules 16 (1) House rules are rules about the use, enjoyment, control or 17 management of rental premises. 18 (2) The house rules in force for rental premises are-- 19 (a) the prescribed rules that apply to the rental premises; 20 and 21 (b) any other house rules made by the provider under this 22 part. 23 Page 177

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 267] 267 Prescribed rules 1 (1) A regulation may prescribe house rules for rental premises 2 (the prescribed rules). 3 (2) A prescribed rule may state that it applies to rental premises 4 subject to another house rule made for the premises under this 5 part by the provider that deals with a particular circumstance 6 or matter. 7 Example-- 8 A prescribed rule states that a resident must not consume an amount of 9 alcohol in the rental premises that causes the resident to become drunk. 10 The rule also states that it applies subject to any house rule made under 11 this part by the provider that prohibits the consumption of any alcohol in 12 the rental premises. 13 (3) Unless it provides otherwise, a prescribed rule applies to all 14 rental premises. 15 268 Rules made by the provider 16 (1) A provider may make house rules for rental premises about 17 any of the following matters-- 18 (a) using shared facilities; 19 (b) parking motor vehicles; 20 (c) drinking alcohol or illegally consuming other drugs; 21 (d) smoking; 22 (e) making noise; 23 (f) keeping pets; 24 (g) guests; 25 (h) another matter prescribed under a regulation. 26 (2) A rule made under subsection (1) has effect as a house rule for 27 the rental premises only if-- 28 (a) it is consistent with-- 29 (i) the prescribed rules; and 30 Page 178

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 269] (ii) the provider's obligations and the resident's rights 1 under this Act; and 2 (b) the rule is made under division 2. 3 (3) Subsection (2)(b) does not apply to the making of a rule when 4 there are no residents for the rental premises. 5 (4) A provider must not make a rule about a matter not provided 6 for under subsection (1). 7 Maximum penalty for subsection (4)--20 penalty units. 8 Division 2 Rule changes 9 269 Meaning of rule change 10 A reference in this division to making a rule change for rental 11 premises is a reference to-- 12 (a) making a new house rule for the premises; or 13 (b) amending, revoking or replacing an existing house rule 14 for the premises. 15 270 Notice of proposed rule change 16 (1) Before making a rule change for rental premises, a provider 17 must give a written notice to each resident-- 18 (a) setting out the proposed change; and 19 (b) stating the day when it is proposed the change is to take 20 effect (the proposed commencement day); and 21 (c) stating that the resident may object to the change; and 22 (d) stating how the objection may be made. 23 (2) The notice must be given to a resident-- 24 (a) at least 7 days before the proposed commencement day; 25 or 26 Page 179

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 271] (b) for a person who becomes a resident less than 7 days 1 before the proposed commencement day--when the 2 person becomes a resident. 3 271 Withdrawal of proposed rule change 4 If a provider decides not to proceed with a proposed rule 5 change, the provider may withdraw the proposed change by 6 giving a written notice to each resident to whom a notice 7 under section 270 has been given. 8 272 Objection to proposed rule change 9 (1) A resident may object to a proposed rule change if the resident 10 considers the change is unreasonable. 11 (2) The objection may be made only by giving a written notice to 12 the provider, before the proposed commencement day, 13 stating-- 14 (a) the resident's name; and 15 (b) that the resident objects to the proposed change; and 16 (c) why the resident considers the proposed change is 17 unreasonable. 18 (3) If the provider does not receive objections from at least the 19 prescribed number of residents before the proposed 20 commencement day, and does not withdraw the proposed 21 change under section 271, the change takes effect on the 22 proposed commencement day. 23 (4) If the provider receives objections from at least the prescribed 24 number of residents before the proposed commencement 25 day-- 26 (a) the proposed change does not take effect; and 27 (b) the provider must immediately give a written notice to 28 each resident stating-- 29 Page 180

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 273] (i) that at least the prescribed number of residents 1 have objected to the change; and 2 (ii) that the proposed change will not take effect on the 3 proposed commencement day. 4 (5) In this section-- 5 prescribed number, of residents, means the lesser of-- 6 (a) 10 residents; or 7 (b) half of the total number of residents. 8 273 Application to tribunal about proposed rule change 9 (1) This section applies if, under section 272(4), a proposed rule 10 change does not take effect. 11 (2) The provider may apply to a tribunal for an order declaring 12 the proposed change to be reasonable. 13 (3) The application may only be made within 7 days after the 14 proposed commencement day for the change. 15 (4) The application must-- 16 (a) be accompanied by a copy of each objection to the 17 proposed change given under section 272; and 18 (b) state particulars of why the provider considers the 19 proposed change to be reasonable. 20 (5) The tribunal may decide the application by-- 21 (a) declaring the proposed change to be reasonable; or 22 (b) amending the proposed change in a way it considers 23 appropriate to make it reasonable; or 24 (c) declaring the proposed change to be unreasonable; or 25 (d) making any other order it considers appropriate. 26 (6) If the tribunal makes an order declaring the proposed change 27 to be reasonable or amending it in a way the tribunal considers 28 Page 181

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 4 Rights and obligations of parties for rooming accommodation Part 3 House rules [s 274] appropriate to make it reasonable, the proposed change takes 1 effect on the day decided by the tribunal. 2 (7) As soon as practicable after the tribunal decides the 3 application, the provider must give a written notice of the 4 decision to each resident of the rental premises. 5 274 Application to tribunal by resident about existing rule 6 (1) A resident may apply to a tribunal for an order declaring an 7 existing house rule to be unreasonable. 8 (2) The resident's application must-- 9 (a) state particulars of why the resident considers the rule to 10 be unreasonable; and 11 (b) provide evidence that other residents also consider the 12 rule to be unreasonable. 13 (3) The tribunal must decide the application by-- 14 (a) confirming the existing house rule; or 15 (b) declaring the rule to be unreasonable. 16 (4) If the tribunal declares the rule to be unreasonable the 17 tribunal-- 18 (a) must declare that the existing house rule is void or 19 amend the rule in a way it considers appropriate; and 20 (b) may make any other order it considers appropriate. 21 (5) In deciding the application, the tribunal must have regard to 22 the views of other residents bound by the rule. 23 (6) An order of the tribunal takes effect on the day decided by the 24 tribunal. 25 (7) As soon as practicable after the tribunal decides the 26 application, the provider must give a written notice of the 27 decision to each resident of the rental premises. 28 Page 182

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 275] Division 3 Publication of house rules 1 275 Proposed resident to be given a copy of house rules 2 The provider or provider's agent for rental premises must not 3 enter into a rooming accommodation agreement to provide 4 accommodation in the premises to a person unless the 5 provider or provider's agent has given the person a copy of the 6 house rules for the premises. 7 Maximum penalty--10 penalty units. 8 276 Display of house rules 9 The provider or provider's agent for rental premises must 10 ensure a copy of the house rules for the premises is displayed, 11 at all times, at a place in the rental premises where it is likely 12 to be seen by the residents. 13 Maximum penalty--10 penalty units. 14 Chapter 5 Ending of agreements 15 Part 1 Ending of residential tenancy 16 agreements 17 Division 1 General 18 277 Ending of residential tenancy agreements 19 (1) A residential tenancy agreement ends only in a way 20 mentioned in this section. 21 Page 183

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 277] (2) A residential tenancy agreement ends by written agreement of 1 the lessor and tenant. 2 (3) A residential tenancy agreement ends if-- 3 (a) the lessor gives a notice to leave the premises to the 4 tenant; and 5 (b) the tenant hands over vacant possession of the premises 6 on or after the handover day. 7 Editor's notes-- 8 See section 326 (Notice to leave) for requirements for the notice. 9 See sections 329 (Handover day for notice to leave for premises 10 that are not moveable dwelling premises) and 330 (Handover 11 day for notice to leave for moveable dwelling premises) for 12 requirements about the handover day. 13 (4) A residential tenancy agreement ends if the tenant-- 14 (a) gives a notice of intention to leave the premises to the 15 lessor; and 16 (b) hands over vacant possession of the premises on or after 17 the handover day. 18 Editor's notes-- 19 See section 327 (Notice of intention to leave) for requirements 20 for the notice. 21 See sections 331 (Handover day for notice of intention to leave 22 for premises that are not moveable dwelling premises) and 332 23 (Handover day for notice of intention to leave for moveable 24 dwelling premises) for requirements about the handover day. 25 (5) A residential tenancy agreement ends-- 26 (a) if a tribunal makes an order terminating the agreement; 27 or 28 (b) if the tenant abandons the premises. 29 Editor's notes-- 30 See chapter 5 (Ending of agreements), part 1 (Ending of 31 residential tenancy agreements), division 6 (Orders of tribunal) 32 for the making of termination orders by the tribunal. 33 Page 184

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 278] See chapter 5 (Ending of agreements), part 1 (Ending of 1 residential tenancy agreements), division 8 (Abandonment) for 2 alternative procedures the lessor needs to follow in the case of 3 abandonment of the premises. 4 (6) A residential tenancy agreement ends if, after receiving a 5 notice from a mortgagee under section 317, the tenant vacates, 6 or is removed from, the premises. 7 (7) If a sole tenant dies, the residential tenancy agreement ends on 8 the earliest of the following-- 9 (a) 2 weeks after the tenant's personal representative or 10 relative gives the lessor or lessor's agent written notice 11 that the agreement ends because of the tenant's death; 12 (b) 2 weeks after the lessor or lessor's agent gives the 13 tenant's personal representative or relative written notice 14 that the agreement ends because of the tenant's death; 15 (c) the day agreed between the lessor or lessor's agent and 16 the tenant's personal representative or relative; 17 (d) the day decided by the tribunal on application by the 18 lessor or lessor's agent. 19 (8) However, if no notice is given, or agreement or application 20 made, under subsection (7), the residential tenancy agreement 21 ends 1 month after the tenant's death. 22 (9) Nothing prevents the withdrawal of a notice or application 23 under subsection (7) so that a day may be agreed under 24 subsection (7)(c). 25 278 Acceptance of rent does not operate as waiver of tenant's 26 breach 27 (1) If the lessor makes a demand for, takes a proceeding for the 28 recovery of, or accepts, rent payable under the agreement, the 29 lessor's action-- 30 (a) does not operate as a waiver of-- 31 (i) a breach of the agreement by the tenant; or 32 Page 185

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 279] (ii) a notice to leave given to the tenant by the lessor 1 for an unremedied breach; and 2 (b) is not evidence of the creation of a new tenancy. 3 (2) Despite subsection (1), if the lessor gives the tenant a notice to 4 remedy breach under section 280 for a breach of the 5 agreement relating to a failure to pay rent, acceptance by the 6 lessor of the total amount of rent required under the notice to 7 be paid to remedy the breach operates as a waiver of the 8 breach. 9 (3) Subsection (2) applies only if the amount mentioned in the 10 subsection is tendered by the tenant to the lessor within the 11 allowed remedy period. 12 279 Offer or payment of rent does not operate as waiver of 13 lessor's breach 14 If the tenant pays or offers to pay to the lessor rent payable 15 under the agreement, the payment or offer does not operate as 16 a waiver of-- 17 (a) a breach of the agreement by the lessor; or 18 (b) a notice of intention to leave for an unremedied breach 19 given to the lessor by the tenant. 20 Division 2 Action by lessor 21 Subdivision 1 Notices to remedy breach given by 22 lessor 23 280 Notice to remedy tenant's breach 24 (1) This section applies if the lessor believes on reasonable 25 grounds that-- 26 (a) the rent payable under the agreement has remained 27 unpaid in breach of the agreement for at least 7 days; or 28 Page 186

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 281] (b) the tenant has breached another term of the agreement 1 and the breach has not been remedied. 2 (2) The lessor may give a notice to the tenant requiring the tenant 3 to remedy the breach within the allowed remedy period. 4 (3) This section does not apply to an agreement for a short 5 tenancy (moveable dwelling). 6 Editor's notes-- 7 See section 325 (Notice to remedy breach) for requirements for the 8 notice. 9 See section 328 (Allowed remedy period) and schedule 2 (Dictionary), 10 definition allowed remedy period. 11 Subdivision 2 Notices to leave premises given by 12 lessor 13 281 Notice to leave for unremedied breach 14 (1) The lessor may give a notice to leave the premises to the 15 tenant because the tenant has failed to comply, within the 16 allowed remedy period, with a notice to remedy breach given 17 to the tenant by the lessor. 18 (2) A notice to leave under this section is called a notice to leave 19 for an unremedied breach. 20 Editor's notes-- 21 See section 326 (Notice to leave) for requirements for the notice under 22 this section. 23 See section 328 (Allowed remedy period) and schedule 2 (Dictionary), 24 definition allowed remedy period. 25 282 Notice to leave for tenant's noncompliance with tribunal 26 order 27 (1) The lessor may give a notice to leave the premises to the 28 tenant because the tenant has failed to comply with an order of 29 a tribunal. 30 Page 187

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 283] (2) A notice to leave under this section is called a notice to leave 1 for noncompliance (tribunal order). 2 283 Notice to leave for noncompliance (moveable dwelling 3 relocation) 4 (1) This section applies only to moveable dwelling premises in a 5 moveable dwelling park. 6 (2) The lessor may give a notice to leave the premises to the 7 tenant because the tenant has failed to comply, within the 8 required period, with a notice to relocate given to the tenant 9 by the lessor. 10 Editor's note-- 11 See section 223 (Notice to relocate) for requirements for the notice to 12 relocate. 13 (3) A notice to leave under this section is called a notice to leave 14 for noncompliance (moveable dwelling relocation). 15 Editor's note-- 16 See section 330(2)(c) (Handover day for notice to leave for moveable 17 dwelling premises) for requirements about the handover day for a notice 18 to leave given because of noncompliance (moveable dwelling 19 relocation). 20 284 Notice to leave if agreement frustrated 21 (1) The lessor may give a notice to leave the premises to the 22 tenant because the premises-- 23 (a) have been destroyed, or made completely or partly unfit 24 to live in, other than because of a breach of the 25 agreement; or 26 (b) no longer may be used lawfully as a residence; or 27 (c) have been appropriated or acquired compulsorily by an 28 authority. 29 Page 188

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 285] (2) A notice to leave under this section must be given within 1 1 month after the happening of the event mentioned in 2 subsection (1). 3 (3) A notice to leave under subsection (1)(a) or (b) is called a 4 notice to leave for non-livability. 5 Editor's note-- 6 See sections 329(2)(d) (Handover day for notice to leave for premises 7 that are not moveable dwelling premises) and 330(2)(d) (Handover day 8 for notice to leave for moveable dwelling premises) for requirements 9 about the handover day for a notice to leave given because of 10 non-livability. 11 (4) A notice to leave under subsection (1)(c) is called a notice to 12 leave for compulsory acquisition. 13 Editor's note-- 14 See sections 329(2)(e) (Handover day for notice to leave for premises 15 that are not moveable dwelling premises) and 330(2)(e) (Handover day 16 for notice to leave for moveable dwelling premises) for requirements 17 about the handover day for a notice to leave given because of 18 compulsory acquisition. 19 285 Notice to leave if agreement frustrated (moveable 20 dwelling premises) 21 (1) This section applies only to moveable dwelling premises in a 22 moveable dwelling park. 23 (2) The lessor may give a notice to leave the premises to the 24 tenant because the park has become an unfit place in which to 25 live in a moveable dwelling. 26 (3) A notice to leave may be given under this section only if a 27 facility in the park generally available for use by occupants of 28 moveable dwellings in the park has been destroyed, or 29 become completely or partially unavailable for use, other than 30 because of a breach of the agreement. 31 (4) A notice to leave under this section must be given within 1 32 month after the park becoming an unfit place in which to live. 33 Page 189

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 286] (5) A notice to leave under this section is called a notice to leave 1 for non-livability. 2 Editor's note-- 3 See section 330(2)(d) (Handover day for notice to leave for moveable 4 dwelling premises) for requirements about the handover day for a notice 5 to leave given because of non-livability. 6 286 Notice to leave if premises being sold 7 (1) The lessor under a periodic agreement may give a notice to 8 leave the premises to the tenant because the lessor has entered 9 into a contract to sell the premises with vacant possession. 10 (2) A notice to leave under this section is called a notice to leave 11 for sale contract. 12 Editor's note-- 13 See sections 329(2)(f) (Handover day for notice to leave for premises 14 that are not moveable dwelling premises) and 330(2)(f) (Handover day 15 for notice to leave for moveable dwelling premises) for requirements 16 about the handover day for a notice to leave given because of a sale 17 contract. 18 287 Notice to leave if closure of moveable dwelling park 19 involved 20 (1) This section applies only to moveable dwelling premises in a 21 moveable dwelling park. 22 (2) The lessor may give a notice to leave the premises to the 23 tenant because-- 24 (a) the use of the premises where the park is situated (the 25 park premises) is to be, or is proposed to be, changed to 26 a use other than as a moveable dwelling park; or 27 (b) the park is to be closed. 28 (3) If the authority under which a person is allowed to use the 29 park premises as a moveable dwelling park ends, the lessor 30 must give a notice to leave the premises to the tenant within 31 24 hours of the authority ending. 32 Page 190

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 288] (4) A notice to leave under subsection (2) is called a notice to 1 leave for voluntary park closure. 2 Editor's note-- 3 See section 330(2)(g) (Handover day for notice to leave for moveable 4 dwelling premises) for requirements about the handover day for a notice 5 to leave given because of a voluntary park closure. 6 (5) A notice to leave under subsection (3) is called a notice to 7 leave for compulsory park closure. 8 Editor's note-- 9 See section 330(2)(h) (Handover day for notice to leave for moveable 10 dwelling premises) for requirements about the handover day for a notice 11 to leave given because of a compulsory park closure. 12 288 Notice to leave if tenant's employment ends or 13 entitlement to occupy under employment ends 14 (1) If-- 15 (a) the tenant occupies the premises under the tenant's 16 terms of employment; and 17 (b) either-- 18 (i) the tenant's employment ends; or 19 (ii) the tenant's entitlement to occupy the premises 20 ends under the tenant's terms of employment; 21 the lessor may give a notice to leave the premises to the 22 tenant. 23 (2) A notice to leave under this section is called a notice to leave 24 for ending of entitlement under employment. 25 (3) This section applies subject to an industrial award or 26 agreement or contract of employment. 27 Editor's notes-- 28 See section 326 (Notice to leave) for requirements for the notice. 29 See sections 329(2)(g) (Handover day for notice to leave for premises 30 that are not moveable dwelling premises) and 330(2)(i) (Handover day 31 for notice to leave for moveable dwelling premises) for requirements 32 Page 191

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 289] about the handover day for a notice to leave given because of ending of 1 entitlement under employment. 2 289 Notice to leave if tenant's entitlement to supported 3 accommodation ends 4 (1) This section applies if-- 5 (a) the tenant's right of occupancy of the premises arises out 6 of approved supported accommodation; and 7 (b) the tenant ceases to be eligible-- 8 (i) to be provided with approved supported 9 accommodation; or 10 (ii) to continue to occupy the particular premises. 11 (2) The lessor may give a notice to leave the premises to the 12 tenant. 13 (3) A notice to leave under this section is called a notice to leave 14 for ending of accommodation assistance. 15 Editor's notes-- 16 See section 326 (Notice to leave) for requirements for the notice. 17 See sections 329(2)(h) (Handover day for notice to leave for premises 18 that are not moveable dwelling premises) and 330(2)(j) (Handover day 19 for notice to leave for moveable dwelling premises) for requirements 20 about the handover day for a notice to leave given because of ending of 21 accommodation assistance. 22 290 Notice to leave if tenant's entitlement under affordable 23 housing scheme 24 (1) This section applies if-- 25 (a) the tenant occupies the premises under an affordable 26 housing scheme; and 27 (b) the tenant ceases to be eligible under the scheme-- 28 (i) to receive assistance; or 29 (ii) to continue to occupy the particular premises. 30 Page 192

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 291] (2) The lessor may give a notice to leave the premises to the 1 tenant. 2 (3) A notice to leave under this section is called a notice to leave 3 for ending of housing assistance. 4 Editor's note-- 5 See sections 329(2)(i) (Handover day for notice to leave for premises 6 that are not moveable dwelling premises) and 330(2)(k) (Handover day 7 for notice to leave for moveable dwelling premises) for requirements 8 about the handover day for a notice to leave given because of ending of 9 housing assistance. 10 291 Notice to leave without ground 11 (1) The lessor may give a notice to leave the premises to the 12 tenant without stating a ground for the notice. 13 (2) However, the lessor must not give a notice to leave under this 14 section because-- 15 (a) the tenant has applied, or is proposing to apply, to a 16 tribunal for an order under this Act; or 17 (b) the tenant-- 18 (i) has complained to a government entity about an act 19 or omission of the lessor adversely affecting the 20 tenant; or 21 (ii) has taken some other action to enforce the tenant's 22 rights; or 23 (c) an order of a tribunal is in force in relation to the lessor 24 and tenant. 25 (3) Also, the lessor may not give a notice to leave under this 26 section if the giving of the notice constitutes taking retaliatory 27 action against the tenant. 28 (4) A notice to leave under this section is called a notice to leave 29 without ground. 30 Page 193

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 292] Editor's note-- 1 See sections 329(2)(j) (Handover day for notice to leave for premises 2 that are not moveable dwelling premises) and 330(2)(l) (Handover day 3 for notice to leave for moveable dwelling premises) for requirements 4 about the handover day for a notice to leave given without ground for a 5 periodic agreement. 6 292 Application to tribunal about notice to leave without 7 ground 8 (1) This section applies if-- 9 (a) the tenant is given a notice to leave without ground; and 10 (b) the tenant reasonably believes the notice was given in 11 contravention of section 291. 12 (2) The tenant may apply to a tribunal for an order to set aside the 13 notice. 14 (3) The application must be made within 4 weeks after the notice 15 was given. 16 (4) On an application under this section, the tribunal may make 17 the order sought if it is satisfied the notice was given in 18 contravention of section 291. 19 Subdivision 3 Applications for termination by 20 lessor 21 293 Application for termination for failure to leave 22 (1) The lessor may apply to a tribunal for a termination order 23 because-- 24 (a) the lessor gave a notice to leave the premises to the 25 tenant; and 26 (b) the tenant failed to hand over vacant possession of the 27 premises to the lessor on the handover day. 28 Page 194

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 294] (2) An application under this section must be made within 2 1 weeks after the handover day. 2 (3) An application made under this section is called an 3 application made because of a failure to leave. 4 294 Application for termination for failure to leave as 5 intended 6 (1) The lessor may apply to a tribunal for a termination order 7 because the tenant-- 8 (a) gave a notice of intention to leave the premises to the 9 lessor; and 10 (b) did not withdraw the notice before the handover day; 11 and 12 (c) failed to hand over vacant possession of the premises to 13 the lessor on the handover day. 14 (2) An application under this section must be made within 2 15 weeks after the handover day. 16 (3) An application under this section is called an application 17 made because of a failure to leave as intended. 18 Editor's note-- 19 See sections 335(1) (Applications for termination orders) and 342 20 (Failure to leave as intended) for other provisions about the application. 21 295 Application for termination for excessive hardship 22 (1) The lessor may apply to a tribunal for a termination order 23 because the lessor would suffer excessive hardship if the 24 agreement were not terminated. 25 (2) An application under this section is called an application 26 made because of excessive hardship. 27 Editor's note-- 28 See sections 335(1) (Applications for termination orders) and 343 29 (Excessive hardship) for other provisions about the application. 30 Page 195

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 296] 296 Application for termination for damage or injury 1 (1) The lessor may apply to a tribunal for a termination order 2 because the tenant has intentionally or recklessly caused, or is 3 likely to intentionally or recklessly cause-- 4 (a) serious damage to the premises; or 5 (b) injury to-- 6 (i) the lessor, the lessor's agent or someone else 7 allowed on the premises; or 8 (ii) a person occupying, or allowed on, premises 9 nearby. 10 (2) However, the lessor may not make an application about injury 11 to a person if the person is-- 12 (a) the spouse of the tenant occupying the premises with the 13 tenant; or 14 (b) a cotenant whose spouse is the other, or another, 15 cotenant. 16 (3) An application under this section about damage to premises is 17 called an application made because of damage. 18 (4) An application under this section about injury to a person is 19 called an application made because of injury. 20 Editor's note-- 21 See sections 335(1) (Applications for termination orders) and 344 22 (Damage or injury) for other provisions about the application. 23 297 Application for termination for tenant's objectionable 24 behaviour 25 (1) The lessor may apply to a tribunal for a termination order 26 because the tenant-- 27 (a) has harassed, intimidated or verbally abused-- 28 (i) the lessor or lessor's agent; or 29 Page 196

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 298] (ii) a person occupying, or allowed on, premises 1 nearby; or 2 (b) is causing, or has caused, a serious nuisance to persons 3 occupying premises nearby. 4 (2) An application under this section is called an application 5 made because of objectionable behaviour. 6 Editor's note-- 7 See sections 335(1) (Applications for termination orders) and 345 8 (Objectionable behaviour) for other provisions about the application. 9 298 Application for termination for incompatibility 10 (1) This section applies only to a residential tenancy that is a short 11 tenancy (moveable dwelling). 12 (2) The lessor may apply to a tribunal for a termination order 13 because the lessor and tenant are incompatible in a way that 14 makes it desirable, in the interests of both parties, for the 15 agreement to end. 16 (3) An application under this section is called an application 17 made because of incompatibility. 18 Editor's note-- 19 See sections 335(1) (Applications for termination orders) and 346 20 (Incompatibility) for other provisions about the application. 21 299 Application by lessor for termination for repeated 22 breaches by tenant 23 (1) This section applies if-- 24 (a) the lessor gives 2 notices to remedy breach to the tenant 25 for breaches of a particular provision in relation to the 26 agreement; and 27 (b) each notice relates to a separate breach of the particular 28 provision; and 29 Page 197

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 300] (c) the tenant remedies each breach within the relevant 1 allowed remedy period; and 2 (d) the tenant commits a further breach of the particular 3 provision after the breaches mentioned in paragraph (a); 4 and 5 (e) all breaches happen within the period prescribed under a 6 regulation for this section. 7 (2) The lessor may apply to a tribunal for a termination order. 8 (3) An application under this section is called an application 9 made because of repeated breaches. 10 (4) In this section-- 11 provision means-- 12 (a) section 184 (Tenant's use of premises); or 13 (b) section 188 (Tenant's obligations generally); or 14 (c) section 189 (Tenant's obligations for facilities in 15 moveable dwelling parks); or 16 (d) section 190 (Tenant's obligations for moveable dwelling 17 site); or 18 (e) a provision of a section mentioned in paragraphs (a) to 19 (d); or 20 (f) a provision of an agreement providing for the payment 21 of rent. 22 Editor's note-- 23 See sections 335(1) (Applications for termination orders) and 347 24 (Repeated breaches) for other provisions about the application. 25 300 Application for interim order about damage or injury 26 (1) This section applies if-- 27 (a) the lessor makes an application to a tribunal for a 28 termination order because of damage or injury; and 29 Page 198

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 301] (b) the lessor believes on reasonable grounds the tenant is 1 likely to cause further damage or injury for which a 2 termination order could be sought. 3 (2) The lessor may apply to a tribunal for an order to restrain the 4 tenant from causing the further damage or injury. 5 Editor's note-- 6 See section 348 (Interim order about damage or injury) for provisions 7 about making the order. 8 Division 3 Action by tenant 9 Subdivision 1 Notices to remedy breach given by 10 tenant 11 301 Notice to remedy lessor's breach 12 (1) If the tenant believes on reasonable grounds that the lessor has 13 breached a term of the agreement and the breach has not been 14 remedied, the tenant may give a notice to the lessor requiring 15 the lessor to remedy the breach within the allowed remedy 16 period. 17 (2) This section does not apply to an agreement for a short 18 tenancy (moveable dwelling). 19 Editor's notes-- 20 See section 325 (Notice to remedy breach) for requirements for the 21 notice. 22 See section 328 (Allowed remedy period) and schedule 2 (Dictionary), 23 definition allowed remedy period. 24 Page 199

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 302] Subdivision 2 Notices of intention to leave 1 premises given by tenant 2 302 Notice of intention to leave for unremedied breach 3 (1) The tenant may give a notice of intention to leave the 4 premises to the lessor because the lessor has failed to comply, 5 within the allowed remedy period, with a notice to remedy 6 breach given to the lessor by the tenant. 7 (2) A notice of intention to leave under this section is called a 8 notice of intention to leave for an unremedied breach. 9 Editor's notes-- 10 See section 327 (Notice of intention to leave) for requirements for the 11 notice. 12 See sections 331(2)(a) (Handover day for notice of intention to leave for 13 premises that are not moveable dwelling premises) and 332(2)(a) 14 (Handover day for notice of intention to leave for moveable dwelling 15 premises) for requirements about the handover day for a notice of 16 intention to leave given because of an unremedied breach. 17 303 Waiver of breach 18 If-- 19 (a) a notice of intention to leave is given to the lessor for an 20 unremedied breach; and 21 (b) the lessor remedies the breach before the handover day; 22 the tenant may, instead of handing over vacant possession of 23 the premises to the lessor on the handover day, waive the 24 breach by written notice given to the lessor before the 25 handover day. 26 Page 200

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 304] 304 Notice of intention to leave for lessor's noncompliance 1 with tribunal order 2 (1) The tenant may give a notice of intention to leave the 3 premises to the lessor because the lessor has failed to comply 4 with an order of a tribunal. 5 (2) A notice of intention to leave under this section is called a 6 notice of intention to leave for noncompliance (tribunal 7 order). 8 Editor's notes-- 9 See section 327 (Notice of intention to leave) for requirements for the 10 notice. 11 See sections 331(2)(b) (Handover day for notice of intention to leave for 12 premises that are not moveable dwelling premises) and 332(2)(b) 13 (Handover day for notice of intention to leave for moveable dwelling 14 premises) for requirements about the handover day for a notice of 15 intention to leave given because of noncompliance (tribunal order). 16 305 Notice of intention to leave if agreement frustrated 17 (1) The tenant may give a notice of intention to leave the 18 premises to the lessor because the premises-- 19 (a) have been destroyed, or made completely or partially 20 unfit to live in, other than because of a breach of the 21 agreement; or 22 (b) no longer may be used lawfully as a residence; or 23 (c) have been appropriated or acquired compulsorily by an 24 authority. 25 (2) A notice of intention to leave under this section must be given 26 within 1 month after the happening of the event mentioned in 27 subsection (1). 28 (3) A notice of intention to leave under subsection (1)(a) or (b) is 29 called a notice of intention to leave for non-livability. 30 (4) A notice of intention to leave under subsection (1)(c) is called 31 a notice of intention to leave for compulsory acquisition. 32 Page 201

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 306] Editor's notes-- 1 See section 327 (Notice of intention to leave) for requirements for the 2 notice. 3 See sections 331(2)(c) (Handover day for notice of intention to leave for 4 premises that are not moveable dwelling premises) and 332(2)(c) 5 (Handover day for notice of intention to leave for moveable dwelling 6 premises) for requirements about the handover day for a notice of 7 intention to leave given because of non-livability. 8 See sections 331(2)(d) (Handover day for notice of intention to leave for 9 premises that are not moveable dwelling premises) and 332(2)(d) 10 (Handover day for notice of intention to leave for moveable dwelling 11 premises) for requirements about the handover day for a notice of 12 intention to leave given because of compulsory acquisition. 13 306 Notice of intention to leave if agreement frustrated 14 (moveable dwelling premises) 15 (1) This section applies only to moveable dwelling premises in a 16 moveable dwelling park. 17 (2) The tenant may give a notice of intention to leave the 18 premises to the lessor because the park has become an unfit 19 place in which to live in a moveable dwelling. 20 (3) A notice of intention to leave may be given under this section 21 only if a facility in the park generally available for use by 22 occupants of moveable dwellings in the park has been 23 destroyed, or become completely or partially unavailable for 24 use, other than because of a breach of the agreement. 25 (4) A notice of intention to leave under this section must be given 26 within 1 month after the park becoming an unfit place in 27 which to live. 28 (5) A notice of intention to leave under this section is called a 29 notice of intention to leave for non-livability. 30 Editor's notes-- 31 See section 327 (Notice of intention to leave) for requirements for the 32 notice. 33 Page 202

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 307] See section 332(2)(c) (Handover day for notice of intention to leave for 1 moveable dwelling premises) for requirements about the handover day 2 for a notice of intention to leave given because of non-livability. 3 307 Notice of intention to leave if premises being sold 4 (1) The tenant may give notice of intention to leave the premises 5 to the lessor or lessor's agent if either of the following happen 6 within 2 months (the prescribed period) after the start of the 7 agreement-- 8 (a) the premises are advertised for sale; 9 (b) the lessor or lessor's agent enters the premises under 10 section 192(1)(f) to show the premises to a prospective 11 buyer. 12 (2) However, subsection (1) does not apply if the lessor gave the 13 tenant written notice of the lessor's intention to sell the 14 premises before the agreement was entered into. 15 (3) A notice of intention to leave under this section must be given 16 not later than 2 weeks after the end of the prescribed period. 17 (4) A notice of intention to leave under subsection (1) is called a 18 notice of intention to leave for intention to sell. 19 Editor's notes-- 20 See section 327 (Notice of intention to leave) for requirements for the 21 notice. 22 See sections 331(2)(e) (Handover day for notice of intention to leave for 23 premises that are not moveable dwelling premises) and 332(2)(e) 24 (Handover day for notice of intention to leave for moveable dwelling 25 premises) for requirements about the handover day for a notice of 26 intention to leave given because of intention to sell. 27 308 Notice of intention to leave without ground 28 (1) The tenant may give a notice of intention to leave the 29 premises to the lessor without stating a ground for the notice. 30 (2) A notice of intention to leave under this section is called a 31 notice of intention to leave without ground. 32 Page 203

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 309] Editor's notes-- 1 See section 327 (Notice of intention to leave) for requirements for the 2 notice. 3 See sections 331(2)(f) (Handover day for notice of intention to leave for 4 premises that are not moveable dwelling premises) and 332(2)(f) 5 (Handover day for notice of intention to leave for moveable dwelling 6 premises) for requirements about the handover day for a notice of 7 intention to leave given without ground for a periodic agreement. 8 Subdivision 3 Applications for termination by 9 tenant 10 309 Application for termination for failure of lessor to remedy 11 breach 12 (1) This section applies if the tenant has given the lessor a notice 13 to remedy breach under section 301. 14 (2) The tenant may apply to a tribunal for a termination order 15 because the lessor has failed to comply, within the allowed 16 remedy period, with a notice to remedy breach given to the 17 lessor by the tenant. 18 (3) Nothing prevents a tenant who has given a notice of intention 19 to leave from applying to a tribunal for a termination order if 20 the tenant has withdrawn the notice before the handover day. 21 310 Application for termination for excessive hardship 22 (1) The tenant may apply to a tribunal for a termination order 23 because the tenant would suffer excessive hardship if the 24 agreement were not terminated. 25 (2) An application under this section is called an application 26 made because of excessive hardship. 27 Editor's note-- 28 See sections 335(2) (Applications for termination orders) and 343 29 (Excessive hardship) for other provisions about the application. 30 Page 204

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 311] 311 Application for termination for damage or injury 1 (1) The tenant may apply to a tribunal for a termination order 2 because the lessor has intentionally or recklessly caused, or is 3 likely to intentionally or recklessly cause-- 4 (a) serious damage to the tenant's goods; or 5 (b) injury to-- 6 (i) the tenant; or 7 (ii) someone else occupying, or allowed on, the 8 premises. 9 (2) An application under this section about damage to goods is 10 called an application made because of damage. 11 (3) An application under this section about injury to a person is 12 called an application made because of injury. 13 Editor's note-- 14 See sections 335(2) (Applications for termination orders) and 344 15 (Damage or injury) for other provisions about the application. 16 312 Application by cotenant for termination for damage or 17 injury 18 (1) A cotenant may apply to a tribunal for a termination order 19 because the other cotenant, or another cotenant, has 20 intentionally or recklessly caused, or is likely to intentionally 21 or recklessly cause-- 22 (a) serious damage to the premises; or 23 (b) injury to-- 24 (i) the applicant; or 25 (ii) someone else occupying, or allowed on, the 26 premises. 27 (2) An application under this section about damage to premises is 28 called an application made because of damage. 29 Page 205

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 313] (3) An application under this section about injury to a person is 1 called an application made because of injury. 2 313 Application for termination for lessor's objectionable 3 behaviour 4 (1) The tenant may apply to a tribunal for a termination order 5 because the lessor has harassed, intimidated or verbally 6 abused-- 7 (a) the tenant; or 8 (b) another person occupying, or allowed on, the premises. 9 (2) An application made under this section is called an 10 application made because of objectionable behaviour. 11 Editor's note-- 12 See sections 335(2) (Applications for termination orders) and 345 13 (Objectionable behaviour) for other provisions about the application. 14 314 Application for termination for incompatibility 15 (1) This section applies only to a residential tenancy that is a short 16 tenancy (moveable dwelling). 17 (2) The tenant may apply to a tribunal for a termination order 18 because the tenant and lessor are incompatible in a way that 19 makes it desirable, in the interests of both parties, for the 20 agreement to end. 21 (3) An application under this section is called an application 22 made because of incompatibility. 23 Editor's note-- 24 See sections 335(2) (Applications for termination orders) and 346 25 (Incompatibility) for other provisions about the application. 26 315 Application by tenant for termination for repeated 27 breaches by lessor 28 (1) This section applies if-- 29 Page 206

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 315] (a) the tenant gives 2 notices to remedy breach to the lessor 1 for breaches of a particular provision in relation to the 2 agreement; and 3 (b) each notice relates to a separate breach of the particular 4 provision; and 5 (c) the lessor remedies each breach within the relevant 6 allowed remedy period; and 7 (d) the lessor commits a further breach of the particular 8 provision after the breaches mentioned in paragraph (a); 9 and 10 (e) all breaches happen within the period prescribed under a 11 regulation for this section. 12 (2) The tenant may apply to a tribunal for a termination order. 13 (3) An application under this section is called an application 14 made because of repeated breaches. 15 (4) In this section-- 16 provision means-- 17 (a) section 183 (Quiet enjoyment); or 18 (b) section 185 (Lessor's obligations generally); or 19 (c) section 186 (Lessor's obligations for facilities in 20 moveable dwelling parks); or 21 (d) section 187 (Lessor's obligations for moveable dwelling 22 site); or 23 (e) section 202 (Unlawful entry of premises); or 24 (f) a provision of a section mentioned in paragraphs (a) to 25 (e); or 26 (g) a provision of an agreement providing for the payment 27 of rent. 28 Editor's note-- 29 See sections 335(2) (Applications for termination orders) and 347 30 (Repeated breaches) for other provisions about the application. 31 Page 207

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 316] 316 Application for interim order about damage or injury 1 (1) This section applies if-- 2 (a) the tenant makes an application to a tribunal for a 3 termination order because of damage or injury; and 4 (b) the tenant believes on reasonable grounds the lessor is 5 likely to cause further damage or injury for which a 6 termination order could be sought. 7 (2) The tenant may apply to a tribunal for an order to restrain the 8 lessor from causing the further damage or injury. 9 Division 4 Action by other persons 10 Subdivision 1 Mortgagees 11 317 Notice about proposed action of mortgagee 12 (1) This section applies if-- 13 (a) residential premises are subject to a mortgage; and 14 (b) after the premises become subject to the mortgage, a 15 residential tenancy agreement is entered into for the 16 premises; and 17 (c) the mortgagee under the mortgage does not consent to 18 the tenancy; and 19 (d) the mortgagee, or another person appointed under the 20 mortgage (the appointed person), has become entitled 21 to obtain possession of the premises. 22 (2) The mortgagee must not obtain possession of the premises 23 unless, at least 2 months before obtaining possession, the 24 mortgagee or the appointed person gives the tenant notice in 25 the approved form informing the tenant that possession is to 26 be obtained. 27 Maximum penalty--50 penalty units. 28 Page 208

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 318] (3) The appointed person must not obtain possession of the 1 premises unless, at least 2 months before obtaining 2 possession, the appointed person or mortgagee gives the 3 tenant notice in the approved form informing the tenant that 4 possession is to be obtained. 5 Maximum penalty--50 penalty units. 6 (4) In this section-- 7 obtain includes take. 8 318 Acceptance of rent does not operate as consent 9 (1) This section applies if-- 10 (a) residential premises are subject to a mortgage; and 11 (b) after the premises becomes subject to the mortgage, a 12 residential tenancy agreement is entered into for the 13 premises; and 14 (c) the mortgagee under the mortgage does not consent to 15 the tenancy. 16 (2) If the mortgagee, or another person appointed under the 17 mortgage, makes a demand for, takes a proceeding for the 18 recovery of, or accepts, rent payable under the residential 19 tenancy agreement, the mortgagee's or person's action does 20 not operate as a consent to the tenancy. 21 319 Tenant not liable for loss if tenant vacates or is removed 22 from premises after receiving notice from mortgagee 23 (1) This section applies if the tenant of premises is given a notice 24 by a mortgagee under section 317 and vacates, or is removed 25 from, the premises. 26 (2) The tenant is not liable for rent or for any other loss or 27 expense incurred by the lessor merely because the tenant 28 vacates, or is removed from, the premises. 29 Page 209

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 320] 320 Tenant not liable for loss if rent paid to mortgagee 1 (1) This section applies if a mortgagee of premises gives the 2 tenant written notice that the tenant must pay rent for the 3 premises to the mortgagee. 4 (2) The tenant is not liable for rent or for any other loss or 5 expense incurred by the lessor merely because the tenant pays 6 rent for the premises to the mortgagee. 7 Subdivision 2 Other persons 8 321 Application by tenant's domestic associate for 9 termination for damage or injury 10 (1) The domestic associate of the tenant occupying the premises 11 with the tenant may apply to a tribunal for a termination order 12 because the tenant-- 13 (a) has intentionally or recklessly caused, or is likely to 14 intentionally or recklessly cause, serious damage to the 15 premises; or 16 (b) has committed an act of domestic violence against the 17 domestic associate. 18 (2) In this section-- 19 domestic associate means a person in any of the following 20 relationships-- 21 (a) a spousal relationship; 22 (b) an intimate personal relationship; 23 (c) a family relationship; 24 (d) an informal care relationship. 25 (3) A term used in subsection (2)(a) to (d) has the same meaning 26 as in the Domestic and Family Violence Protection Act 1989 27 and a reference in that Act to a court deciding whether a 28 relationship exists includes a reference to the tribunal 29 deciding that issue for this section. 30 Page 210

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 322] 322 Application by occupant for termination for damage or 1 injury 2 An occupant of premises under an agreement who is not the 3 tenant may apply to a tribunal for a termination order because 4 the tenant has intentionally or recklessly caused, or is likely to 5 intentionally or recklessly cause-- 6 (a) serious damage to the premises; or 7 (b) injury to-- 8 (i) the applicant; or 9 (ii) someone else occupying, or allowed on, the 10 premises. 11 323 Application for interim order about damage or injury 12 (1) This section applies if-- 13 (a) the domestic associate of the tenant, or an occupant of 14 the premises, makes an application to a tribunal for a 15 termination order for damage or injury; and 16 (b) the applicant believes on reasonable grounds the tenant 17 is likely to cause further damage or injury for which a 18 termination order could be sought. 19 (2) The applicant may apply to a tribunal for an order to restrain 20 the tenant from causing the further damage or injury. 21 (3) In this section-- 22 domestic associate means a person in any of the following 23 relationships-- 24 (a) a spousal relationship; 25 (b) an intimate personal relationship; 26 (c) a family relationship; 27 (d) an informal care relationship. 28 (4) A term used in subsection (3)(a) to (d) has the same meaning 29 as in the Domestic and Family Violence Protection Act 1989 30 Page 211

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 324] and a reference in that Act to a court deciding whether a 1 relationship exists includes a reference to the tribunal 2 deciding that issue for this section. 3 324 References to applications 4 (1) An application under this part about damage to premises is 5 called an application made because of damage. 6 (2) An application under this part about injury to a person is 7 called an application made because of injury. 8 Division 5 Procedural requirements for action 9 taken by lessor or tenant 10 325 Notice to remedy breach 11 (1) A notice to remedy breach must be in the approved form. 12 (2) The approved form must provide for the notice-- 13 (a) to be signed by or for the party giving the notice; and 14 (b) to include particulars of the breach; and 15 (c) to state the day by which the party to whom the notice is 16 directed is required to remedy the breach. 17 326 Notice to leave 18 (1) A notice to leave premises must-- 19 (a) be in the approved form; and 20 (b) be signed by or for the lessor; and 21 (c) identify the premises; and 22 (d) require the tenant to hand over vacant possession of the 23 premises to the lessor on the day stated in the notice; 24 and 25 Page 212

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 327] (e) state-- 1 (i) the ground on which the notice is given; or 2 (ii) that the notice is given without ground; and 3 (f) unless the notice is given without ground--give 4 particulars of the ground on which the notice is given. 5 (2) The notice also must-- 6 (a) state that information about the tenant's rights and 7 obligations is contained in the agreement; and 8 (b) inform the tenant that-- 9 (i) if the tenant does not comply with the notice on the 10 handover day the lessor may apply to a tribunal for 11 a termination order without giving the tenant any 12 further notice; and 13 (ii) if the tribunal makes the order, it also must make 14 an order for possession of the premises in favour of 15 the lessor. 16 (3) A notice to leave given for a fixed term agreement is not 17 ineffective because the handover day is earlier than the day 18 the term ends. 19 (4) A notice to leave given for a periodic agreement is not 20 ineffective merely because the handover day is not-- 21 (a) the last day of a period of the tenancy; or 22 (b) another day when the tenancy would have ended if this 23 Act had not been enacted. 24 Editor's note-- 25 See also section 349(1) (Defects in notices). 26 327 Notice of intention to leave 27 (1) A notice of intention to leave premises must-- 28 (a) be in the approved form; and 29 (b) be signed by or for the tenant; and 30 Page 213

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 328] (c) identify the premises; and 1 (d) state the tenant intends handing over vacant possession 2 of the premises to the lessor on the day stated in the 3 notice; and 4 (e) state-- 5 (i) the ground on which the notice is given; or 6 (ii) that the notice is given without ground; and 7 (f) unless the notice is given without ground--give 8 particulars of the ground on which the notice is given. 9 (2) A notice of intention to leave given for a fixed term agreement 10 is not ineffective merely because the handover day is earlier 11 than the day the term ends. 12 (3) A notice of intention to leave given for a periodic agreement 13 is not ineffective because the handover day is not-- 14 (a) the last day of a period of the tenancy; or 15 (b) another day the tenancy would have ended if this Act 16 had not been enacted. 17 Editor's note-- 18 See also section 349(2) (Defects in notices). 19 328 Allowed remedy period 20 (1) The allowed remedy period for a notice to remedy breach 21 must not end earlier than 7 days after the notice is given. 22 (2) However, if the notice is given about a breach of the term of 23 the agreement for payment of rent and the agreement is an 24 agreement for a long tenancy (moveable dwelling), the 25 allowed remedy period for the notice must not end earlier than 26 5 days after the notice is given. 27 Page 214

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 329] 329 Handover day for notice to leave for premises that are not 1 moveable dwelling premises 2 (1) This section applies only to notices to leave given for 3 premises that are not moveable dwelling premises. 4 (2) The handover day for a notice to leave given by the lessor 5 must not be earlier than-- 6 (a) if the notice is given because of an unremedied breach 7 and the breach is a failure to pay rent--7 days after the 8 notice is given; or 9 (b) if the notice is given because of an unremedied breach 10 and the notice is not a notice to which paragraph (a) 11 applies--14 days after the notice is given; or 12 (c) if the notice is given because of noncompliance (tribunal 13 order)--7 days after the notice is given; or 14 (d) if the notice is given because of non-livability--the day 15 the notice is given; or 16 (e) if the notice is given because of compulsory 17 acquisition--2 months after the notice is given; or 18 (f) if the notice is given because of a sale contract--4 19 weeks after the notice is given; or 20 (g) if the notice is given because of ending of entitlement 21 under employment--4 weeks after the notice is given; 22 or 23 (h) if the notice is given because of ending of 24 accommodation assistance--4 weeks after the notice is 25 given; or 26 (i) if the notice is given because of ending of housing 27 assistance--2 months after the notice is given; or 28 (j) if the notice is given without ground for a periodic 29 agreement--2 months after the notice is given; or 30 (k) if the notice is given without ground for a fixed term 31 agreement--the later of-- 32 Page 215

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 330] (i) 2 months after the notice is given; or 1 (ii) the day the term of the agreement ends. 2 (3) Nothing prevents a notice to leave under subsection (2)(k) 3 being given at any time before the end of the term of the fixed 4 term agreement. 5 330 Handover day for notice to leave for moveable dwelling 6 premises 7 (1) This section applies only to notices to leave given for 8 moveable dwelling premises. 9 (2) If the tenancy is not a short tenancy (moveable dwelling), the 10 handover day for a notice to leave given by the lessor must not 11 be earlier than-- 12 (a) if the notice is given because of an unremedied 13 breach--2 days after the notice is given; or 14 (b) if the notice is given because of noncompliance (tribunal 15 order)--7 days after the notice is given; or 16 (c) if the notice is given because of noncompliance 17 (moveable dwelling relocation)--2 days after the notice 18 is given; or 19 (d) if the notice is given because of non-livability--the day 20 the notice is given; or 21 (e) if the notice is given because of compulsory 22 acquisition--2 months after the notice is given; or 23 (f) if the notice is given because of a sale contract--4 24 weeks after the notice is given; or 25 (g) if the notice is given because of a voluntary park 26 closure--3 months after the notice is given; or 27 (h) if the notice is given because of a compulsory park 28 closure--the day the notice is given; or 29 Page 216

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 331] (i) if the notice is given because of ending of entitlement 1 under employment--4 weeks after the notice is given; 2 or 3 (j) if the notice is given because of ending of 4 accommodation assistance--4 weeks after the notice is 5 given; or 6 (k) if the notice is given because of ending of housing 7 assistance--2 months after the notice is given; or 8 (l) if the notice is given without ground for a periodic 9 agreement--2 months after the notice is given; or 10 (m) if the notice is given without ground for a fixed term 11 agreement--the later of-- 12 (i) 2 months after the notice is given; or 13 (ii) the day the term of the agreement ends. 14 (3) Nothing prevents a notice to leave under subsection (2)(m) 15 being given at any time before the end of the term of the fixed 16 term agreement. 17 (4) If the tenancy is a short tenancy (moveable dwelling), the 18 handover day for a notice to leave given by the lessor must not 19 be earlier than-- 20 (a) if neither paragraph (b) nor paragraph (c) applies--2 21 days after the notice is given; or 22 (b) if the notice is given because of non-livability--the day 23 the notice is given; or 24 (c) if the notice is given because of a compulsory park 25 closure--the day the notice is given. 26 331 Handover day for notice of intention to leave for premises 27 that are not moveable dwelling premises 28 (1) This section applies only to notices of intention to leave given 29 for premises that are not moveable dwelling premises. 30 Page 217

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 332] (2) The handover day for a notice of intention to leave given by 1 the tenant must not be earlier than-- 2 (a) if the notice is given because of an unremedied 3 breach--7 days after the notice is given; or 4 (b) if the notice is given because of noncompliance (tribunal 5 order)--7 days after the notice is given; or 6 (c) if the notice is given because of non-livability--the day 7 the notice is given; or 8 (d) if the notice is given because of compulsory 9 acquisition--2 weeks after the notice is given; or 10 (e) if the notice is given because of intention to sell--2 11 weeks after the notice is given; or 12 (f) if the notice is given without ground for a periodic 13 agreement--2 weeks after the notice is given; or 14 (g) if the notice is given without ground for a fixed term 15 agreement--the later of-- 16 (i) 14 days after the notice is given; or 17 (ii) the day the term of the agreement ends. 18 (3) Nothing prevents a notice of intention to leave under 19 subsection (2)(g) being given at any time before the end of the 20 term of the fixed term agreement. 21 332 Handover day for notice of intention to leave for 22 moveable dwelling premises 23 (1) This section applies only to notices of intention to leave given 24 for moveable dwelling premises. 25 (2) If the tenancy is not a short tenancy (moveable dwelling) the 26 handover day for a notice of intention to leave must not be 27 earlier than-- 28 (a) if the notice is given because of an unremedied 29 breach--2 days after the notice is given; or 30 Page 218

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 333] (b) if the notice is given because of noncompliance (tribunal 1 order)--7 days after the notice is given; or 2 (c) if the notice is given because of non-livability--the day 3 the notice is given; or 4 (d) if the notice is given because of compulsory 5 acquisition--2 weeks after the notice is given; or 6 (e) if the notice is given because of intention to sell--2 7 weeks after the notice is given; or 8 (f) if the notice is given without ground for a periodic 9 agreement--2 weeks after the notice is given; or 10 (g) if the notice is given without ground for a fixed term 11 agreement--the later of-- 12 (i) 14 days after the notice is given; or 13 (ii) the day the term of the agreement ends. 14 (3) Nothing prevents a notice of intention to leave under 15 subsection (2)(g) being given at any time before the end of the 16 term of the fixed term agreement. 17 (4) If the tenancy is a short tenancy (moveable dwelling), the 18 handover day for a notice of intention to leave must not be 19 earlier than-- 20 (a) if paragraph (b) does not apply--1 day after the notice is 21 given; or 22 (b) if the notice is given because of non-livability--the day 23 the notice is given. 24 333 Withdrawing notice to leave for unremedied breach 25 (1) The lessor may withdraw a notice to leave for an unremedied 26 breach given by the lessor if the tenant remedies the breach. 27 (2) The withdrawal-- 28 (a) must be made before the handover day; and 29 (b) must be made by written notice given to the tenant; and 30 Page 219

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 334] (c) may be made only with the tenant's written agreement. 1 (3) On the withdrawal of a notice to leave under this section, the 2 tenancy continues as if the notice to leave had not been given. 3 334 Withdrawing notice of intention to leave 4 (1) The tenant may withdraw a notice of intention to leave the 5 premises given by the tenant to the lessor. 6 (2) However, the withdrawal-- 7 (a) must be made before the handover day; and 8 (b) may be made only with the lessor's written agreement. 9 335 Applications for termination orders 10 (1) An application may be made to a tribunal for a termination 11 order by the lessor without giving a notice to leave the 12 premises to the tenant if the application is made because of 13 any of the following-- 14 (a) failure to leave as intended; 15 (b) excessive hardship; 16 (c) damage; 17 (d) injury; 18 (e) objectionable behaviour; 19 (f) incompatibility; 20 (g) repeated breaches. 21 (2) An application may be made to a tribunal for a termination 22 order by the tenant without giving a notice of intention to 23 leave the premises to the lessor if the application is made 24 because of any of the following-- 25 (a) the matter mentioned in section 309; 26 (b) excessive hardship; 27 (c) injury; 28 Page 220

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 336] (d) damage; 1 (e) objectionable behaviour; 2 (f) incompatibility; 3 (g) repeated breaches. 4 336 Applications to tribunal 5 A tribunal may consider an application made to it under 6 division 2 or 3 only if it is satisfied the applicant is entitled to 7 make the application. 8 Division 6 Orders of tribunal 9 337 Failure to leave for unremedied breach 10 (1) This section applies if-- 11 (a) an application is made to a tribunal for a termination 12 order because of a failure to leave; and 13 (b) the notice to leave was given because of an unremedied 14 breach. 15 (2) The tribunal may make the order if it is satisfied-- 16 (a) the lessor has established the ground of the application 17 and notice to leave; and 18 (b) the tenant committed the breach of the agreement stated 19 in the notice to remedy breach about which the notice to 20 leave was given; and 21 (c) the breach justifies terminating the agreement. 22 (3) In deciding if the breach justifies terminating the agreement, 23 the tribunal may have regard to-- 24 (a) the seriousness of the breach; and 25 (b) any steps taken by the tenant to remedy the breach; and 26 Page 221

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 338] (c) whether the breach was recurrent and, if it was 1 recurrent, the frequency of the recurrences; and 2 (d) the detriment caused, or likely to be caused, to the lessor 3 by the breach; and 4 (e) whether the lessor has acted reasonably about the 5 breach; and 6 (f) any other issues it considers appropriate. 7 (4) Subsection (3) does not limit the issues to which the tribunal 8 may have regard. 9 338 Failure to leave for noncompliance (tribunal order) 10 (1) This section applies if-- 11 (a) an application is made to a tribunal for a termination 12 order because of a failure to leave; and 13 (b) the notice to leave was given because of noncompliance 14 (tribunal order). 15 (2) The tribunal may make the order if it is satisfied-- 16 (a) the lessor has established the ground of the application 17 and notice to leave; and 18 (b) it is appropriate to make the order. 19 339 Failure to leave for noncompliance (moveable dwelling 20 relocation) 21 (1) This section applies if-- 22 (a) an application is made to a tribunal for a termination 23 order because of a failure to leave; and 24 (b) the notice to leave was given because of noncompliance 25 (moveable dwelling relocation). 26 (2) The tribunal may make the order if it-- 27 Page 222

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 340] (a) is satisfied the lessor has established the ground of the 1 application, notice to leave and notice to relocate; and 2 (b) considers it is appropriate to make the order. 3 340 Failure to leave for other grounds 4 (1) This section applies if-- 5 (a) an application is made to a tribunal for a termination 6 order because of a failure to leave; and 7 (b) the notice to leave was given because of any of the 8 following-- 9 (i) non-livability; 10 (ii) compulsory acquisition; 11 (iii) sale contract; 12 (iv) voluntary park closure; 13 (v) compulsory park closure; 14 (vi) employment termination; 15 (vii) ending of accommodation assistance. 16 (2) The tribunal may make the order if it is satisfied the lessor has 17 established the ground of the application and notice to leave. 18 341 Failure to leave without ground 19 (1) This section applies if-- 20 (a) an application is made to a tribunal for a termination 21 order because of a failure to leave; and 22 (b) the notice to leave was given without ground. 23 (2) The tribunal may make the order if it is satisfied it is 24 appropriate to make the order. 25 Page 223

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 342] 342 Failure to leave as intended 1 If an application is made to a tribunal for a termination order 2 because of a failure to leave as intended, the tribunal may 3 make the order if it is satisfied the lessor has established the 4 ground of the application. 5 343 Excessive hardship 6 If an application is made to a tribunal for a termination order 7 because of excessive hardship, the tribunal may make the 8 order if it is satisfied the applicant has established the ground 9 of the application. 10 344 Damage or injury 11 (1) If an application is made to a tribunal for a termination order 12 because of damage or injury, the tribunal may make the order 13 if it is satisfied the applicant has established the ground of the 14 application. 15 (2) If the application is made because of injury by the domestic 16 associate of the tenant or a cotenant whose domestic associate 17 is the other, or another, cotenant, in deciding the application 18 the tribunal must have regard to the following issues (the 19 domestic violence issues)-- 20 (a) whether the applicant has applied for a domestic 21 violence order against the applicant's domestic 22 associate; 23 (b) if an application was made--whether a domestic 24 violence order was made and, if made, whether it is in 25 force; 26 (c) if a domestic violence order is in force--whether a 27 condition was imposed prohibiting the applicant's 28 domestic associate from entering, or remaining in, the 29 premises. 30 (3) Subsection (2) does not limit the issues to which the tribunal 31 may have regard. 32 Page 224

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 345] (4) In this section-- 1 domestic associate means a person in any of the following 2 relationships-- 3 (a) a spousal relationship; 4 (b) an intimate personal relationship; 5 (c) a family relationship; 6 (d) an informal care relationship. 7 (5) A term used in subsection (4)(a) to (d) has the same meaning 8 as in the Domestic and Family Violence Protection Act 1989 9 and a reference in that Act to a court deciding whether a 10 relationship exists includes a reference to the tribunal 11 deciding that issue for this section. 12 345 Objectionable behaviour 13 (1) If an application is made to a tribunal for a termination order 14 because of objectionable behaviour, the tribunal may make 15 the order if it is satisfied-- 16 (a) the applicant has established the ground of the 17 application; and 18 (b) the behaviour justifies terminating the agreement. 19 (2) In deciding if the behaviour justifies terminating the 20 agreement, the tribunal may have regard to-- 21 (a) whether the behaviour was recurrent and, if it was 22 recurrent, the frequency of the recurrences; and 23 (b) for behaviour in the form of harassment, intimidation or 24 verbal abuse--its seriousness. 25 (3) Subsection (2) does not limit the issues to which the tribunal 26 may have regard. 27 Page 225

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 346] 346 Incompatibility 1 If an application is made to a tribunal for a termination order 2 because of incompatibility, the tribunal may make the order if 3 it is satisfied the applicant has established the ground of the 4 application. 5 347 Repeated breaches 6 (1) If an application is made to a tribunal for a termination order 7 because of repeated breaches, the tribunal may make the order 8 if it is satisfied-- 9 (a) the applicant has established the ground of the 10 application; and 11 (b) the person in relation to whom the order is sought 12 committed each breach stated in the 2 notices to remedy 13 breach on which the application is based. 14 (2) In deciding the application, the tribunal must have regard to 15 the following-- 16 (a) the seriousness of each breach associated with the 17 application, having regard to the extent of any 18 inconvenience or financial or other disadvantage 19 suffered by the applicant; 20 (b) the period for which the tenancy has been in existence; 21 (c) the period in which the breaches were committed; 22 (d) for a fixed term agreement--the remaining period of the 23 tenancy; 24 (e) anything else the tribunal considers relevant. 25 348 Interim order about damage or injury 26 If an application is made to a tribunal for an order to restrain a 27 party from causing damage or injury, the tribunal-- 28 (a) may make the order if it is satisfied it is appropriate to 29 make the order; and 30 Page 226

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 349] (b) for supporting the order, may make an order restraining 1 the party from entering premises. 2 349 Defects in notices 3 (1) If an application is made to a tribunal by a lessor for a 4 termination order because of a failure to leave, the tribunal 5 may make the order if it is satisfied it is appropriate to make 6 the order in all the circumstances of the case, even though the 7 notice to leave contains a defect. 8 (2) If an application is made to a tribunal about a notice of 9 intention to leave, the tribunal may make any order it is 10 satisfied it is appropriate to make in all the circumstances of 11 the case, even though the notice contains a defect. 12 Editor's notes-- 13 See section 326 (Notice to leave) for requirements for the notice. 14 See section 327 (Notice of intention to leave) for requirements for the 15 notice. 16 Division 7 Recovery of possession of 17 premises 18 350 Issue of warrant of possession 19 (1) If a tribunal makes a termination order on an application made 20 other than by a tenant, it also must issue a warrant of 21 possession. 22 (2) If the termination order is made on an application made 23 because of excessive hardship, as well as issuing the warrant 24 of possession, the tribunal may make any other order it 25 Page 227

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 351] considers appropriate including, for example, an order that the 1 applicant pay compensation to the other party to the 2 agreement for the other party's loss of the tenancy. 3 351 Warrant of possession 4 (1) A warrant of possession must-- 5 (a) authorise a police officer, or a stated authorised person, 6 to enter the premises and give possession of the 7 premises to the person in whose favour the termination 8 order was made; and 9 (b) authorise the person to whom the warrant is directed to 10 exercise the powers under the warrant with necessary 11 and reasonable help and force; and 12 (c) state the hours of the day when entry may be made; and 13 (d) state the day the warrant ends. 14 (2) The registrar must give written notice of the issue of a warrant 15 of possession to the former tenant as soon as practicable after 16 the warrant is issued. 17 (3) If the registrar can not comply with subsection (2) after 18 reasonable efforts (whether before or after the warrant is 19 executed), the validity of the warrant is not affected merely 20 because of the noncompliance. 21 (4) A warrant of possession takes effect on the day stated in the 22 warrant for it to take effect and ends-- 23 (a) if paragraph (b) does not apply--14 days after it takes 24 effect; or 25 (b) if the tribunal is satisfied that, because of special 26 circumstances, the warrant should continue until a later 27 day stated in the warrant--on the later day. 28 Examples of special circumstances under subsection (4)(b)-- 29 1 natural disasters, including floods, affecting the area in which the 30 premises are located 31 2 the remoteness of the premises 32 Page 228

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 352] (5) However, the day on which the warrant takes effect must not 1 be later than 3 business days after it is issued. 2 (6) If a warrant of possession (the original warrant) is lost or 3 destroyed before it ends, the registrar may issue a copy of the 4 warrant. 5 (7) A copy of a warrant issued under subsection (6)-- 6 (a) has effect as if it were the original warrant; and 7 (b) is taken to have been issued when the original warrant 8 was issued; and 9 (c) ends when the original warrant ends. 10 352 Execution of warrant of possession 11 The person to whom a warrant of possession is directed may 12 exercise the powers under the warrant in the way stated in the 13 warrant. 14 353 Way of recovering possession of premises 15 (1) This section applies to premises in the possession of a 16 person-- 17 (a) as the tenant under an agreement; or 18 (b) as the former tenant under an agreement holding over 19 after termination of the agreement. 20 (2) A person must not recover possession of the premises other 21 than in a way authorised under this Act. 22 Maximum penalty for subsection (2)--50 penalty units. 23 354 Obstruction of person executing warrant of possession 24 A person must not obstruct a person in the exercise of a power 25 under a warrant of possession, unless the person has a 26 reasonable excuse. 27 Maximum penalty--50 penalty units. 28 Page 229

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 355] Division 8 Abandonment 1 355 Termination of agreement by lessor if premises 2 abandoned 3 (1) If the lessor believes on reasonable grounds that the tenant has 4 abandoned the premises, the lessor may give a notice 5 (abandonment termination notice) to the tenant terminating 6 the agreement. 7 (2) The notice must be in the approved form. 8 (3) The approved form must provide for the notice-- 9 (a) to be signed by or for the lessor; and 10 (b) to identify the premises; and 11 (c) to state the lessor is terminating the agreement because 12 the tenant has abandoned the premises. 13 (4) If the tenant does not take action under section 356 about the 14 notice within 7 days after receiving the notice, the tenant is 15 taken to have abandoned the premises. 16 (5) For subsection (1), reasonable grounds include the 17 following-- 18 (a) a failure of the tenant to pay rent under the agreement; 19 (b) the presence at the premises of uncollected mail, 20 newspapers or other material; 21 (c) reports from neighbours of the tenant or from other 22 persons indicating the tenant has abandoned the 23 premises; 24 (d) the absence of household goods at the premises; 25 (e) the disconnection of services (including gas, electricity 26 and telephone) to the premises; 27 (f) a failure of the tenant to respond to an entry notice. 28 Page 230

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 356] 356 Dispute about abandonment termination notice 1 (1) If the tenant disputes an abandonment termination notice, the 2 tenant may apply to a tribunal for an order-- 3 (a) setting aside the notice; or 4 (b) for compensation. 5 (2) The application must be made within 28 days after the notice 6 is given. 7 (3) On an application under this section, the tribunal may-- 8 (a) if the application was made within 7 days after the 9 notice was given--make an order setting aside the 10 notice; or 11 (b) if paragraph (a) does not apply--make any of the 12 following orders-- 13 (i) an order terminating the agreement; 14 (ii) an order requiring the lessor to pay to the tenant 15 the amount stated by the tribunal as compensation 16 for loss or expense incurred by the tenant because 17 of the termination of the agreement; 18 (iii) any other order it considers appropriate. 19 357 Order about abandonment 20 (1) If the lessor believes on reasonable grounds that the tenant has 21 abandoned the premises, the lessor may apply to a tribunal for 22 an order under this section. 23 (2) The application may be decided by a tribunal or registrar. 24 (3) The lessor may make the application instead of giving an 25 abandonment termination notice to the tenant. 26 (4) If an application is made, a tribunal or registrar may make an 27 order declaring that the premises were abandoned by the 28 tenant on the day stated in the order. 29 Page 231

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 358] (5) If the tribunal or registrar makes an order under subsection 1 (4), the tenant is taken to have abandoned the premises on the 2 day stated in the order. 3 (6) In deciding whether to make the order, the tribunal or registrar 4 may have regard to the following-- 5 (a) a failure of the tenant to pay rent under the agreement; 6 (b) any presence at the premises of uncollected mail, 7 newspapers or other material; 8 (c) any reports from neighbours of the tenant or from other 9 persons indicating the tenant has abandoned the 10 premises; 11 (d) any disconnection of services (including gas, electricity 12 and telephone) to the premises; 13 (e) any absence from the premises of household goods; 14 (f) a failure of the tenant to respond to an entry notice for 15 the premises; 16 (g) anything else the tribunal or registrar considers relevant. 17 Editor's note-- 18 Under section 361 (Review of abandonment order) a former tenant may 19 apply to a tribunal for a review of a decision of a registrar or tribunal 20 declaring the person abandoned premises on a stated day. 21 Division 9 Compensation 22 358 Tenant remaining in possession 23 (1) If a tenant fails to hand over vacant possession of premises 24 after a termination order is made by a tribunal, the lessor is 25 entitled to receive from the tenant-- 26 (a) compensation for any loss or expense incurred by the 27 lessor by the failure; and 28 (b) an occupation fee equal to the amount of rent that would 29 have been payable by the tenant for the premises for the 30 Page 232

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 359] period the tenant remains in possession after termination 1 of the agreement. 2 (2) If an application is made to a tribunal under this section by the 3 lessor, the tribunal may make an order requiring the tenant to 4 pay to the lessor the following amounts-- 5 (a) the amount it considers the lessor is entitled to receive 6 for compensation; 7 (b) the amount it considers the lessor is entitled to receive 8 for the occupation fee. 9 359 Compensation on abandonment termination notice 10 (1) If an agreement is terminated by the giving of an 11 abandonment termination notice to the tenant, the lessor may 12 apply to a tribunal for an order for compensation. 13 (2) If an application is made by the lessor, a tribunal may make an 14 order requiring the tenant to pay to the lessor an amount it 15 considers appropriate as compensation for any loss (including 16 loss of rent) or expense incurred by the lessor by the 17 abandonment. 18 360 Compensation on termination by tribunal 19 If a tribunal or registrar makes an order declaring that 20 premises were abandoned by the tenant under an agreement, 21 the tribunal may make an order requiring the tenant to pay to 22 the lessor an amount it considers appropriate as compensation 23 for any loss (including loss of rent) or expense incurred by the 24 lessor by the abandonment. 25 361 Review of abandonment order 26 (1) The former tenant under an agreement who is dissatisfied with 27 a decision of a tribunal or registrar declaring that the person 28 abandoned the premises on a stated day may apply to a 29 tribunal for a review of the decision. 30 Page 233

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 362] (2) The application must be made within 28 days after the 1 decision is made. 2 (3) The review is to be by way of a rehearing. 3 (4) The tribunal may make an order under this section if it is 4 satisfied the applicant did not abandon the premises or only 5 abandoned the premises on a day after the day stated. 6 (5) The order the tribunal may make is an order requiring the 7 former lessor under the agreement to pay to the applicant an 8 amount the tribunal considers appropriate as compensation for 9 any loss or expense incurred by the applicant by the 10 termination of the agreement. 11 362 Duty to mitigate loss or expense 12 (1) This section applies to the lessor if the lessor incurs loss or 13 expense because of-- 14 (a) the tenant's failure to hand over vacant possession of the 15 premises after a termination order is made by a tribunal; 16 or 17 (b) the tenant's abandonment of the premises; or 18 (c) another act or omission of the tenant. 19 (2) This section applies to the tenant if the tenant-- 20 (a) incurs loss or expense because of an order made by a 21 tribunal or registrar declaring that the tenant abandoned 22 the premises on a stated day; and 23 (b) contends that the premises were not abandoned or were 24 only abandoned on a day after the day stated. 25 (3) The lessor or tenant-- 26 (a) must take all reasonable steps to mitigate the loss or 27 expense; and 28 (b) is not entitled to receive compensation for any loss or 29 expense that could have been avoided by taking the 30 steps. 31 Page 234

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 363] Division 10 Goods and documents left behind 1 on premises 2 363 Goods left on premises 3 (1) This section applies if-- 4 (a) an agreement ends; and 5 (b) goods that are not personal documents or money are left 6 on the premises. 7 (2) The person who was the lessor (the former lessor) may sell 8 the goods, or dispose of them in another way, if the former 9 lessor believes on reasonable grounds that-- 10 (a) the market value of the goods is less than the amount 11 prescribed under a regulation; or 12 (b) storage of the goods-- 13 (i) would be unhealthy or unsafe; or 14 (ii) would cause the market value of the goods to be 15 completely or substantially depreciated; or 16 (c) the cost of removing, storing and selling the goods 17 would be more than the proceeds of the sale of the 18 goods. 19 (3) If subsection (2) does not apply, the former lessor must store 20 the goods safely for the period prescribed under a regulation 21 (the storage period). 22 (4) If, at the end of the storage period, the goods have not been 23 reclaimed, the former lessor may-- 24 (a) sell the goods by auction; or 25 (b) if, on an application made to a tribunal by the former 26 lessor, the tribunal makes an order authorising the sale 27 or disposal of the goods--sell or dispose of the goods 28 under the order. 29 Page 235

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 363] (5) For subsection (4)(a), if procedures for selling goods by 1 auction are prescribed under a regulation, the former lessor 2 must sell the goods under the procedures. 3 (6) The former lessor or the former lessor's agent must not sell or 4 dispose of the goods except as provided under subsections (2), 5 (4) and (5), unless the former lessor or agent has a reasonable 6 excuse. 7 Maximum penalty--40 penalty units. 8 (7) If, before the goods are disposed of, the person entitled to the 9 goods (the owner) claims possession of them by written 10 notice given to the former lessor or the former lessor's agent, 11 the former lessor or agent must let the owner reclaim 12 possession of the goods on paying the reasonable removal and 13 storage costs to the former lessor or agent. 14 Maximum penalty--40 penalty units. 15 (8) If the former lessor sells the goods, the former lessor-- 16 (a) may keep out of the proceeds of the sale the reasonable 17 costs of removing, storing and selling the goods; and 18 (b) must pay any balance to the public trustee within 10 19 days after the sale. 20 (9) The public trustee must pay the balance into the unclaimed 21 moneys fund (the fund) kept under the Public Trustee Act 22 1978. 23 (10) If, on application made to a tribunal by the former lessor, the 24 tribunal is satisfied an amount (the owed amount) is owed to 25 the former lessor by the tenant under the agreement, the 26 tribunal may make an order conferring on the lessor an 27 entitlement to receive an amount in the fund (the fund 28 amount) that is equal to the smaller of the following 29 amounts-- 30 (a) the owed amount; 31 (b) the balance paid to the public trustee under subsection 32 (8). 33 Page 236

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 364] (11) The former lessor or the former lessor's agent does not incur 1 any liability for removing, selling or disposing of the goods if 2 the former lessor or agent acts under this section without 3 negligence. 4 (12) A person who acquires the goods (whether as buyer or in 5 another way) acquires a good title to the goods, and the 6 interest of anyone else in the goods ends, unless the person 7 acquiring the goods did not act honestly. 8 364 Documents left on premises 9 (1) This section applies if-- 10 (a) an agreement ends; and 11 (b) a document is left at the premises. 12 (2) The person who was the lessor (the former lessor) or who is 13 the former lessor's agent must, within the required period-- 14 (a) if the former lessor or agent knows the former tenant is 15 the owner of the document--give the document to the 16 former tenant; or 17 (b) if the former lessor or agent knows the former tenant is 18 not the owner of the document and knows who the 19 owner of the document is--give the document to the 20 owner; or 21 (c) if neither paragraph (a) nor paragraph (b) applies--give 22 the document to the public trustee. 23 Maximum penalty--10 penalty units. 24 (3) Despite subsection (2)(a) and (b), if the former lessor or the 25 former lessor's agent does not know where the former tenant 26 or owner is, the former lessor or agent must, within the 27 required period, give the document to the public trustee. 28 Maximum penalty--10 penalty units. 29 (4) Money given to the public trustee under subsection (3) must 30 be dealt with under the Public Trustee Act 1978 as unclaimed 31 moneys. 32 Page 237

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 1 Ending of residential tenancy agreements [s 365] (5) A personal document given to the public trustee under 1 subsection (3)-- 2 (a) must be retained by the public trustee for at least 6 3 months, unless reclaimed by the owner; and 4 (b) at the end of the 6 months, may be disposed of by the 5 public trustee in any way the public trustee considers 6 appropriate. 7 (6) In this section-- 8 document means a personal document or money. 9 required period means the period ending 7 days after the first 10 of the following to happen-- 11 (a) the agreement ends; 12 (b) the person finds the document. 13 365 Application about goods left on premises 14 (1) This section applies if an interested person is dissatisfied with 15 the way a former lessor dealt with, or is dealing with, goods 16 left on premises after a residential tenancy agreement for the 17 premises ended. 18 (2) The interested person may apply to a tribunal for an order 19 under this section. 20 (3) On an application under this section, the tribunal may-- 21 (a) make an order requiring the former lessor to pay to the 22 interested person an amount it considers appropriate as 23 compensation for any loss or expense incurred by the 24 interested person because of the former lessor's action 25 in dealing with the goods; or 26 (b) make any other order it considers appropriate. 27 (4) In this section-- 28 interested person means-- 29 (a) the former tenant under an agreement; or 30 Page 238

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 366] (b) a person, other than the former tenant under an 1 agreement, who is the owner of goods left on premises 2 to which a residential tenancy agreement applied. 3 Part 2 Ending of rooming 4 accommodation agreements 5 Division 1 General 6 366 Ending of rooming accommodation agreements 7 (1) A rooming accommodation agreement ends only in a way 8 mentioned in this section. 9 (2) A rooming accommodation agreement ends by written 10 agreement of the provider and resident. 11 (3) If a provider gives a resident a notice under this part requiring 12 the resident to leave the rental premises by a stated day-- 13 (a) the agreement ends on the stated day if the resident 14 leaves on or before that day; or 15 (b) otherwise, the agreement ends on the day the resident 16 leaves. 17 (4) If a party to a rooming accommodation agreement gives a 18 notice under this part terminating the agreement on a stated 19 day, the agreement ends on the stated day. 20 (5) A rooming accommodation agreement ends if the resident has 21 abandoned the resident's room and the period for which the 22 rent has been paid has ended. 23 Editor's note-- 24 See section 509 (Indications a resident has abandoned a room). 25 Page 239

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 367] (6) A rooming accommodation agreement ends if, after receiving 1 a notice from a mortgagee under section 384, the resident 2 vacates, or is removed from, the premises. 3 (7) If a sole resident dies, the rooming accommodation agreement 4 ends on the earliest of the following-- 5 (a) 7 days after the resident's personal representative or 6 relative gives the provider or provider's agent written 7 notice that the agreement ends because of the resident's 8 death; 9 (b) 7 days after the provider or provider's agent gives the 10 resident's personal representative or relative written 11 notice that the agreement ends because of the resident's 12 death; 13 (c) the day agreed between the provider or provider's agent 14 and the resident's personal representative or relative; 15 (d) the day decided by the tribunal on application by the 16 provider or provider's agent. 17 (8) However, if no notice is given, or agreement or application 18 made, under subsection (7), the rooming accommodation 19 agreement ends 2 weeks after the resident's death. 20 (9) Nothing prevents the withdrawal of a notice or application 21 under subsection (7) so that a day may be agreed under 22 subsection (7)(c). 23 (10) A rooming accommodation agreement ends if the tribunal 24 makes an order terminating the agreement. 25 367 Purporting to terminate agreement in unauthorised way 26 A person must not purport to terminate a rooming 27 accommodation agreement other than in a way the agreement 28 may be terminated under this part. 29 Maximum penalty--40 penalty units. 30 Page 240

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 368] Division 2 Action by provider 1 Subdivision 1 Notices to remedy breach given by 2 provider 3 368 Notice to remedy resident's breach 4 (1) This section applies if a provider reasonably believes that a 5 resident has breached the rooming accommodation agreement 6 and that the breach has not been remedied. 7 (2) The provider may give the resident a notice requiring the 8 resident to remedy the breach. 9 (3) The notice must-- 10 (a) be in the approved form; and 11 (b) give particulars of the breach; and 12 (c) state the day (the due day) by which the resident must 13 remedy the breach; and 14 (d) be signed by the provider. 15 (4) The notice may also state the steps that the provider 16 reasonably believes are necessary to remedy the breach or 17 avoid a further breach of the rooming accommodation 18 agreement. 19 (5) The due day must not be earlier than-- 20 (a) if the breach is nonpayment of rent and, at the time the 21 rent was due, the resident had been a resident of the 22 rental premises for less than 28 days--2 days after the 23 notice is given; or 24 (b) if the breach is nonpayment of rent and paragraph (a) 25 does not apply--4 days after the notice is given; or 26 (c) otherwise--5 days after the notice is given. 27 (6) This section does not apply to a breach comprising 28 nonpayment of rent if-- 29 Page 241

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 369] (a) when the rent was due, the resident had been a resident 1 of the rental premises for at least 28 days; and 2 (b) the rent has remained unpaid in breach of the agreement 3 for less than 2 days. 4 Subdivision 2 Notices to leave given by provider 5 369 Notice to leave because of failure to remedy breach 6 (1) A provider may give to a resident a notice requiring the 7 resident to leave the rental premises if-- 8 (a) the provider reasonably believes the resident has 9 breached the rooming accommodation agreement; and 10 (b) the provider has given the resident a notice under 11 section 368 requiring the resident to remedy the breach 12 by a stated due day; and 13 (c) the due day has passed; and 14 (d) the provider reasonably believes that-- 15 (i) the breach has not been remedied; or 16 (ii) after the notice was given and before the due day, 17 the resident repeated the breach and has not 18 remedied the repeated breach. 19 (2) The notice must-- 20 (a) be in the approved form; and 21 (b) state why the resident is being required to leave the 22 premises; and 23 (c) state the day by which the resident must leave the 24 premises; and 25 (d) be signed by the provider. 26 (3) If the breach is nonpayment of rent and, at the time the rent 27 was due, the resident had been a resident of the rental 28 Page 242

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 370] premises for less than 28 days, the resident may be required to 1 leave immediately. 2 (4) Otherwise, the day by which the resident is required to leave 3 the premises must not be less than-- 4 (a) if the breach is nonpayment of rent--4 days after the 5 notice is given; or 6 (b) otherwise--2 days after the notice is given. 7 (5) The provider may withdraw the notice at any time before the 8 resident leaves. 9 370 Notice to leave immediately because of serious breach 10 (1) A provider may give to a resident a written notice requiring 11 the resident to leave the rental premises immediately if the 12 provider reasonably believes-- 13 (a) the resident has used the resident's room or common 14 areas for an illegal purpose; or 15 (b) the resident, or a guest of the resident, has intentionally 16 or recklessly-- 17 (i) destroyed or seriously damaged a part of the rental 18 premises or a facility in the rental premises; or 19 (ii) endangered another person in the rental premises; 20 or 21 (iii) significantly interfered with the reasonable peace, 22 comfort or privacy of another resident or another 23 resident's appropriate use of the other resident's 24 room or common areas. 25 (2) The notice must-- 26 (a) state why the resident is being required to leave the 27 premises; and 28 (b) be signed by the provider. 29 Page 243

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 371] 371 Notice to leave if premises destroyed etc. 1 (1) A provider may give to a resident a notice requiring the 2 resident to leave the rental premises because the premises-- 3 (a) have been destroyed, or made completely or partly unfit 4 to live in, other than because of a breach of the rooming 5 accommodation agreement by the provider; or 6 (b) no longer may be used lawfully as a residence; or 7 (c) have been appropriated or acquired compulsorily under 8 a law. 9 (2) The notice may only be given within 1 month after the 10 happening of the event mentioned in subsection (1). 11 (3) The notice must-- 12 (a) be in the approved form; and 13 (b) state why the resident is being required to leave the 14 premises; and 15 (c) state the day by which the resident must leave the 16 premises; and 17 (d) be signed by the provider. 18 (4) If the notice is given under subsection (1)(a) or (b), the 19 resident may be required to leave immediately. 20 (5) If the notice is given under subsection (1)(c), the day by which 21 the resident must leave the premises must not be less than 2 22 months after the notice is given. 23 372 Terminating of agreement by provider without ground 24 (1) A provider may terminate a periodic agreement by giving at 25 least 30 days written notice to the resident. 26 (2) A provider may terminate a fixed term agreement by giving 27 the resident a notice stating the day, not before the end of the 28 term and not less than 14 days after the notice is given, on 29 which the agreement ends. 30 Page 244

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 373] (3) A notice under this section must state the day the resident is 1 required to leave the rental premises. 2 (4) However, the provider may not give a notice to a resident 3 under this section because-- 4 (a) the resident has applied, or is proposing to apply, to a 5 tribunal for an order under this Act; or 6 (b) the resident has complained to a government entity 7 about an act or omission of the provider adversely 8 affecting the resident or another resident of the rental 9 premises; or 10 (c) the resident has taken some other action to enforce the 11 resident's rights or the rights of another resident of the 12 rental premises; or 13 (d) an order of a tribunal is in force relating to the provider 14 and resident. 15 (5) Also, the provider may not give a notice to a resident under 16 this section if the giving of the notice constitutes taking 17 retaliatory action against the resident. 18 373 Application to tribunal about terminating agreement 19 without ground 20 (1) This section applies if-- 21 (a) the resident is given a notice terminating an agreement 22 without ground; and 23 (b) the resident reasonably believes the notice was given in 24 contravention of section 372. 25 (2) The resident may apply to a tribunal for an order to set aside 26 the notice. 27 (3) The application must be made within 2 weeks after the notice 28 was given. 29 (4) On an application under this section, the tribunal may make 30 the order sought if it is satisfied the notice was given in 31 contravention of section 372. 32 Page 245

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 374] 374 Notice to leave if resident's employment ends or 1 entitlement to occupy under employment ends 2 (1) A provider may give to a resident a notice requiring the 3 resident to leave the rental premises if-- 4 (a) the resident occupies the rental premises under the 5 resident's terms of employment; and 6 (b) either-- 7 (i) the resident's employment ends; or 8 (ii) the resident's entitlement to occupy the rental 9 premises ends under the resident's terms of 10 employment. 11 (2) The notice must-- 12 (a) be in the approved form; and 13 (b) state why the resident is being required to leave the 14 premises; and 15 (c) state the day by which the resident must leave the 16 premises; and 17 (d) be signed by the provider. 18 (3) The day by which the resident must leave the premises must 19 not be less than 1 month after the notice is given. 20 (4) This section applies subject to an industrial award or 21 agreement or contract of employment. 22 375 Power to remove resident 23 (1) This section applies if-- 24 (a) a provider has given a resident a notice under this part 25 requiring the resident to leave the rental premises and 26 the due day for leaving has passed; or 27 (b) a provider has given a resident a notice under this part 28 terminating the rooming accommodation agreement and 29 the agreement has ended. 30 Page 246

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 376] (2) If the resident refuses to leave the premises, it is lawful for the 1 provider and anyone helping the provider to use necessary and 2 reasonable force to remove the resident and the resident's 3 property from the rental premises. 4 (3) However, the provider or someone helping the provider may 5 use force under subsection (2) only while a police officer is 6 present. 7 Editor's note-- 8 See the Police Powers and Responsibilities Act 2000, section 611 9 (Attendance at rental premises while person or property is removed). 10 (4) For exercising a power under subsection (2), the provider or 11 other person may enter the resident's room. 12 (5) The force that may be used under subsection (2) does not 13 include force that is likely to cause bodily harm to the resident 14 or damage the resident's property. 15 (6) In this section-- 16 bodily harm means any bodily injury that interferes with 17 health or comfort. 18 due day, for leaving rental premises, means-- 19 (a) for a notice requiring a resident to leave by a stated 20 day--the stated day; or 21 (b) for a notice requiring a resident to leave 22 immediately--the day on which the notice is given. 23 Subdivision 3 Applications for termination by 24 provider 25 376 Application by provider for termination for repeated 26 breaches by resident 27 (1) This section applies if-- 28 Page 247

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 377] (a) the provider gives 2 notices to remedy breach to the 1 resident for breaches of a particular provision in relation 2 to the agreement; and 3 (b) each notice relates to a separate breach of the particular 4 provision; and 5 (c) the resident remedies each breach within the relevant 6 allowed remedy period; and 7 (d) the resident commits a further breach of the particular 8 provision after the breaches mentioned in paragraph (a); 9 and 10 (e) all breaches happen within the period prescribed under a 11 regulation for this section. 12 (2) The provider may apply to a tribunal for a termination order. 13 (3) An application under this section is called an application 14 made because of repeated breaches. 15 (4) In this section-- 16 provision means-- 17 (a) a provision of section 253, other than paragraph (i); or 18 (b) a provision of an agreement providing for the payment 19 of rent. 20 Editor's note-- 21 See sections 335(1) (Applications for termination orders) and 347 22 (Repeated breaches) for other provisions about the application. 23 377 Application by provider to terminate fixed term 24 agreement because of excessive hardship 25 (1) The provider under a fixed term agreement may apply to a 26 tribunal for an order terminating the agreement because the 27 applicant would suffer excessive hardship if the agreement 28 were not terminated. 29 (2) The tribunal may make the order if it is satisfied the applicant 30 has established the ground of the application. 31 Page 248

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 378] (3) If the tribunal makes the order, it may also make any other 1 order it considers appropriate including, for example, an order 2 that the applicant pay compensation to the other party. 3 Division 3 Action by resident 4 Subdivision 1 Notices to remedy breach given by 5 resident 6 378 Notice to remedy provider's breach 7 (1) This section applies if a resident reasonably believes that the 8 provider has breached the rooming accommodation 9 agreement and that the breach has not been remedied. 10 (2) The resident may give the provider a notice requiring the 11 provider to remedy the breach. 12 (3) The notice must-- 13 (a) be in the approved form; and 14 (b) give particulars of the breach; and 15 (c) state the day (the due day), not earlier than 5 days after 16 the notice is given, by which the provider must remedy 17 the breach; and 18 (d) be signed by the resident. 19 Page 249

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 379] Subdivision 2 Notices terminating agreement 1 given by resident 2 379 Notice terminating fixed term agreement because of 3 failure to remedy breach 4 (1) A resident under a fixed term agreement may give the 5 provider a notice terminating the agreement before the end of 6 the fixed term if-- 7 (a) the resident reasonably believes the provider has 8 breached the agreement; and 9 (b) the resident has given the provider a notice under 10 section 378 requiring the provider to remedy the breach 11 by a stated due day; and 12 (c) the due day has passed; and 13 (d) the resident reasonably believes that-- 14 (i) the breach has not been remedied; or 15 (ii) after the notice was given and before the due day, 16 the provider repeated the breach and has not 17 remedied the repeated breach. 18 (2) The notice must-- 19 (a) be in the approved form; and 20 (b) state why the resident is terminating the agreement; and 21 (c) state the day, not earlier than 7 days after the notice is 22 given, on which the resident is terminating the 23 agreement; and 24 (d) be signed by the resident. 25 380 Notice terminating agreement if premises destroyed etc. 26 (1) A resident may give the provider a notice terminating the 27 rooming accommodation agreement because the resident's 28 room or common areas have been destroyed, or made 29 Page 250

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 381] completely or partly unfit to live in, other than because of a 1 breach of the rooming accommodation agreement by the 2 resident. 3 (2) The notice may only be given within 1 month after the 4 happening of the event mentioned in subsection (1). 5 (3) The notice must-- 6 (a) be in the approved form; and 7 (b) state why the resident is terminating the agreement; and 8 (c) state the day on which the agreement is ended; and 9 (d) be signed by the resident. 10 (4) The notice may end the agreement immediately. 11 381 Terminating of agreement by resident without ground 12 (1) A resident may terminate a periodic agreement by giving at 13 least 7 days written notice to the provider. 14 (2) A resident may terminate a fixed term agreement by giving 15 the provider a written notice stating the day, not before the end 16 of the term and not less than 7 days after the notice is given, 17 on which the agreement ends. 18 Subdivision 3 Applications for termination by 19 resident 20 382 Application by resident for termination for repeated 21 breaches by provider 22 (1) This section applies if-- 23 (a) the resident gives 2 notices to remedy breach to the 24 provider for breaches of a particular provision in 25 relation to the agreement; and 26 Page 251

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 383] (b) each notice relates to a separate breach of the particular 1 provision; and 2 (c) the provider remedies each breach within the relevant 3 allowed remedy period; and 4 (d) the provider commits a further breach of the particular 5 provision after the breaches mentioned in paragraph (a); 6 and 7 (e) all breaches happen within the period prescribed under a 8 regulation for this section. 9 (2) The resident may apply to a tribunal for a termination order. 10 (3) An application under this section is called an application 11 made because of repeated breaches. 12 (4) In this section-- 13 provision means-- 14 (a) section 247 (Provider's obligations generally); or 15 (b) section 249 (Quiet enjoyment); or 16 (c) section 265 (Unlawful entry of resident's room); or 17 (d) a provision of a section mentioned in paragraphs (a) to 18 (c); or 19 (e) a provision of an agreement providing for the payment 20 of rent. 21 Editor's note-- 22 See sections 335(2) (Applications for termination orders) and 347 23 (Repeated breaches) for other provisions about the application. 24 383 Application by resident to terminate fixed term 25 agreement because of excessive hardship 26 (1) The resident under a fixed term agreement may apply to a 27 tribunal for an order terminating the agreement because the 28 applicant would suffer excessive hardship if the agreement 29 were not terminated. 30 Page 252

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 384] (2) The tribunal may make the order if it is satisfied the applicant 1 has established the ground of the application. 2 (3) If the tribunal makes the order, it may also make any other 3 order it considers appropriate including, for example, an order 4 that the applicant pay compensation to the other party. 5 Division 4 Action by mortgagees 6 384 Notice about proposed action of mortgagee 7 (1) This section applies if-- 8 (a) rental premises are subject to a mortgage; and 9 (b) after the rental premises become subject to the 10 mortgage, a rooming accommodation agreement is 11 entered into for a room in the rental premises; and 12 (c) the mortgagee under the mortgage does not consent to 13 the rooming accommodation agreement; and 14 (d) the mortgagee, or another person appointed under the 15 mortgage (the appointed person), has become entitled 16 to obtain possession of the rental premises. 17 (2) The mortgagee must not obtain possession of the rental 18 premises unless, at least 30 days before obtaining possession, 19 the mortgagee or the appointed person gives the resident 20 notice in the approved form informing the resident that 21 possession is to be obtained. 22 Maximum penalty--50 penalty units. 23 (3) The appointed person must not obtain possession of the rental 24 premises unless, at least 30 days before obtaining possession, 25 the appointed person or mortgagee gives the resident notice in 26 the approved form informing the resident that possession is to 27 be obtained. 28 Maximum penalty--50 penalty units. 29 Page 253

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 385] (4) In this section-- 1 obtain includes take. 2 385 Acceptance of rent does not operate as consent 3 (1) This section applies if-- 4 (a) rental premises are subject to a mortgage; and 5 (b) after the rental premises becomes subject to the 6 mortgage, a rooming accommodation agreement is 7 entered into for the rental premises; and 8 (c) the mortgagee under the mortgage does not consent to 9 the rooming accommodation agreement. 10 (2) If the mortgagee, or another person appointed under the 11 mortgage, makes a demand for, takes a proceeding for the 12 recovery of, or accepts, rent payable under the rooming 13 accommodation agreement, the mortgagee's or person's 14 action does not operate as a consent to the agreement. 15 386 Resident not liable for loss if resident vacates or is 16 removed from premises after receiving notice under s 17 384 18 (1) This section applies if the resident of rental premises is given 19 a notice by a mortgagee under section 384 and vacates, or is 20 removed from, the premises. 21 (2) The resident is not liable for rent or for any other loss or 22 expense incurred by the provider merely because the resident 23 vacates, or is removed from, the rental premises. 24 387 Resident not liable for loss if rent paid to mortgagee 25 (1) This section applies if a mortgagee of rental premises gives 26 the resident written notice that the resident must pay rent to 27 the mortgagee. 28 Page 254

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 388] (2) The resident is not liable for rent or for any other loss or 1 expense incurred by the provider merely because the resident 2 pays rent to the mortgagee. 3 Division 5 Procedural requirements and orders 4 of tribunal 5 388 Applications for termination orders 6 (1) An application may be made to a tribunal for a termination 7 order by the provider without giving a notice to leave the 8 rental premises to the resident if the application is made 9 because of-- 10 (a) excessive hardship; or 11 (b) repeated breaches. 12 (2) An application may be made to a tribunal for a termination 13 order by the resident without giving a notice terminating the 14 agreement to the provider for the rental premises if the 15 application is made because of-- 16 (a) excessive hardship; or 17 (b) repeated breaches. 18 389 Orders relating to repeated breaches 19 (1) If an application is made to a tribunal by the provider or 20 resident for an order to terminate a fixed term agreement 21 because of repeated breaches, the tribunal may make the order 22 if it is satisfied-- 23 (a) the applicant has established the ground of the 24 application; and 25 (b) the person in relation to whom the order is sought 26 committed each breach stated in the 2 notices to remedy 27 breach on which the application is based. 28 Page 255

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 390] (2) In deciding the application, the tribunal must have regard to 1 the following-- 2 (a) the seriousness of each breach associated with the 3 application, having regard to the extent of any 4 inconvenience or financial or other disadvantage 5 suffered by the applicant; 6 (b) the period for which the agreement has been in 7 existence; 8 (c) the period in which the breaches were committed; 9 (d) the remaining period of the agreement; 10 (e) anything else the tribunal considers relevant. 11 Division 6 Goods or money left behind in 12 premises 13 390 Application of div 6 14 This division applies if-- 15 (a) a rooming accommodation agreement ends; and 16 (b) money, a personal document or another item belonging, 17 or apparently belonging, to the former resident (the lost 18 property) is left at the rental premises. 19 391 Unauthorised dealing with lost property 20 The provider or provider's agent must not dispose of, or 21 otherwise deal with, the lost property other than under this 22 division, unless the provider or agent has a reasonable excuse. 23 Maximum penalty--40 penalty units. 24 Page 256

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 392] 392 Personal document or money 1 (1) This section applies if the lost property is a personal document 2 or money. 3 (2) The provider must-- 4 (a) make reasonable efforts to contact the former resident 5 about the property; and 6 (b) store the property safely for at least 28 days, unless it is 7 reclaimed before that time. 8 (3) If, at the end of 28 days, the property has not been reclaimed, 9 the provider must give it to the public trustee. 10 (4) However, if the lost property is money and has not been 11 reclaimed after 28 days, the provider may deduct any 12 outstanding amount owed by the former resident under the 13 rooming accommodation agreement before giving the 14 remainder to the public trustee. 15 393 Item other than personal document or money 16 (1) This section applies if the lost property is not a personal 17 document or money. 18 (2) The provider may sell the property, or dispose of it in another 19 way, if the provider reasonably believes-- 20 (a) it is perishable; or 21 (b) its market value is less than the amount prescribed under 22 a regulation for this subsection; or 23 (c) storage of the goods would be unhealthy or unsafe. 24 (3) Otherwise, the provider must-- 25 (a) make reasonable efforts to contact the former resident 26 about the property; and 27 (b) store the property safely for at least 28 days, unless it is 28 reclaimed within that time. 29 Page 257

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 394] (4) If, at the end of 28 days, the property has not been reclaimed, 1 the provider must-- 2 (a) continue to store the property for the former resident; or 3 (b) sell the property after advertising it in a newspaper 4 circulating generally in the area in which the rental 5 premises are situated. 6 (5) However, if the provider reasonably believes the market value 7 of the property is less than the amount prescribed under a 8 regulation for this subsection, the provider may donate the 9 property to charity instead of selling it under subsection 10 (4)(b). 11 (6) If the person entitled to the property claims it before it is 12 disposed of under this section, and pays the reasonable costs 13 incurred by the provider under this section, the provider must 14 give the property to the person. 15 (7) If the provider sells the property under this section, the 16 proceeds must be applied-- 17 (a) in payment of the reasonable costs incurred by the 18 provider under this section; and 19 (b) in payment of any outstanding amount owed by the 20 former resident under the rooming accommodation 21 agreement; and 22 (c) in payment of any balance-- 23 (i) if the person entitled to the property has been 24 located by the time of the sale--to the person; or 25 (ii) otherwise--to the public trustee. 26 394 Personal document given to public trustee 27 (1) This section applies if a provider gives a personal document to 28 the public trustee under section 392. 29 (2) The public trustee must keep the document for at least 6 30 months, unless it is reclaimed within that time. 31 Page 258

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 5 Ending of agreements Part 2 Ending of rooming accommodation agreements [s 395] (3) If, at the end of the 6 months, the document has not been 1 reclaimed, the public trustee may deal with it in any way the 2 public trustee considers appropriate. 3 395 Money given to public trustee 4 (1) This section applies if a provider gives an amount to the 5 public trustee under section 392 or 393. 6 (2) The public trustee must pay the amount into the unclaimed 7 moneys fund kept under the Public Trustee Act 1978. 8 (3) The public trustee may, on application by the provider, pay an 9 amount to the provider from the fund-- 10 (a) in payment of the reasonable expenses incurred by the 11 provider under this division relating to the lost property; 12 or 13 (b) in payment of any outstanding amount owed by the 14 former resident under the rooming accommodation 15 agreement. 16 (4) On application made to a tribunal by the provider, the tribunal 17 may make an order conferring on the provider an entitlement 18 to receive, from the fund, an amount mentioned in subsection 19 (3)(a) or (b). 20 (5) An amount paid by the public trustee under subsection (3) or 21 an amount to which an order relates under subsection (4) may 22 not be more than the amount given to the public trustee under 23 section 392 or 393. 24 396 Application to tribunal about lost property 25 (1) This section applies if the person entitled to the lost property 26 is dissatisfied with the way the provider has dealt with it or is 27 dealing with it. 28 (2) The person may apply to a tribunal for an order under this 29 section. 30 (3) On an application under this section, the tribunal may-- 31 Page 259

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 397] (a) make an order requiring the provider to pay to the 1 person an amount it considers appropriate as 2 compensation for any loss or expense incurred by the 3 person because of the provider's action in dealing with 4 the property; or 5 (b) make any other order it considers appropriate. 6 Chapter 6 Dispute resolution 7 Part 1 Conciliation process for 8 residential tenancy disputes 9 and rooming accommodation 10 disputes 11 Division 1 Preliminary 12 397 Application of pt 1 13 (1) This part applies if there is an issue in dispute relating to a 14 residential tenancy agreement (a tenancy dispute) and the 15 lessor and tenant have been unable to resolve the dispute 16 through negotiation. 17 (2) This part also applies if there is an issue in dispute relating to 18 a rooming accommodation agreement (a rooming 19 accommodation dispute) and the provider and resident have 20 been unable to resolve the dispute-- 21 (a) through negotiation; or 22 (b) if there is a dispute resolution process operating for the 23 rooming accommodation, by using that process. 24 Page 260

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 398] Division 2 Conciliation 1 398 Conciliation process 2 (1) A conciliation process is a process of conciliation under 3 which the parties are helped and encouraged to achieve a 4 resolution of their dispute. 5 (2) For division 6, a conciliation process includes all the steps 6 involved in the process of conciliation, including, for 7 example-- 8 (a) telephone conferencing; and 9 (b) joint sessions; and 10 (c) private sessions; and 11 (d) another step prescribed under a regulation. 12 399 Some matters not suitable for conciliation 13 (1) The authority may refuse to provide a conciliation service to 14 parties to a dispute about an agreement if the authority 15 considers the dispute is unsuitable for conciliation. 16 Example of a dispute that may be unsuitable for conciliation-- 17 a rooming accommodation dispute about the provision of a food service 18 or a personal care service to the resident under a rooming 19 accommodation agreement 20 (2) The authority must publish guidelines about matters to be 21 taken into account when deciding whether a dispute is 22 unsuitable for conciliation. 23 400 Appointment of conciliators 24 (1) The chief executive officer may appoint conciliators for this 25 Act. 26 (2) The chief executive officer may appoint a person as a 27 conciliator only if the chief executive officer is satisfied the 28 Page 261

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 401] person is qualified for appointment because the person has the 1 necessary expertise or experience. 2 (3) Without limiting subsection (2), the chief executive officer 3 may be satisfied a person has the necessary expertise or 4 experience because the person has satisfactorily completed 5 the training approved by the chief executive officer for this 6 section. 7 401 Functions of conciliators 8 The functions of a conciliator under this Act are-- 9 (a) to encourage the settlement of a dispute by facilitating, 10 and helping to conduct, negotiations between parties to 11 the dispute; and 12 (b) to promote the open exchange of information relevant to 13 the dispute by the parties; and 14 (c) to provide to the parties information about the operation 15 of this Act relevant to a settlement of the dispute; and 16 (d) to help in the settlement of the dispute in any other 17 appropriate way. 18 Examples of facilitating and helping conduct negotiations-- 19 1 facilitating telephone conferencing 20 2 interviewing the parties, together or separately 21 Division 3 Starting the conciliation process 22 402 Making dispute resolution request 23 (1) A lessor or tenant may make a request (a dispute resolution 24 request) to the authority asking it to try to resolve a tenancy 25 dispute. 26 Page 262

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 403] (2) Also, a provider or resident may make a request (also a 1 dispute resolution request) to the authority asking it to try to 2 resolve a rooming accommodation dispute. 3 (3) The dispute resolution request must be in the approved form. 4 403 Action to be taken on dispute resolution request 5 (1) As soon as practicable after receiving a dispute resolution 6 request, the authority must start a conciliation process for the 7 parties to the dispute. 8 (2) However, if the authority considers the dispute is not suitable 9 for conciliation, it may give written notice to the parties that 10 the dispute is not suitable for conciliation. 11 Division 4 Conduct of conciliation process 12 404 Conciliation fee 13 (1) This section applies if a conciliation fee is prescribed under a 14 regulation. 15 (2) If a dispute resolution request is made, the conciliator may 16 start the conciliation process only if the prescribed fee has 17 been paid to the authority by the person who made the dispute 18 resolution request. 19 (3) However, the authority may waive the fee if it is satisfied in 20 all the circumstances it would be unreasonable to impose a 21 fee. 22 405 Limited right of representation 23 (1) During the conciliation process, each party to the dispute must 24 conduct the party's own case. 25 (2) However, a party may be represented by a person if-- 26 Page 263

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 406] (a) the party is a corporation or the conciliator is satisfied, 1 and continues to be satisfied, a person should be allowed 2 to represent the party; and 3 (b) the representative is approved by the conciliator. 4 406 Parties participation in conciliation process not 5 compellable 6 (1) A party to the dispute can not be compelled to participate in 7 the conciliation process. 8 (2) A party may withdraw from the conciliation process at any 9 time. 10 (3) The conciliation process may be ended at any time by the 11 conciliator. 12 407 Parties to conciliation process 13 (1) A person who is not a party to the dispute may take part in the 14 conciliation process if the authority or conciliator is satisfied 15 the person has a sufficient interest in the resolution of the 16 dispute. 17 (2) However, the person does not become a party to the dispute. 18 408 Conciliation agreements 19 (1) This section applies if the parties to the dispute reach an 20 agreement on resolving the dispute. 21 (2) The agreement must be put into writing and signed by or for 22 the parties. 23 (3) The agreement must not be inconsistent with this Act. 24 Editor's note-- 25 See also section 52(4) (Terms of agreements include duties under Act 26 etc.) which provides that the terms of the conciliation agreement are 27 taken to be included as terms of the residential tenancy agreement. 28 Page 264

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 409] 409 No record of conciliation process 1 (1) A person must not make a record of anything said during the 2 conciliation process. 3 Maximum penalty--20 penalty units. 4 (2) However, the conciliator may make notes of the conciliation 5 process the conciliator considers appropriate. 6 (3) The conciliator may destroy the notes after the conciliation 7 process ends. 8 Division 5 Withdrawal of disputes 9 410 Withdrawal of disputes 10 (1) A person may, by written notice given to the authority, 11 withdraw a dispute resolution request made by the person. 12 (2) The notice may be given before or after a conciliator starts the 13 conciliation process for the dispute. 14 Division 6 Confidentiality, privilege and 15 immunity 16 411 Conciliators to maintain secrecy 17 (1) A conciliator involved in a conciliation process must not 18 disclose information coming to the conciliator's knowledge 19 during the conciliation process. 20 Maximum penalty--20 penalty units. 21 (2) However, a conciliator may disclose information-- 22 (a) with the agreement of all parties to the dispute; or 23 (b) for statistical purposes without revealing the identity of 24 any person about whom the information is relevant; or 25 Page 265

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 1 Conciliation process for residential tenancy disputes and rooming accommodation disputes [s 412] (c) for an inquiry or proceeding about an offence or other 1 misconduct that happens during the conciliation 2 process; or 3 (d) if the information is about injury or the threat of injury 4 to any person; or 5 (e) under a requirement under this or another Act. 6 (3) Also, if a person gives a document to a conciliator during the 7 conciliation process and asks the conciliator to disclose the 8 document to an authorised person, the conciliator may make 9 the disclosure. 10 412 Ordinary protection and immunity allowed 11 (1) A conciliator has, in performing the conciliator's functions, 12 the same protection and immunity as a Supreme Court judge 13 performing the functions of a judge. 14 (2) A person who is a party, or the party's representative, 15 appearing during the conciliation process for a dispute has the 16 same protection and immunity the person would have if the 17 dispute were being heard in the Supreme Court. 18 (3) A document produced during, or used for, a conciliation 19 process has the same protection during the process it would 20 have if produced before the Supreme Court. 21 413 Admissions made in conciliation process 22 (1) Evidence of anything said or an admission made during the 23 conciliation process for a dispute is inadmissible-- 24 (a) at the hearing before a tribunal of an application relating 25 to an issue to which the conciliation process relates; or 26 (b) in another proceeding before a court or elsewhere. 27 (2) In subsection (1)-- 28 Page 266

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 414] proceeding does not include a civil proceeding founded on 1 fraud alleged to be connected with, or to have happened 2 during, the conciliation process. 3 Part 2 Application to tribunals 4 Division 1 Application of part 5 414 Application of pt 2 6 This part applies to applications to the tribunal by the 7 following-- 8 (a) lessors and tenants under residential tenancy 9 agreements; 10 (b) providers and residents under rooming accommodation 11 agreements; 12 (c) the authority. 13 Division 2 Preliminary 14 415 Meaning of urgent application 15 (1) An application to a tribunal is an urgent application if it is an 16 application for a termination order made because of-- 17 (a) a failure to leave; or 18 (b) a failure to leave as intended; or 19 (c) excessive hardship; or 20 (d) damage; or 21 (e) injury; or 22 Page 267

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 415] (f) objectionable behaviour; or 1 (g) repeated breaches. 2 (2) An application to a tribunal is an urgent application if it is an 3 application for a termination order for moveable dwelling 4 premises in a moveable dwelling park to which a short 5 tenancy (moveable dwelling) applies. 6 Editor's note-- 7 See sections 47 (Short tenancy statements) and 48 (Extending short 8 tenancy statements) for provisions about short tenancies. 9 (3) An application to a tribunal is an urgent application if-- 10 (a) it is an application made under section 227; and 11 (b) the notice to relocate on which the application is based 12 was given because of an emergency or for health or 13 safety reasons. 14 (4) An application to a tribunal is an urgent application if-- 15 (a) it is an application for an order to restrain a person from 16 causing damage or injury; and 17 (b) the applicant also has made, or makes, an application for 18 a termination order on the ground of damage or injury. 19 (5) An application to a tribunal is an urgent application if it is 20 made under any of the following sections-- 21 (a) section 60 (Orders of tribunal relating to noncompliance 22 with s 58 or 59); 23 (b) section 191 (Orders of tribunal); 24 (c) section 201 (Entry by lessor or lessor's agent under 25 order of tribunal); 26 (d) section 220 (Orders of tribunal about reimbursement or 27 payment for emergency repairs); 28 (e) section 221 (Orders of tribunal about carrying out 29 emergency repairs); 30 (f) section 233 (Application to tribunal about proposal); 31 Page 268

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 415] (g) section 245 (Injury to domestic associate); 1 (h) section 246 (Injury or damage affecting occupants); 2 (i) section 264 (Entry by provider or provider's agent under 3 order of tribunal); 4 (j) section 273 (Application to tribunal about proposed rule 5 change); 6 (k) section 277(7)(d) (Ending of residential tenancy 7 agreements); 8 (l) section 292 (Application to tribunal about notice to 9 leave without ground); 10 (m) section 309 (Application for termination for failure of 11 lessor to remedy breach); 12 (n) section 356 (Dispute about abandonment termination 13 notice); 14 (o) section 357 (Order about abandonment); 15 (p) section 358 (Tenant remaining in possession); 16 (q) section 359 (Compensation on abandonment 17 termination notice); 18 (r) section 361 (Review of abandonment order); 19 (s) section 363 (Goods left on premises); 20 (t) section 365 (Application about goods left on premises); 21 (u) section 366(7)(d) (Ending of rooming accommodation 22 agreements); 23 (v) section 373 (Application to tribunal about terminating 24 agreement without ground); 25 (w) section 395(4) (Money given to public trustee) 26 (x) section 418 (Application of Act to agreements); 27 (y) section 455 (Application to tribunal for order to exclude 28 person from park). 29 Page 269

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 416] (6) An application to a tribunal is an urgent application if it is 1 made under chapter 9. 2 416 Dispute resolution request required before applying to 3 tribunal 4 (1) The lessor or tenant under a residential tenancy agreement, or 5 provider or resident under a rooming accommodation 6 agreement, may apply under this Act to a tribunal about an 7 issue only if the applicant has first made a dispute resolution 8 request about the issue and-- 9 (a) the conciliation process has ended without a conciliated 10 resolution having been reached, because-- 11 (i) the authority refuses to provide a conciliation 12 service about the issue; or 13 (ii) a party refuses to participate, or continue to 14 participate, in the conciliation process; or 15 (iii) the parties participate in the conciliation process 16 but do not reach an agreement on resolving the 17 dispute; or 18 (b) a conciliated resolution is reached but the applicant 19 reasonably believes the other party has breached the 20 conciliation agreement. 21 (2) This section does not apply to an urgent application. 22 Editor's notes-- 23 See section 399 (Some matters not suitable for conciliation). 24 See section 406 (Parties participation in conciliation process not 25 compellable). 26 417 Reference to making of tribunal application includes 27 making of dispute resolution request 28 (1) This section applies if-- 29 (a) an application about an issue (the dispute issue) may be 30 made to a tribunal by-- 31 Page 270

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 418] (i) the lessor or tenant under a residential tenancy 1 agreement; or 2 (ii) a provider or resident under a rooming 3 accommodation agreement; and 4 (b) under a provision of this Act, the question whether the 5 application has been made is relevant to an issue. 6 (2) A reference in the provision to the making of an application 7 about the dispute issue includes a reference to the making of a 8 dispute resolution request to the authority about the dispute 9 issue. 10 Editor's note-- 11 Section 419 (Applications about breach of agreements) provides for the 12 time in which the lessor or tenant, or provider or resident, may apply to 13 the tribunal for an order about a breach of the agreement. 14 Division 3 General powers of tribunals 15 418 Application of Act to agreements 16 (1) A person or the authority may apply to a tribunal for an order, 17 and the tribunal may make an order, declaring that a stated 18 agreement is, or is not-- 19 (a) a residential tenancy agreement to which this Act 20 applies; or 21 (b) a rooming accommodation agreement to which this Act 22 applies. 23 (2) The tribunal may allow the authority to intervene in, or 24 support, an application by a person under subsection (1). 25 419 Applications about breach of agreements 26 (1) This section applies if any of the following claim there has 27 been a breach of a term of a residential tenancy agreement or a 28 rooming accommodation agreement-- 29 Page 271

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 420] (a) a lessor or tenant under the residential tenancy 1 agreement; 2 (b) a provider or resident under the rooming 3 accommodation agreement. 4 (2) The lessor or tenant, or provider or resident, may apply to a 5 tribunal for an order about the breach. 6 (3) The application must be made within 6 months after the lessor 7 or tenant, or provider or resident, becomes aware of the 8 breach. 9 (4) For a residential tenancy, the application may be made-- 10 (a) during the term, or after the end, of the agreement; and 11 (b) whether or not an application for termination, or a 12 termination order, has been made about the agreement; 13 and 14 (c) whether or not a rental bond for the agreement is held by 15 the authority when the application is made. 16 (5) For rooming accommodation, the application may be made-- 17 (a) during the term of the agreement or after the agreement 18 ends; and 19 (b) whether or not a rental bond for the agreement is held by 20 the authority when the application is made. 21 420 Orders about breach of agreements 22 (1) If an application about a breach of a residential tenancy 23 agreement or a rooming accommodation agreement is made to 24 a tribunal, the tribunal may make any 1 or more of the 25 following orders-- 26 (a) an order restraining any action in breach of the 27 agreement; 28 (b) an order for the payment of money; 29 (c) an order requiring an action in performance of the 30 agreement; 31 Page 272

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 421] (d) an order that a party to the agreement perform the work, 1 or take the steps, stated in the order to remedy a breach 2 of the agreement; 3 (e) an order for compensation; 4 (f) an order requiring payment of all or part of the rent 5 under the agreement to the tribunal until-- 6 (i) the whole or part of the agreement has been 7 performed; or 8 (ii) an application for compensation has been decided; 9 (g) an order requiring payment (from rent paid to the 10 tribunal) towards-- 11 (i) the cost of remedying a breach of the agreement; or 12 (ii) an amount for compensation. 13 (2) An order under subsection (1)(a) may be made even if it 14 provides a remedy in the nature of an injunction or order for 15 specific performance in circumstances where the remedy 16 would not otherwise be available. 17 421 Matters to which tribunal must have regard for orders for 18 compensation 19 (1) Without limiting section 420(1), in making an order for 20 compensation in favour of a lessor, a tribunal must have 21 regard to the following-- 22 (a) rent required to be paid but not paid for the period 23 starting when the agreement is terminated because of 24 the tenant's action and ending-- 25 (i) when the period fixed as the term of the tenancy 26 ends; or 27 (ii) if the premises are relet before the end of the 28 period mentioned in subparagraph (i)--when the 29 premises are relet; 30 Page 273

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 422] (b) advertising expenses incurred by the lessor for reletting 1 the premises; 2 (c) other expenses incurred by the lessor for work carried 3 out by the lessor for reletting the premises; 4 (d) whether the lessor has met the lessor's duty under 5 section 362 to mitigate loss or expense. 6 (2) Also, without limiting section 420(1), in making an order for 7 compensation in favour of a provider, a tribunal must have 8 regard to the following-- 9 (a) rent required to be paid but not paid for the period 10 starting when the agreement is ended because of the 11 resident's action and ending-- 12 (i) when the period fixed as the term of the 13 accommodation ends; or 14 (ii) if the resident's room is relet before the end of the 15 period mentioned in subparagraph (i)--when the 16 room is relet; 17 (b) advertising expenses incurred by the provider for 18 reletting the resident's room; 19 (c) other expenses incurred by the provider for work carried 20 out by the provider for reletting the resident's room; 21 (d) whether the provider has taken all reasonable steps to 22 mitigate the loss or expense. 23 422 Application of Aboriginal tradition 24 (1) This section applies if-- 25 (a) the lessor is-- 26 (i) a community government under the Local 27 Government (Community Government Areas) Act 28 2004; or 29 (ii) a local government under the Local Government 30 (Aboriginal Lands) Act 1978; or 31 Page 274

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 423] (iii) an entity prescribed under a regulation; and 1 (b) the tenant is an Aborigine. 2 (2) In deciding an application for a termination order, a tribunal 3 must have regard to the lessor's practice (the lessor's 4 Aboriginal tradition practice) in observing Aboriginal 5 tradition in dealing with similar breaches of other residential 6 tenancy agreements by other tenants of the lessor. 7 (3) In considering Aboriginal tradition, the tribunal may hear 8 evidence from, and the opinions of-- 9 (a) persons recognised under Aboriginal tradition as 10 respected persons; or 11 (b) other persons with special knowledge of, or expertise in, 12 Aboriginal tradition. 13 (4) The opinion of persons mentioned in subsection (3) are not 14 inadmissible as evidence merely because they are hearsay. 15 (5) The tribunal may decide not to make the termination order if it 16 would be inconsistent with the lessor's Aboriginal tradition 17 practice. 18 423 Application of Island custom 19 (1) This section applies if-- 20 (a) the lessor is-- 21 (i) an indigenous regional council under the Local 22 Government Act 1993; or 23 (ii) an entity prescribed under a regulation; and 24 (b) the tenant is a Torres Strait Islander. 25 (2) In deciding an application for a termination order, a tribunal 26 must have regard to the lessor's practice (the lessor's Island 27 custom practice) in observing Island custom in dealing with 28 similar breaches of other residential tenancy agreements by 29 other tenants of the lessor. 30 Page 275

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 424] (3) In considering Island custom, the tribunal may hear evidence 1 from, and the opinions of-- 2 (a) persons recognised under Island custom as respected 3 persons; or 4 (b) other persons with special knowledge of, or expertise in, 5 Island custom. 6 (4) The opinions of persons mentioned in subsection (3) are not 7 inadmissible as evidence merely because they are hearsay. 8 (5) The tribunal may decide not to make the termination order if it 9 would be inconsistent with the lessor's Island custom 10 practice. 11 424 Disputes about tenants' notices 12 (1) If a lessor disputes the ground stated in a notice to remedy 13 breach, or notice of intention to leave premises, given to the 14 lessor by the tenant under an agreement, the lessor may apply 15 to a tribunal for an order about the notice. 16 (2) If the tribunal is satisfied the tenant was not entitled to give 17 the notice on the ground stated, it may make an order under 18 this section. 19 (3) If the tribunal decides the application before the agreement is 20 terminated, it may make any order it considers appropriate. 21 (4) If the tribunal decides the application after the agreement is 22 terminated because of the tenant's action, it may make an 23 order requiring the tenant to pay to the lessor an amount it 24 considers appropriate as compensation for any loss (including 25 loss of rent) or expense incurred by the lessor by the tenant 26 leaving the premises. 27 (5) This section does not apply to a notice of intention to leave 28 without ground. 29 425 Dispute about residents' notices 30 (1) This section applies if a resident gives to the provider-- 31 Page 276

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 426] (a) a notice under section 378 requiring the provider to 1 remedy a breach; or 2 (b) a notice under this Act terminating the rooming 3 accommodation agreement, other than a notice under 4 section 381. 5 (2) If the provider disputes the ground stated in the notice, the 6 provider may apply to a tribunal for an order about the notice. 7 (3) If the tribunal is satisfied the resident was not entitled to give 8 the notice on the ground stated, it may make an order under 9 this section. 10 (4) If the tribunal decides the application before the agreement 11 ends, it may make any order it considers appropriate. 12 (5) If the tribunal decides the application after the agreement is 13 ended because of the resident's action, it may make an order 14 requiring the resident to pay to the provider an amount it 15 considers appropriate as compensation for any loss (including 16 loss of rent) or expense incurred by the provider by the 17 resident terminating the agreement. 18 426 Disputes about lessors' notices 19 (1) If a tenant disputes the ground stated in a notice to remedy 20 breach or a notice to leave premises given to the tenant by the 21 lessor under an agreement, the tenant may apply to a tribunal 22 for an order about the notice. 23 (2) If the tribunal is satisfied the lessor was not entitled to give the 24 notice on the ground stated, it may make an order under this 25 section. 26 (3) If the tribunal decides the application before the agreement is 27 terminated, it may make any order it considers appropriate. 28 (4) If the tribunal decides the application after the agreement is 29 terminated because of the lessor's action, it may make an 30 order requiring the lessor to pay to the tenant an amount it 31 considers appropriate as compensation for any loss or expense 32 incurred by the tenant for having to leave the premises. 33 Page 277

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 427] (5) This section does not apply to a notice to leave without 1 ground. 2 427 Dispute about providers' notices 3 (1) This section applies if a provider gives to a resident-- 4 (a) a notice under section 368 requiring the resident to 5 remedy a breach; or 6 (b) a notice requiring the resident to leave the rental 7 premises, other than a notice under section 372. 8 (2) If the resident disputes the ground stated in the notice, the 9 resident may apply to a tribunal for an order about the notice. 10 (3) If the tribunal is satisfied the provider was not entitled to give 11 the notice on the ground stated, it may make an order under 12 this section. 13 (4) If the tribunal decides the application before the agreement 14 ends, it may make any order it considers appropriate. 15 (5) If the tribunal decides the application after the agreement is 16 ended because of the provider's action, it may make an order 17 requiring the provider to pay to the resident an amount it 18 considers appropriate as compensation for any loss or expense 19 incurred by the resident for having to leave the rental 20 premises. 21 428 Dispute about entry to resident's room or removal of 22 resident 23 (1) This section applies if a resident claims the provider or 24 someone helping the provider has-- 25 (a) unlawfully entered the resident's room; or 26 (b) unlawfully removed the resident or the resident's 27 property from the rental premises. 28 (2) The resident may apply to a tribunal for an order. 29 Page 278

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 429] (3) The application may only be made within 6 months after the 1 happening of the event mentioned in subsection (1). 2 (4) The application may be made during the term of the 3 agreement or after the agreement has ended. 4 (5) The tribunal may make any order it considers appropriate, 5 including an order for compensation. 6 429 General disputes between lessors and tenants or 7 providers and residents 8 (1) If there is a dispute between the lessor and tenant, or provider 9 and resident, about an agreement, either party may apply to a 10 tribunal for an order, and the tribunal may make any order it 11 considers appropriate, to resolve the dispute. 12 (2) An application under subsection (1) may be made by a 13 cotenant. 14 430 Disputes between cotenants or coresidents about rental 15 bonds 16 (1) If there is a dispute between cotenants or coresidents about a 17 rental bond for an agreement, any cotenant or coresident may 18 apply to a tribunal for an order, and the tribunal may make 19 any order it considers appropriate, to resolve the dispute. 20 (2) The tribunal may not make an order under this section without 21 giving the lessor or provider an opportunity to be heard on the 22 application. 23 431 Different applications may be decided together 24 If different applications about an agreement are made to a 25 tribunal by the parties or either party, the tribunal may 26 consider and decide the applications at the same time. 27 Page 279

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 6 Dispute resolution Part 2 Application to tribunals [s 432] 432 Joining applications 1 A tribunal may allow an application of a subtenant to be 2 joined with an application of the lessor or tenant. 3 433 Relevant matters for deciding whether a person is a 4 boarder or lodger 5 (1) Subsection (2) applies if, in relation to an application for an 6 order under this Act, the tribunal is required to decide whether 7 a person is a boarder or a lodger. 8 (2) The tribunal must have regard to the following-- 9 (a) the extent to which the person has control over 10 premises; 11 (b) the extent to which another person, receiving an amount 12 from the person for the right to reside at the premises, 13 has control of the premises; 14 (c) whether another person, receiving an amount from the 15 person for the right to reside at the premises, also resides 16 at the premises; 17 (d) the provision of services to the person; 18 (e) whether the person shares facilities, including the 19 bathroom and kitchen facilities; 20 (f) anything else the tribunal considers relevant. 21 Page 280

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 1 Authorised persons [s 434] Chapter 7 Enforcement 1 Part 1 Authorised persons 2 434 Authorised persons under this chapter 3 (1) This chapter includes provision for the appointment of 4 authorised persons, and gives authorised persons certain 5 powers. 6 (2) The purpose of these provisions is to ensure that the authority 7 has available to it suitably qualified persons who can help the 8 authority properly deal with issues about compliance with this 9 Act. 10 435 Appointment 11 (1) The authority may appoint any of the following persons as 12 authorised persons-- 13 (a) officers of the authority; 14 (b) officers or employees of a department; 15 (c) other persons prescribed under a regulation. 16 (2) The authority may appoint a person as an authorised person 17 only if-- 18 (a) in the authority's opinion, the person has the necessary 19 expertise or experience to be an authorised person; or 20 (b) the person has satisfactorily finished training approved 21 by the authority. 22 436 Limitation of authorised person's powers 23 (1) The powers of an authorised person may be limited-- 24 (a) under a regulation; or 25 (b) under a condition of appointment; or 26 Page 281

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 1 Authorised persons [s 437] (c) by written notice of the authority given to the authorised 1 person. 2 (2) Notice under subsection (1)(c) may be given orally, but must 3 be confirmed in writing as soon as practicable. 4 437 Authorised person's conditions of appointment 5 (1) An authorised person holds office on the conditions stated in 6 the instrument of appointment. 7 (2) An authorised person-- 8 (a) if the appointment provides for a term of 9 appointment--ceases holding office at the end of the 10 term; and 11 (b) may resign by signed notice of resignation given to the 12 authority; and 13 (c) if the conditions of appointment provide--ceases 14 holding office as an authorised person on ceasing to 15 hold another office stated in the appointment conditions 16 (the main office). 17 (3) However, an authorised person may not resign from the office 18 of authorised person (the secondary office) under subsection 19 (2)(b) if a term of the authorised person's employment to the 20 main office requires the authorised person to hold the 21 secondary office. 22 438 Authorised person's identity card 23 (1) The authority must give each authorised person an identity 24 card. 25 (2) The identity card must-- 26 (a) contain a recent photograph of the authorised person; 27 and 28 (b) be signed by the authorised person; and 29 (c) include an expiry date; and 30 Page 282

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 2 Powers of authorised persons for places [s 439] (d) identify the person as an authorised person under this 1 Act. 2 (3) A person who ceases to be an authorised person must return 3 his or her identity card to the authority within 21 days after the 4 person ceases to be an authorised person, unless the person 5 has a reasonable excuse for not returning it. 6 Maximum penalty--20 penalty units. 7 (4) This section does not prevent the giving of a single identity 8 card to a person under this section and for other provisions, 9 Acts or purposes. 10 439 Production or display of authorised person's identity 11 card 12 (1) An authorised person may exercise a power under this Act in 13 relation to someone else (the other person) only if the 14 authorised person-- 15 (a) first produces his or her identity card for the other 16 person's inspection; or 17 (b) has the identity card displayed so it is clearly visible to 18 the other person. 19 (2) However, if for any reason, it is not practicable to comply 20 with subsection (1), the authorised person must produce the 21 identity card for the other person's inspection at the first 22 reasonable opportunity. 23 Part 2 Powers of authorised persons 24 for places 25 440 Entry to places 26 (1) An authorised person may enter a place under this part if-- 27 Page 283

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 2 Powers of authorised persons for places [s 441] (a) its occupier agrees to the entry; or 1 (b) the entry is permitted by a warrant. 2 (2) An authorised person, without the occupier's agreement or a 3 warrant, may-- 4 (a) enter a place when it is open to the public; or 5 (b) enter land to ask for the occupier's agreement to the 6 authorised person entering the land or a building or 7 structure on the land. 8 (3) Unless an entry under this part is made under the authority of 9 a warrant, the entry must be made at a reasonable time. 10 441 Warrants for entry 11 (1) An authorised person may apply to a magistrate for a warrant 12 for a place. 13 (2) The application must be sworn and must state the grounds on 14 which the warrant is sought. 15 (3) The magistrate may refuse to consider the application until the 16 authorised person gives the magistrate all the information the 17 magistrate requires about the application in the way the 18 magistrate requires. 19 Example-- 20 The magistrate may require additional information supporting the 21 application be given by statutory declaration. 22 (4) The magistrate may issue a warrant only if the magistrate is 23 satisfied there are reasonable grounds for suspecting-- 24 (a) there is a particular thing or activity (the evidence) that 25 may provide evidence of the commission of an offence 26 against this Act; and 27 (b) the evidence is at the place, or may be at the place 28 within the next 7 days. 29 (5) The warrant must state-- 30 Page 284

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 2 Powers of authorised persons for places [s 442] (a) the authorised person may, with necessary and 1 reasonable help and force, enter the place and exercise 2 the authorised person's powers under this Act; and 3 (b) the evidence for which the warrant is issued; and 4 (c) the hours of the day or night when entry may be made; 5 and 6 (d) the day (within 14 days after the warrant's issue) when 7 the warrant ends. 8 (6) The magistrate must record the reasons for issuing the 9 warrant. 10 442 Warrants--applications made other than in person 11 (1) An authorised person may apply for a warrant by phone, fax, 12 radio or another form of communication if the authorised 13 person considers it necessary because of urgent circumstances 14 or other special circumstances, including, for example, the 15 authorised person's remote location. 16 (2) Before applying for the warrant, the authorised person must 17 prepare an application stating the grounds on which the 18 warrant is sought. 19 (3) The authorised person may apply for the warrant before the 20 application is sworn. 21 (4) After issuing a warrant, the magistrate must immediately fax a 22 copy (the facsimile warrant) to the authorised person if it is 23 reasonably practicable to fax the copy. 24 (5) If it is not reasonably practicable to fax a copy of the warrant 25 to the authorised person-- 26 (a) the magistrate must-- 27 (i) record on the warrant the reasons for issuing the 28 warrant; and 29 (ii) tell the authorised person the date and time the 30 warrant was signed; and 31 Page 285

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 2 Powers of authorised persons for places [s 443] (iii) tell the authorised person the warrant's terms; and 1 (b) the authorised person must write on a form of warrant 2 (the warrant form)-- 3 (i) the magistrate's name; and 4 (ii) the date and time the magistrate signed the 5 warrant; and 6 (iii) the warrant's terms. 7 (6) The facsimile warrant, or the warrant form properly 8 completed by the authorised person, authorises the entry and 9 the exercise of the other powers mentioned in the warrant 10 issued by the magistrate. 11 (7) The authorised person must, at the first reasonable 12 opportunity, send to the magistrate-- 13 (a) the sworn application; and 14 (b) if a warrant form was completed by the authorised 15 person--the completed warrant form. 16 (8) On receiving the documents, the magistrate must attach them 17 to the warrant. 18 (9) Unless the contrary is proved, a court must presume a power 19 exercised by an authorised person was not authorised by a 20 warrant issued under this section if-- 21 (a) a question arises, in a proceeding before the court, 22 whether the exercise of power was authorised by a 23 warrant; and 24 (b) the warrant is not produced in evidence. 25 443 Authorised person's general powers for places 26 (1) An authorised person who enters a place under this part 27 may-- 28 (a) search any part of the place; or 29 Page 286

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 2 Powers of authorised persons for places [s 443] (b) examine, inspect, test, photograph or film anything at 1 the place; or 2 (c) copy a document at the place; or 3 (d) seize a document at the place if the authorised person 4 reasonably believes the document is evidence of an 5 offence against this Act and the seizure is necessary to 6 prevent the document-- 7 (i) being hidden, lost or destroyed; or 8 (ii) being used to commit, continue or repeat the 9 offence; or 10 (e) take into the place any persons, equipment and materials 11 the authorised person reasonably requires for exercising 12 a power in relation to the place; or 13 (f) require a person at the place or the occupier of the place, 14 to give the authorised person reasonable help for the 15 exercise of the powers mentioned in paragraphs (a) to 16 (e). 17 (2) A person who is required by an authorised person under 18 subsection (1)(f) to give the authorised person reasonable help 19 for the exercise of a power must comply with the requirement, 20 unless the person has a reasonable excuse for not complying 21 with it. 22 Maximum penalty--20 penalty units. 23 (3) If the help is required to be given by-- 24 (a) answering a question; or 25 (b) producing a document (other than an authority or other 26 document required to be kept by the person under this 27 Act or another Act); 28 it is a reasonable excuse for the person to fail to answer the 29 question, or produce the document, if complying with the 30 requirement might tend to incriminate the person. 31 Page 287

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 444] (4) This section applies to an authorised person who enters a 1 place to get the occupier's agreement only if the agreement is 2 given or the entry is otherwise authorised. 3 Part 3 Other enforcement matters 4 444 Procedure after document seized 5 (1) As soon as practicable after a document is seized by an 6 authorised person under section 443, the authorised person 7 must give a receipt for it to the person from whom it was 8 seized. 9 (2) Until the document is returned, the authorised person must 10 allow a person who would be entitled to the seized document 11 if it were not in the authorised person's possession to copy it. 12 (3) The authorised person must return the seized document to the 13 person-- 14 (a) at the end of 1 year; or 15 (b) if a proceeding for an offence involving it is started 16 within 1 year--at the end of the proceeding and any 17 appeal from the proceeding. 18 (4) Despite subsection (3), the authorised person must return the 19 seized document to the person if the authorised person-- 20 (a) stops being satisfied its continued retention as evidence 21 is necessary; and 22 (b) is satisfied its return is not likely to result in its use in 23 repeating the offence. 24 445 Power to require information from certain persons 25 (1) This section applies if an authorised person suspects, on 26 reasonable grounds, that-- 27 Page 288

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 446] (a) an offence against this Act has been committed; and 1 (b) a person (the nominated person) may be able to give 2 information about the offence. 3 (2) The authorised person may, by written notice given to the 4 nominated person, require the nominated person to give 5 information about the offence to the authorised person at a 6 reasonable time and place stated in the notice. 7 (3) When making the requirement, the authorised person must 8 warn the nominated person it is an offence to fail to give the 9 information, unless the person has a reasonable excuse. 10 (4) The nominated person must comply with the requirement, 11 unless the person has a reasonable excuse. 12 Maximum penalty--10 penalty units. 13 (5) It is a reasonable excuse for the nominated person to fail to 14 give information if giving the information might tend to 15 incriminate the person. 16 (6) The nominated person does not commit an offence against 17 this section if-- 18 (a) the information sought by the authorised person is not in 19 fact relevant to the offence; or 20 (b) an offence is not proved to have been committed. 21 446 False or misleading information 22 (1) A person must not-- 23 (a) state anything to an authorised person the person knows 24 is false or misleading in a material particular; or 25 (b) omit from a statement made to an authorised person 26 anything without which the statement is, to the person's 27 knowledge, misleading in a material particular. 28 Maximum penalty--20 penalty units. 29 Page 289

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 447] (2) It is enough for a complaint for an offence against subsection 1 (1)(a) or (b) to state that the statement made was false or 2 misleading to the person's knowledge. 3 447 False or misleading documents 4 (1) A person must not give an authorised person a document 5 containing information the person knows is false or 6 misleading in a material particular. 7 Maximum penalty--20 penalty units. 8 (2) However, the person does not commit an offence against 9 subsection (1) if, when giving the document, the person-- 10 (a) informs the authorised person, to the best of the person's 11 ability, how it is false or misleading; and 12 (b) gives the correct information to the authorised person if 13 the person has, or can reasonably obtain, the correct 14 information. 15 (3) It is enough for a complaint for an offence against subsection 16 (1) to state that the document was false or misleading to the 17 person's knowledge. 18 448 Authorised person to give notice of damage 19 (1) This section applies if-- 20 (a) an authorised person damages anything in the exercise 21 of a power under part 2; or 22 (b) a person who is authorised by an authorised person to 23 take action under this Act damages anything in taking 24 the action. 25 (2) The authorised person must promptly give written notice of 26 the particulars of the damage to the person who appears to the 27 authorised person to be the thing's owner. 28 (3) If the authorised person believes the damage was caused by a 29 latent defect in the thing or other circumstances beyond the 30 Page 290

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 449] authorised person's control, the authorised person may state 1 this in the notice. 2 (4) If, for any reason, it is not practicable to comply with 3 subsection (2), the authorised person must-- 4 (a) leave the notice at the place where the damage 5 happened; and 6 (b) ensure the notice is left in a reasonably secured way in a 7 conspicuous position. 8 (5) This section does not apply to damage the authorised person 9 believes, on reasonable grounds, is trivial. 10 449 Compensation 11 (1) A person may claim compensation if the person incurs loss or 12 expense because of the exercise or purported exercise of a 13 power under part 2, including, for example, in complying with 14 a requirement made of the person under the part. 15 (2) Compensation may be claimed and ordered in a proceeding 16 for-- 17 (a) compensation brought in a court of competent 18 jurisdiction; or 19 (b) an offence against this Act brought against the person 20 making the claim for compensation. 21 (3) A court may order compensation to be paid only if it is 22 satisfied it is just to make the order in the circumstances of the 23 particular case. 24 (4) A regulation may prescribe matters that may, or must, be 25 taken into account by the court when considering whether it is 26 just to make the order. 27 Page 291

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 450] 450 Agreement to entry 1 (1) This section applies if an authorised person seeks the 2 agreement of an occupier of a place to an authorised person 3 entering the place under part 2. 4 (2) In seeking the agreement, the authorised person must inform 5 the occupier-- 6 (a) of the purpose of the entry; and 7 (b) that information obtained by the authorised person may 8 be used in evidence in court; and 9 (c) that the occupier is not required to agree to the entry. 10 (3) If the agreement is given, the authorised person may ask the 11 occupier to sign an acknowledgement of the occupier's 12 agreement. 13 (4) The acknowledgement must-- 14 (a) state the occupier was informed-- 15 (i) of the purpose of the entry; and 16 (ii) that information obtained by the authorised person 17 may be used in evidence in court; and 18 (iii) that the occupier was not required to agree to the 19 entry; and 20 (b) state the occupier agreed to the authorised person 21 entering the place and exercising powers under this Act; 22 and 23 (c) state the time and date the agreement was given. 24 (5) If the occupier signs an acknowledgement of agreement, the 25 authorised person must immediately give a copy to the 26 occupier. 27 Page 292

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 7 Enforcement Part 3 Other enforcement matters [s 451] 451 Evidence of agreement 1 (1) This section applies to a proceeding if-- 2 (a) a question arises whether an occupier of a place agreed 3 to the entry of the place by an authorised person under 4 part 2; and 5 (b) an acknowledgement of the occupier's agreement is not 6 produced in evidence. 7 (2) In a proceeding to which this section applies, the court may 8 presume the occupier did not agree to the entry, unless the 9 contrary is proved. 10 452 Obstruction of authorised person 11 (1) In this section-- 12 authorised person includes a person who is authorised by an 13 authorised person to take action under part 2. 14 (2) A person must not obstruct an authorised person in the 15 exercise of a power under this Act, unless the person has a 16 reasonable excuse. 17 Maximum penalty--50 penalty units. 18 453 Impersonation of authorised person 19 A person must not pretend to be an authorised person. 20 Maximum penalty--80 penalty units. 21 Page 293

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 8 Causing nuisance in moveable dwelling parks [s 454] Chapter 8 Causing nuisance in 1 moveable dwelling parks 2 454 Behaviour in moveable dwelling park causing serious 3 nuisance 4 A person causes a serious nuisance in a moveable dwelling 5 park if, while in the park, the person causes a serious nuisance 6 to residents of, or anyone else in, the park. 7 Editor's note-- 8 For the power to give directions to persons causing a serious nuisance 9 and remove persons from a moveable dwelling park see the Police 10 Powers and Responsibilities Act 2000, chapter 19 (Other powers), part 4 11 (Powers relating to nuisance in moveable dwelling parks). 12 Examples of serious nuisance-- 13 1 A person assaults a resident or someone else. 14 2 A person uses threatening or abusive language towards a resident or 15 someone else. 16 3 A person behaves in a riotous, violent, disorderly, indecent, 17 offensive or threatening way towards a resident or someone else. 18 4 A person causes substantial, unreasonable annoyance to a resident 19 or someone else. 20 5 A person causes substantial, unreasonable disruption to the privacy 21 of a resident or someone else. 22 6 A person wilfully damages property of a resident or someone else. 23 455 Application to tribunal for order to exclude person from 24 park 25 (1) The owner of a moveable dwelling park may apply to a 26 tribunal for an order excluding a person from the park because 27 of the person's behaviour in the park. 28 (2) The application may be made in a proceeding for an offence 29 for contravention of a final nuisance direction or at any other 30 time. 31 Page 294

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 8 Causing nuisance in moveable dwelling parks [s 456] (3) If the application is not made in a proceeding for an offence 1 mentioned in subsection (2), the applicant must give written 2 notice of the application to the person at least 21 days before 3 the application is heard. 4 (4) The notice must state particulars of the claimed behaviour. 5 456 Order of tribunal excluding person from park 6 (1) If an application is made to a tribunal for an order excluding a 7 person from a moveable dwelling park because of the 8 person's behaviour in the park, the tribunal may make an 9 order prohibiting a person from entering, or being in, the park 10 in a stated period (not longer than 1 year). 11 (2) The tribunal may make the order only if it is satisfied-- 12 (a) the person's behaviour justifies being excluded from the 13 park; and 14 (b) it is appropriate to exclude the person from the park. 15 (3) In deciding whether the person's behaviour justifies being 16 excluded from the park, the tribunal may have regard to-- 17 (a) the nature of the behaviour, including, in particular, 18 whether the behaviour involved violence and, if violence 19 is involved, the degree of the violence; and 20 (b) whether the behaviour was recurrent and, if it was 21 recurrent, the frequency of the recurrences; and 22 (c) the number of persons adversely affected by the 23 behaviour; and 24 (d) whether persons adversely affected by the behaviour 25 have acted in a reasonable way; and 26 (e) the time of day the behaviour was engaged in; and 27 (f) whether any nuisance directions have been given to the 28 person about the person's behaviour in the park and, if 29 directions have been given-- 30 (i) the nature of the behaviour for which the directions 31 were given; and 32 Page 295

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 9 Tenancy databases [s 457] (ii) the number and type of directions given; and 1 (iii) the frequency of the directions. 2 (4) In deciding whether it is appropriate to exclude the person 3 from the park, the tribunal may have regard to-- 4 (a) whether the person is residing in a moveable dwelling in 5 the park; and 6 (b) if the person is residing in the park-- 7 (i) whether the person's spouse resides with the 8 person; and 9 (ii) whether any dependant of the person (including, in 10 particular, any child of the person) resides with the 11 person; and 12 (iii) whether the person has access to other 13 accommodation; and 14 (c) the person's general health and welfare. 15 (5) Subsections (3) and (4) do not limit the issues to which the 16 tribunal may have regard. 17 (6) A person must not contravene an order of a tribunal 18 prohibiting the person from entering, or being in, a moveable 19 dwelling park, unless the person has a reasonable excuse for 20 not complying with it. 21 Maximum penalty for subsection (6)--20 penalty units. 22 Chapter 9 Tenancy databases 23 457 Definitions for ch 9 24 In this chapter-- 25 list, a person on a tenancy database, means-- 26 Page 296

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 9 Tenancy databases [s 458] (a) enter personal information about the person into the 1 database; or 2 (b) give personal information about the person to someone 3 else for entry into the database. 4 personal information means-- 5 (a) an individual's name; or 6 (b) information or an opinion, whether true or not, about an 7 identified individual. 8 tenancy database means a database (whether or not stored in 9 a computer) containing personal information-- 10 (a) relating to, or arising from, the occupation of residential 11 premises under a residential tenancy agreement; or 12 (b) entered into the database for reasons relating to, or 13 arising from, the occupation of residential premises 14 under a residential tenancy agreement. 15 458 Non-application to internal databases 16 (1) This chapter does not apply to a tenancy database kept by an 17 entity for use only by that entity or its employees or agents. 18 (2) In this section-- 19 entity includes a department. 20 459 Restriction on listing 21 (1) A person (the listing person) must not list another person on a 22 tenancy database unless-- 23 (a) the other person was named as a tenant in a residential 24 tenancy agreement; and 25 (b) the agreement has ended; and 26 (c) there is a reason prescribed under a regulation for listing 27 the other person; and 28 (d) the listing person has-- 29 Page 297

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 9 Tenancy databases [s 460] (i) given written notice to the other person about the 1 personal information it is proposed to enter, or give 2 for entry, into the database (the information to be 3 entered); or 4 (ii) taken other reasonable steps to disclose to the other 5 person the information to be entered; and 6 (e) the listing person has given the other person a 7 reasonable opportunity to review the information to be 8 entered. 9 (2) Subsection (1)(d) and (e) do not apply if the listing person can 10 not locate the other person after making reasonable enquiries. 11 (3) Subsection (1)(e) does not apply to personal information that, 12 at the time of the listing, is publicly available. 13 Example of publicly available information-- 14 Personal information obtained from publicly available court records. 15 460 Application to tribunal about breach 16 (1) A person (the tenant) who claims there has been a breach of 17 section 459, relating to the listing of the tenant on a tenancy 18 database, may apply to a tribunal about the breach. 19 (2) The application may only be made within 6 months after the 20 tenant becomes aware of the breach. 21 (3) If the tribunal decides there has been a breach, it may-- 22 (a) order a person to take stated steps to remedy the breach; 23 or 24 (b) make another order it considers appropriate. 25 461 Application to tribunal about incorrect or unjust listing 26 (1) A person (the tenant) who has been listed on a tenancy 27 database may apply to a tribunal for an order under this 28 section. 29 (2) The tribunal may order a person to take stated steps to-- 30 Page 298

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 9 Tenancy databases [s 461] (a) have the tenant's name or other personal information 1 about the tenant omitted from the database; or 2 (b) have stated changes made to the personal information 3 about the tenant that is included in the database. 4 (3) The tribunal may make the order only if it is satisfied-- 5 (a) the database includes personal information about the 6 tenant that is incorrect or misleading; or 7 Example for paragraph (a)-- 8 X is listed on a tenancy database for a reason relating to a minor 9 matter. The database does not give details of the matter but 10 includes a notation implying that X may be responsible for a 11 serious breach of the Act. 12 (b) the inclusion of the tenant's name or other personal 13 information about the tenant in the database is unjust in 14 the circumstances, having regard to-- 15 (i) the reason for the listing; and 16 (ii) the tenant's involvement in the acts or omissions 17 giving rise to the reason for the listing; and 18 (iii) the adverse consequences suffered, or likely to be 19 suffered, by the tenant because of the listing; and 20 (iv) any other relevant matter. 21 Examples for paragraph (b)-- 22 1 Y is listed on a tenancy database for a reason relating to 23 damage caused to premises by Y's spouse in the course of 24 an incident of domestic violence. Because of the listing, Y 25 can not obtain appropriate and affordable accommodation. 26 2 Z is listed on a tenancy database for a reason relating to an 27 amount of rent that remained unpaid for 2 months after it 28 was payable. During that period, Z was in hospital 29 recovering from a serious accident and unable to make 30 arrangements for payment. 31 (4) To remove doubt, a tribunal may make an order under this 32 section against any person including the following-- 33 (a) a person who owns or operates a tenancy database; 34 (b) a person who lists another person on a tenancy database. 35 Page 299

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 9 Tenancy databases [s 462] 462 Application to tribunal about proposed listing 1 (1) A person (the tenant) who is aware of a proposed listing of 2 the tenant on a tenancy database may apply to a tribunal for an 3 order under this section. 4 (2) The tribunal may-- 5 (a) order a person not to make the proposed listing; or 6 (b) order a person not to make the proposed listing except 7 with stated changes or on stated conditions; or 8 (c) make another order it considers appropriate. 9 (3) The tribunal may make the order only if it is satisfied that, if 10 the proposed listing were made, the tribunal could make an 11 order about the listing under section 460 or 461. 12 463 Offence of contravening tribunal order 13 (1) A person must comply with an order of a tribunal made under 14 this chapter. 15 Maximum penalty--50 penalty units. 16 (2) An offence against subsection (1) is a continuing offence and 17 may be charged in 1 or more complaints for periods the 18 offence continues. 19 Maximum penalty for each day the offence continues after a 20 conviction against subsection (1)--5 penalty units. 21 464 Order for compensation 22 (1) This section applies if a court convicts a person of an offence 23 against section 463. 24 (2) The court may also make an order requiring the convicted 25 person to pay to a stated person, within a stated period, an 26 amount the court considers appropriate as compensation for 27 loss or damage caused by the relevant listing. 28 Page 300

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 1 Establishment of authority [s 465] (3) The person who is entitled to payment under the order may 1 enforce the order by filing with a court of competent 2 jurisdiction-- 3 (a) a copy of the order, certified as a true copy by the 4 registrar of the convicting court; and 5 (b) an affidavit stating the amount remaining unpaid. 6 (4) The order is then enforceable as if it were an order of the court 7 in which the copy and affidavit are filed. 8 Chapter 10 Residential Tenancies 9 Authority 10 Part 1 Establishment of authority 11 465 Establishment of authority 12 The Residential Tenancies Authority is established. 13 466 Legal status of authority 14 The authority-- 15 (a) is a body corporate; and 16 (b) has a seal; and 17 (c) may sue and be sued in its corporate name. 18 467 Authority represents the State 19 (1) The authority represents the State. 20 (2) Without limiting subsection (1), the authority has all the 21 privileges and immunities of the State. 22 Page 301

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 2 Functions and powers of authority [s 468] Part 2 Functions and powers of 1 authority 2 468 Authority's functions 3 The authority's functions are-- 4 (a) to ensure the proper administration and enforcement of 5 this Act; and 6 (b) to receive, hold and pay rental bonds under this Act; and 7 (c) to give advice to the Minister about-- 8 (i) residential tenancy issues and rooming 9 accommodation issues generally; and 10 (ii) the operation of this Act in particular; and 11 (d) without limiting paragraph (c), to give advice to the 12 Minister about-- 13 (i) the application of this Act to residential tenancy 14 agreements, premises or entities; and 15 (ii) the application of this Act to rooming 16 accommodation agreements, rental premises or 17 entities; and 18 (e) to provide information, educational and advisory 19 services about the operation of this Act; and 20 (f) to collect and analyse information about residential 21 tenancy issues and rooming accommodation issues; and 22 (g) to provide a conciliation service to parties to disputes 23 about residential tenancy agreements and rooming 24 accommodation agreements; and 25 (h) to intervene in, or support, proceedings about the 26 application of this Act to residential tenancy agreements 27 and rooming accommodation agreements; and 28 Page 302

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 2 Functions and powers of authority [s 469] (i) to perform other functions given to the authority under 1 this Act or another Act; and 2 (j) to perform functions incidental to its other functions. 3 469 Authority's powers 4 (1) The authority has all the powers of an individual and may, for 5 example-- 6 (a) enter into contracts; and 7 (b) acquire, hold, deal with and dispose of property; and 8 (c) appoint agents and attorneys; and 9 (d) charge for, and fix conditions for the supply of, goods, 10 services and information it supplies; and 11 (e) engage consultants; and 12 (f) do anything else necessary or convenient to be done in 13 performing its functions. 14 (2) Without limiting subsection (1), the authority has the powers 15 given to it under this or another Act. 16 (3) The authority may exercise its powers inside and outside 17 Queensland, including outside Australia. 18 470 Reserve power of Minister to give directions in public 19 interest 20 (1) The Minister may give the authority a written direction if the 21 Minister is satisfied it is necessary to give the direction in the 22 public interest because of exceptional circumstances. 23 (2) The authority must ensure the direction is complied with. 24 (3) Before giving a direction, the Minister must consult with the 25 authority. 26 (4) The Minister must cause a copy of the direction to be gazetted 27 within 21 days after it is given. 28 Page 303

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 3 The board [s 471] Part 3 The board 1 471 The board 2 The authority has a board of directors. 3 472 Role of the board 4 (1) The board is responsible for the way the authority performs its 5 functions and exercises its powers. 6 (2) Without limiting subsection (1), it is the board's role to ensure 7 the authority performs its functions in an appropriate, 8 effective and efficient way. 9 473 Composition of board 10 (1) The board consists of the chairperson and 6 other directors. 11 (2) The members must include representatives of industry and 12 consumer organisations. 13 (3) The Governor in Council appoints the chairperson and other 14 directors. 15 474 Duration of appointment 16 (1) The appointment of a director is for the term (not longer than 17 3 years) decided by the Governor in Council. 18 (2) The office of a director becomes vacant if-- 19 (a) the director resigns by signed notice of resignation given 20 to the Minister; or 21 (b) the director is found guilty of an indictable offence or an 22 offence against this Act; or 23 (c) the director becomes-- 24 (i) an employee of the employing office or of another 25 government entity performing work for the 26 Page 304

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 4 Proceedings of the board [s 475] authority under a work performance arrangement; 1 or 2 (ii) an employee or contractor of the authority; or 3 (d) the director's appointment is ended by the Governor in 4 Council under subsection (3). 5 (3) The Governor in Council may, at any time, end the 6 appointment of a director for any reason or none. 7 475 Conditions of appointment 8 (1) A director is appointed on a part-time basis. 9 (2) A director is entitled to be paid the remuneration and 10 allowances fixed by the Governor in Council. 11 Part 4 Proceedings of the board 12 476 Time and place of meetings 13 (1) The board may hold its meetings when and where it decides. 14 (2) However, the board must meet at least once every 3 months. 15 (3) The chairperson-- 16 (a) may at any time call a meeting of the board; and 17 (b) must call a meeting if asked by at least 25% of the other 18 directors. 19 477 Conduct of proceedings 20 (1) The chairperson presides at all meetings of the board at which 21 the chairperson is present. 22 (2) If the chairperson is absent, the director chosen by the 23 directors present presides. 24 Page 305

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 4 Proceedings of the board [s 478] (3) At a meeting of the board-- 1 (a) a quorum is at least half the directors appointed; and 2 (b) a question is decided by a majority of the votes of the 3 directors present and voting; and 4 (c) each director present has a vote on each question to be 5 decided and, if the votes are equal, the director presiding 6 has a casting vote. 7 (4) The board may otherwise conduct its proceedings (including 8 its meetings) as it considers appropriate. 9 (5) The board may hold meetings, or permit directors to take part 10 in meetings, by telephone, closed-circuit television or another 11 form of communication. 12 (6) A director who takes part in a meeting of the board under 13 subsection (5) is taken to be present at the meeting. 14 (7) A resolution is a valid resolution of the board, even though it 15 is not passed at a meeting of the board, if-- 16 (a) at least half the directors give written agreement to the 17 resolution; and 18 (b) notice of the resolution is given under procedures 19 approved by the board. 20 478 Disclosure of interests 21 (1) A director must disclose to a meeting of the board a direct or 22 indirect financial interest in an issue being considered or 23 about to be considered by the board if-- 24 (a) the director, or a person who, under a regulation, is 25 related to the director, has the interest; and 26 (b) the interest could conflict with the proper performance 27 of the director's duties about the consideration of the 28 issue. 29 (2) The disclosure must be recorded in the board's minutes and, 30 unless the board otherwise directs, the director must not be 31 Page 306

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 5 Financial matters [s 479] present when the board considers the issue, or take part in a 1 decision of the board on the issue. 2 (3) Another director who also has, or who is, under a regulation, 3 related to a person who also has, a direct or indirect financial 4 interest in the issue must not-- 5 (a) be present when the board is considering its decision 6 under subsection (2); or 7 (b) take part in making the decision. 8 (4) If, because of this section, a director is not present at a 9 meeting of the board for the deliberation of the board about an 10 issue, but there would be a quorum if the director were 11 present, the remaining directors present are a quorum for the 12 board's deliberation or decision about the issue at the 13 meeting. 14 479 Minutes 15 The board must keep minutes of its proceedings. 16 Part 5 Financial matters 17 480 Application of Financial Administration and Audit Act 18 The authority is a statutory body within the meaning of the 19 Financial Administration and Audit Act 1977. 20 481 Authority is statutory body for Statutory Bodies Financial 21 Arrangements Act 1982 22 (1) Under the Statutory Bodies Financial Arrangements Act 23 1982, the authority is a statutory body. 24 (2) The Statutory Bodies Financial Arrangements Act 1982, part 25 2B sets out the way in which the authority's powers under this 26 Page 307

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 6 Other things about the authority [s 482] Act are affected by the Statutory Bodies Financial 1 Arrangements Act 1982. 2 482 Administration budget 3 (1) For each financial year, the authority must develop, adopt and 4 submit to the Minister an administration budget within the 5 time the Minister directs. 6 (2) An administration budget has no effect until approved by the 7 Minister. 8 (3) During a financial year the authority may develop, adopt and 9 submit to the Minister amendments to its administration 10 budget. 11 (4) An amendment has no effect until approved by the Minister. 12 Part 6 Other things about the 13 authority 14 483 Authority may enter into work performance arrangements 15 (1) The authority may enter into, and give effect to, a work 16 performance arrangement with-- 17 (a) the employing office; or 18 (b) the appropriate authority of another government entity. 19 (2) A work performance arrangement may make provision for all 20 matters necessary or convenient to be provided under the 21 arrangement. 22 (3) For example, a work performance arrangement may provide 23 for-- 24 (a) the appointment of a person to an office, and the holding 25 of the office by the person, for the arrangement; and 26 Page 308

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 6 Other things about the authority [s 484] (b) the authorising of a person to exercise powers for the 1 arrangement; and 2 (c) whether payment is to be made for work done under the 3 arrangement and, if so, what payment is to be made and 4 who is to make the payment. 5 (4) A person performing work for the authority under a work 6 performance arrangement entered into under subsection (1)-- 7 (a) is not employed by the authority; and 8 (b) remains an employee of the employing office, or an 9 employee of the other government entity whose 10 appropriate authority is a party to the arrangement. 11 (5) To remove any doubt, it is declared that the authority does not 12 have power to employ a person performing work for the 13 authority under a work performance arrangement entered into 14 under subsection (1). 15 484 Seal 16 Judicial notice must be taken of the imprint of the authority's 17 seal appearing on a document, and the document must be 18 presumed to have been properly sealed unless the contrary is 19 proved. 20 485 Application of certain Acts 21 The authority is-- 22 (a) a unit of public administration under the Crime and 23 Misconduct Act 2001; and 24 (b) a relevant EEO agency under the Public Service Act 25 2008, chapter 2. 26 486 Delegation 27 The authority may delegate its powers to a director or an 28 officer of the authority. 29 Page 309

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 10 Residential Tenancies Authority Part 7 Chief executive officer [s 487] Part 7 Chief executive officer 1 487 Chief executive officer 2 (1) The authority must have a chief executive officer (however 3 called). 4 (2) The chief executive officer is responsible for ensuring the 5 authority is managed as required by the policies of the board. 6 (3) The chief executive officer is appointed by the Governor in 7 Council. 8 (4) A director must not be appointed as chief executive officer. 9 (5) The chief executive officer is to be appointed under this Act 10 and not under the Public Service Act 2008. 11 (6) The chief executive officer holds office for the term (not 12 longer than 5 years) decided by the Governor in Council. 13 (7) The chief executive officer holds office on the conditions 14 (including conditions for remuneration, allowances and 15 remuneration when the appointment ends) fixed by the 16 authority. 17 488 Chief executive officer not to engage in other paid 18 employment 19 The chief executive officer must not, without the board's 20 approval-- 21 (a) engage in paid employment outside the duties of the 22 office of chief executive officer; or 23 (b) actively take part in the activities of a business, or in the 24 management of a corporation carrying on business. 25 Page 310

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 11 Residential Tenancies Employing Office Part 1 Establishment and functions of employing office [s 489] 489 Acting chief executive officer 1 The Governor in Council may appoint a person, who is 2 eligible for appointment as chief executive officer, to act in the 3 office of chief executive officer during-- 4 (a) any vacancy, or all vacancies, in the office; or 5 (b) any period, or all periods, when the chief executive 6 officer is absent from duty, or can not, for another 7 reason, perform the duties of the office. 8 490 Delegation by chief executive officer 9 (1) The chief executive officer may delegate the chief executive 10 officer's powers under this Act to another appropriately 11 qualified officer of the authority. 12 (2) In this section-- 13 appropriately qualified, for a power, means having 14 qualifications, experience or standing appropriate to exercise 15 the power. 16 Chapter 11 Residential Tenancies 17 Employing Office 18 Part 1 Establishment and functions of 19 employing office 20 491 Establishment of employing office 21 (1) The Residential Tenancies Employing Office is established. 22 (2) The employing office consists of-- 23 (a) the executive officer; and 24 Page 311

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 11 Residential Tenancies Employing Office Part 2 Executive officer [s 492] (b) the employees of the employing office. 1 (3) The employing office is a separate entity from the authority. 2 492 Employing office represents the State 3 (1) The employing office represents the State. 4 (2) Without limiting subsection (1), the employing office has the 5 status, privileges and immunities of the State. 6 493 Functions of employing office 7 (1) The main functions of the employing office are-- 8 (a) entering into, for the State, a work performance 9 arrangement with the authority under which employees 10 of the employing office perform work for the authority; 11 and 12 (b) employing, for the State, staff to perform work for the 13 authority under the work performance arrangement; and 14 (c) doing anything incidental to the discharge of the 15 functions mentioned in paragraphs (a) and (b). 16 (2) Also, the employing office has any other function conferred 17 on the employing office under this or another Act. 18 (3) This section does not limit the employing office's power to 19 enter into and give effect to a work performance arrangement 20 under section 498 with a government entity other than the 21 authority. 22 Part 2 Executive officer 23 494 Appointment of executive officer 24 (1) There is to be an executive officer of the employing office. 25 Page 312

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 11 Residential Tenancies Employing Office Part 3 Staff of employing office [s 495] (2) The executive officer is to be appointed by the Governor in 1 Council. 2 (3) The executive officer is appointed under this Act and not 3 under the Public Service Act 2008. 4 495 Executive officer acting for employing office 5 (1) The employing office acts through the executive officer. 6 (2) Anything done by the executive officer in the name of, or for, 7 the employing office is taken to have been done by the 8 employing office. 9 496 Delegation by executive officer 10 (1) The executive officer may delegate the executive officer's 11 powers under this Act to another appropriately qualified 12 officer of the employing office. 13 (2) In this section-- 14 appropriately qualified, for a power, means having 15 qualifications, experience or standing appropriate to exercise 16 the power. 17 Part 3 Staff of employing office 18 497 Employing office may employ staff 19 (1) The employing office may, for the State, employ staff. 20 (2) A person employed under subsection (1) is an employee of the 21 employing office. 22 (3) The employing office may decide the terms of employment of 23 the employees of the employing office. 24 Page 313

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 11 Residential Tenancies Employing Office Part 3 Staff of employing office [s 498] (4) Subsection (3) applies subject to any relevant industrial 1 instrument. 2 (5) Employees of the employing office are employed under this 3 Act and not under the Public Service Act 2008. 4 498 Employing office may enter into work performance 5 arrangements 6 (1) The employing office may, for the State, enter into and give 7 effect to a work performance arrangement with-- 8 (a) the authority; or 9 (b) the appropriate authority of another government entity. 10 (2) A work performance arrangement may make provision for all 11 matters necessary or convenient to be provided under the 12 arrangement. 13 (3) For example, a work performance arrangement may provide 14 for-- 15 (a) the appointment of a person to an office, and the holding 16 of the office by the person, for the arrangement; and 17 (b) the authorising of a person to exercise powers for the 18 arrangement; and 19 (c) whether payment is to be made for work done under the 20 arrangement and, if so, what payment is to be made and 21 who is to make the payment. 22 (4) A person performing work for the authority or other 23 government entity under a work performance arrangement 24 entered into under subsection (1)-- 25 (a) is not employed by the authority or other government 26 entity; and 27 (b) remains an employee of the employing office. 28 (5) To remove any doubt, it is declared that the authority or 29 another government entity does not have power to employ a 30 person performing work for the authority or other government 31 Page 314

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 11 Residential Tenancies Employing Office Part 4 Other provisions [s 499] entity under a work performance arrangement entered into 1 under subsection (1). 2 Part 4 Other provisions 3 499 Employing office is statutory body 4 (1) The employing office is a statutory body under-- 5 (a) the Financial Administration and Audit Act 1977; and 6 (b) the Statutory Bodies Financial Arrangements Act 1982. 7 (2) For applying the Financial Administration and Audit Act 1977 8 to the employing office as a statutory body-- 9 (a) the executive officer is taken to be the chairperson of the 10 employing office; and 11 (b) section 46G(4) of that Act is taken to require the 12 executive officer to consider the annual financial 13 statements and the auditor-general's report mentioned in 14 the subsection as soon as practicable after they are 15 received by the employing office; and 16 (c) section 46H of that Act is taken to require the executive 17 officer to consider any observations, suggestions or 18 comments given to the executive officer under section 19 93(4) of that Act as soon as practicable after the 20 executive officer receives them. 21 500 Application of Crime and Misconduct Act 2001 22 The employing office is a unit of public administration under 23 the Crime and Misconduct Act 2001. 24 Page 315

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 1 Application [s 501] Chapter 12 Legal proceedings 1 Part 1 Application 2 501 Application of ch 12 3 This chapter applies to a proceeding under this Act. 4 Part 2 Evidence 5 502 Appointments and authority 6 The following must be presumed unless a party to the 7 proceeding, by reasonable notice, requires proof of it-- 8 (a) the chief executive officer's appointment; 9 (b) an authorised person's appointment; 10 (c) the chairperson's appointment; 11 (d) the authority of the chief executive officer, an authorised 12 person or the chairperson, to do anything under this Act. 13 503 Signatures 14 A signature purporting to be the signature of the chief 15 executive officer, the chairperson or an authorised person is 16 evidence of the signature it purports to be. 17 504 Other evidentiary aids 18 (1) A certificate signed by the chief executive officer, the 19 chairperson or an authorised person, and stating any of the 20 following matters is evidence of the matter-- 21 Page 316

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 2 Evidence [s 505] (a) a stated document is-- 1 (i) an order, direction, requirement or decision, or a 2 copy of an order, direction, requirement or 3 decision, given or made under this Act; or 4 (ii) a notice, or a copy of a notice, given under this 5 Act; or 6 (iii) a record, or a copy of a record, kept under this Act; 7 or 8 (iv) a document, or a copy of a document, kept under 9 this Act; 10 (b) on a stated day, a stated person was given a stated 11 notice, order, requirement or direction under this Act. 12 (2) A certificate purporting to be signed by a registrar under the 13 Small Claims Tribunals Act 1973, stating that a stated 14 document is an order, or a copy of an order, made by a tribunal 15 under this Act, is evidence of the matter. 16 505 Statement of complainant's knowledge 17 In a complaint starting a proceeding, a statement that the 18 matter of complaint came to the complainant's knowledge on 19 a stated day is evidence of when the matter came to the 20 complainant's knowledge. 21 506 Condition reports for residential tenancy 22 (1) In a proceeding before a tribunal, a copy of a condition report 23 stating the condition of stated premises and its inclusions, is 24 evidence of the condition of the premises and inclusions-- 25 (a) if the report is signed by the tenant--when the report 26 was signed; or 27 (b) if the report is not signed by the tenant--when the report 28 was made. 29 Page 317

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 2 Evidence [s 507] (2) However, if the report is signed by the tenant and marked to 1 show the tenant's disagreement with the statement, the report 2 is evidence of the condition of the premises and inclusions 3 when the report was signed by the tenant only as far as its 4 contents are unmarked. 5 507 Condition report for rooming accommodation 6 (1) In a proceeding before a tribunal, a copy of a condition report 7 stating the condition of a room in rental premises and the 8 facilities in the room is evidence of the condition of the room 9 and facilities-- 10 (a) if the report is signed by the resident--when the report 11 was signed; or 12 (b) if the report is not signed by the resident--when the 13 report was made. 14 (2) However, if the report is signed by the resident and marked to 15 show the resident's disagreement with the statement, the 16 report is evidence of the condition of the room and facilities 17 when the report was signed by the resident only as far as its 18 contents are unmarked. 19 508 Rental bonds 20 In a proceeding, a certificate purporting to be signed for the 21 authority stating that at a stated time, or during a stated period, 22 the authority held, or did not hold, a rental bond for a stated 23 residential tenancy agreement or rooming accommodation 24 agreement is evidence of the matter stated. 25 509 Indications a resident has abandoned a room 26 (1) A tribunal may have regard to the matters stated in subsection 27 (2) in-- 28 (a) deciding under section 260(b) whether, at a particular 29 time, a provider held a reasonable belief that a resident 30 had abandoned the resident's room; or 31 Page 318

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 3 Proceedings [s 510] (b) deciding under section 366(5) whether, at a particular 1 time, a resident had abandoned the resident's room. 2 (2) Indications that a resident has abandoned the resident's room 3 include the following-- 4 (a) a failure of the resident to pay rent under the rooming 5 accommodation agreement; 6 (b) the presence at the rental premises of uncollected mail, 7 newspapers or other material for the resident; 8 (c) reports from other residents or other persons indicating 9 the resident has abandoned the room; 10 (d) the absence of household goods in the room; 11 (e) a failure of the resident to respond to a notice given to 12 the resident under chapter 4, part 2 about a proposed 13 entry to the room. 14 Part 3 Proceedings 15 510 Summary offences 16 (1) A proceeding for an offence against this Act must be taken in 17 a summary way under the Justices Act 1886. 18 (2) The proceeding must start within the later of the following 19 periods to end-- 20 (a) 1 year after the commission of the offence; 21 (b) 6 months after the offence comes to the complainant's 22 knowledge, but within 2 years after the commission of 23 the offence. 24 Page 319

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 3 Proceedings [s 511] 511 Attempts to commit offences 1 (1) A person who attempts to commit an offence against this Act 2 commits an offence. 3 Maximum penalty--half the maximum penalty for 4 committing the attempted offence. 5 (2) Section 4 of the Criminal Code applies to the attempt. 6 512 Responsibility for act or omission of representative 7 (1) This section applies in a proceeding for an offence against this 8 Act. 9 (2) If it is relevant to prove a person's state of mind about a 10 particular act or omission, it is enough to show-- 11 (a) the act was done or omitted to be done by a 12 representative of the person within the scope of the 13 representative's actual or apparent authority; and 14 (b) the representative had the state of mind. 15 (3) An act done or omitted to be done for a person by a 16 representative of the person within the scope of the 17 representative's actual or apparent authority is taken to have 18 been done or omitted to be done also by the person, unless the 19 person proves the person could not, by the exercise of 20 reasonable diligence, have prevented the act or omission. 21 (4) In this section-- 22 representative means-- 23 (a) for a corporation--an executive officer, employee or 24 agent of the corporation; or 25 (b) for an individual--an employee or agent of the 26 individual. 27 state of mind, of a person, includes-- 28 (a) the person's knowledge, intention, opinion, belief or 29 purpose; and 30 Page 320

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 12 Legal proceedings Part 3 Proceedings [s 513] (b) the person's reasons for the intention, opinion, belief or 1 purpose. 2 513 Executive officers must ensure corporation complies 3 with Act 4 (1) The executive officers of a corporation must ensure the 5 corporation complies with this Act. 6 (2) If a corporation commits an offence against a provision of this 7 Act, each of the corporation's executive officers also commits 8 an offence, namely, the offence of failing to ensure the 9 corporation complies with the provision. 10 Maximum penalty--the penalty for the contravention of the 11 provision by an individual. 12 (3) Evidence that the corporation has been convicted of an 13 offence against a provision of this Act is evidence that each of 14 the executive officers committed the offence of failing to 15 ensure the corporation complies with the provision. 16 (4) However, it is a defence for an executive officer to prove-- 17 (a) if the officer was in a position to influence the conduct 18 of the corporation in relation to the offence, the officer 19 exercised reasonable diligence to ensure the corporation 20 complied with the provision; or 21 (b) the officer was not in a position to influence the conduct 22 of the corporation in relation to the offence. 23 Page 321

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 514] Part 4 Offence about giving false or 1 misleading document to 2 authority 3 514 False or misleading documents 4 (1) A person must not give the authority a document containing 5 information that the person knows is false or misleading in a 6 material particular. 7 Maximum penalty--20 penalty units. 8 (2) Subsection (1) does not apply to a person if the person, when 9 giving the document-- 10 (a) tells the authority, to the best of the person's ability, how 11 it is false or misleading; and 12 (b) if the person has, or can reasonably obtain, the correct 13 information, gives the correct information. 14 (3) It is enough for a complaint for an offence against subsection 15 (1) to state that the document was false or misleading to the 16 person's knowledge. 17 Chapter 13 Miscellaneous 18 515 Authority may provide addresses to tribunal 19 (1) This section applies if-- 20 (a) an application is made to the tribunal; and 21 (b) the address of a party to the application is not provided 22 or the tribunal is satisfied the address provided for the 23 party is not the party's current address. 24 (2) The tribunal may request the authority to provide the tribunal 25 with the address for the party held by the authority. 26 Page 322

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 516] (3) The authority may provide the address requested to the 1 tribunal. 2 516 Applications for more than prescribed amount 3 (1) This section applies to an application if-- 4 (a) a provision of this Act provides that the application may 5 be made to a tribunal; and 6 (b) the application seeks the payment of an amount (the 7 application amount) greater than the prescribed amount 8 under the Small Claims Tribunals Act 1973, section 9 4(1). 10 (2) In a provision of this Act about the application, a reference to 11 a tribunal is taken to be a reference to a court with jurisdiction 12 for the application amount. 13 (3) A provision of this Act about the application applies with 14 necessary changes as if the tribunal were the court. 15 517 Protection from liability 16 (1) In this section-- 17 official means-- 18 (a) the chief executive officer; and 19 (b) an authorised person; and 20 (c) an employee of the employing office or of another 21 government entity who performs work for the authority 22 under a work performance arrangement; and 23 (d) an employee of the authority; and 24 (e) a person acting under the direction of the chief executive 25 officer or an authorised person. 26 (2) An official does not incur civil liability for an act or omission 27 done honestly and without negligence under this Act. 28 (3) A liability that would, apart from this section, attach to an 29 official attaches instead to the State. 30 Page 323

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 518] 518 Disclosure of interests 1 (1) This section applies to a relevant employee if-- 2 (a) the employee, or a person who, under a regulation, is 3 related to the employee, has a direct or indirect financial 4 interest in an issue being decided, or about to be decided 5 by the authority (whether or not under a delegation from 6 the authority); and 7 (b) the interest could conflict with the proper performance 8 of the employee's duties about the decision. 9 (2) As soon as practicable after the employee becomes aware of 10 the facts causing this section to apply to the employee, the 11 employee must disclose the nature of the interest to the 12 authority. 13 (3) In this section-- 14 relevant employee means-- 15 (a) an employee of the employing office or of another 16 government entity who performs work for the authority 17 under a work performance arrangement; or 18 (b) an employee of the authority. 19 519 Approved forms 20 The chief executive officer may approve forms for use under 21 this Act. 22 520 Regulation-making power 23 (1) The Governor in Council may make regulations under this 24 Act. 25 (2) A regulation may-- 26 (a) impose a fee; or 27 (b) impose a penalty of not more than 20 penalty units for a 28 contravention of a regulation. 29 Page 324

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 521] 521 Non-application of Act to long-term leases on Hamilton 1 Island 2 (1) From the commencement day, this Act does not apply to a 3 long-term lease entered into in relation to premises on 4 Hamilton Island even if the lease is for, or for purposes that 5 include, residential purposes. 6 (2) To remove any doubt, it is declared that subsection (1) does 7 not apply to a sublease of a long-term lease mentioned in 8 subsection (1) if the sublease is not a long-term lease. 9 (3) This section applies to a long-term lease mentioned in 10 subsection (1) even if the lease was entered into before the 11 commencement day. 12 (4) In this section-- 13 commencement day means the day this section commences. 14 long-term lease means a lease or sublease for a term, 15 including renewal options, of at least 99 years. 16 sublease includes a sub-sublease and sub-sub-sublease. 17 522 Non-application of Act to long-term leases for Hayman 18 Island 19 (1) From the commencement day, this Act does not apply to a 20 long-term lease entered into in relation to premises on 21 Hayman Island even if the lease is for, or for purposes that 22 include, residential purposes. 23 (2) To remove any doubt, it is declared that subsection (1) does 24 not apply to a sublease of a long-term lease mentioned in 25 subsection (1) if the sublease is not a long-term lease. 26 (3) This section applies to a long-term lease mentioned in 27 subsection (1) even if the lease was entered into before the 28 commencement day. 29 (4) In this section-- 30 commencement day means the day this section commences. 31 Page 325

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 523] long-term lease means a lease or sublease for a term, 1 including renewal options, of at least 99 years. 2 sublease includes a sub-sublease and sub-sub-sublease. 3 523 Non-application of Act to long-term leases for Pacific 4 Mirage 5 (1) From the commencement day, this Act does not apply to a 6 long-term lease entered into in relation to premises within 7 Pacific Mirage land even if the lease is for, or for purposes 8 that include, residential purposes. 9 (2) To remove any doubt, it is declared that subsection (1) does 10 not apply to a sublease of a long-term lease mentioned in 11 subsection (1) if the sublease is not a long-term lease. 12 (3) This section applies to a long-term lease mentioned in 13 subsection (1) even if the lease was entered into before the 14 commencement day. 15 (4) In this section-- 16 commencement day means the day this section commences. 17 long-term lease means a lease or sublease for a term, 18 including renewal options, of at least 99 years. 19 Pacific Mirage means Perpetual Suburban Lease No. 06/2508 20 N. C. L. Part A situated in the County of Ward, Parish of 21 Gilston, District of Brisbane, described at Lot 286 on Plan Wd 22 6317, containing 7796m2 more or less. 23 sublease includes a sub-sublease and sub-sub-sublease. 24 524 Non-application of Act to long-term leases within 25 prescribed land 26 (1) This Act does not apply to a long-term lease entered into in 27 relation to premises within prescribed land even if the lease is 28 for, or for purposes that include, residential purposes. 29 (2) To remove any doubt, it is declared that, subsection (1) does 30 not apply to a sublease of a long-term lease entered into in 31 Page 326

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 525] relation to premises within prescribed land if the sublease is 1 not a long-term lease. 2 (3) This section applies to a long-term lease entered into in 3 relation to premises within prescribed land even if the lease 4 was entered into before the commencement of the regulation 5 under which the land became prescribed land. 6 (4) In this section-- 7 long-term lease means a lease or sublease for a term, 8 including renewal options, of at least 99 years. 9 prescribed land means land prescribed under a regulation. 10 sublease includes a sub-sublease and sub-sub-sublease. 11 525 Giving notice to resident with impaired or limited 12 capacity 13 (1) This section applies if-- 14 (a) the provider for rooming accommodation knows that 1 15 or more administrators for a financial matter have been 16 appointed under the Guardianship and Administration 17 Act 2000 for a resident of the rooming accommodation; 18 or 19 (b) the provider for rooming accommodation-- 20 (i) reasonably considers a resident of the rooming 21 accommodation is a person with impaired capacity 22 for a financial matter; and 23 (ii) knows that 1 or more attorneys for a financial 24 matter have been appointed by the resident under 25 an enduring power of attorney under the Powers of 26 Attorney Act 1998; or 27 (c) a resident, or a person acting for a resident, gives the 28 provider for rooming accommodation written notice-- 29 (i) that the resident has limited capacity to manage the 30 resident's affairs because of language, literacy or 31 other factors; and 32 Page 327

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 526] (ii) in that notice appoints a person to act for the 1 resident in matters arising under the agreement. 2 (2) If subsection (1)(a) or (b) applies and a provision of this Act 3 requires the provider to give a notice to the resident-- 4 (a) the provider must instead give the notice to the person 5 appointed or, if more than 1 person has been appointed, 6 to any 1 of the persons appointed; and 7 (b) the giving of a notice under paragraph (a) is sufficient 8 compliance with the provision. 9 (3) If subsection (1)(c) applies and a provision of this Act 10 requires the provider to give a notice to the resident-- 11 (a) the provider must give the notice to the both the resident 12 and the person appointed; and 13 (b) notice under paragraph (a) must be given for compliance 14 with the provision to be sufficient. 15 (4) In this section-- 16 financial matters see the Guardianship and Administration 17 Act 2000, schedule 2, section 1. 18 person with impaired capacity, for a financial matter, means a 19 person who is incapable of-- 20 (a) understanding the nature and effect of decisions about 21 the matter; or 22 (b) freely and voluntarily making decisions about the 23 matter; or 24 (c) communicating the decisions in some way. 25 526 Reporting a matter relating to the Residential Services 26 (Accreditation) Act 27 (1) This section applies to a person if-- 28 (a) the person is an authorised person, a public service 29 officer in the department or an officer of the authority; 30 and 31 Page 328

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 13 Miscellaneous [s 527] (b) in the course of carrying out a function or exercising a 1 power under this Act, the person becomes aware of a 2 matter that the person reasonably believes is a 3 contravention of the Residential Services 4 (Accreditation) Act 2002 or is relevant to a decision 5 under that Act about the registration or accreditation of a 6 residential service. 7 (2) The person must report the matter to the chief executive of the 8 department within which that Act is administered, unless-- 9 (a) the person knows, or reasonably supposes, that the chief 10 executive of that department is aware of the matter; or 11 (b) the person reasonably believes the matter is a trivial 12 contravention of the Residential Services 13 (Accreditation) Act 2002 or of minor relevance to a 14 decision under that Act about the registration or 15 accreditation of a residential service. 16 527 Confidentiality 17 (1) This section applies to a person-- 18 (a) who is, or has been, the chief executive officer, a 19 member of the authority's board of directors, an 20 employee of the authority or the employing office, or an 21 authorised person; and 22 (b) who, in the course of administering this Act or because 23 of opportunity provided by involvement in 24 administering this Act-- 25 (i) acquired confidential information about someone 26 else; or 27 (ii) gained access to a document containing 28 confidential information about someone else. 29 (2) The person must not make a record of the information, 30 disclose the information to anyone else or give access to the 31 document containing the information to anyone else, other 32 than-- 33 Page 329

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 1 Repeal provisions [s 528] (a) for a purpose of this Act; or 1 (b) with the consent of the person to whom the information 2 relates; or 3 (c) in compliance with lawful process requiring production 4 of documents or giving of evidence before a court or 5 tribunal; or 6 (d) as expressly permitted or required by another Act. 7 Maximum penalty--50 penalty units. 8 (3) In this section-- 9 confidential information means information about a person's 10 affairs, including the person's criminal history, but does not 11 include-- 12 (a) information that is publicly available; or 13 (b) statistical or other information that could not reasonably 14 be expected to result in the identification of the person 15 to whom it relates. 16 Chapter 14 Repeal, savings and 17 transitional provisions 18 Part 1 Repeal provisions 19 528 Repeal of Residential Tenancies Act 1994 20 The Residential Tenancies Act 1994 No. 86 is repealed. 21 Page 330

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 529] 529 Repeal of Residential Services (Accommodation) Act 1 2002 2 The Residential Services (Accommodation) Act 2002 No. 19 3 is repealed. 4 Part 2 Savings and transitional 5 provisions 6 Division 1 Interpretation 7 530 Definitions for pt 2 8 In this part-- 9 commencement means the day on which the provision in 10 which the word is used commences. 11 corresponding provision, for a previous provision, means a 12 provision of this Act that is substantially the same as the 13 previous provision. 14 existing agreement means-- 15 (a) a residential tenancy agreement under the Residential 16 Tenancies Act 1994, in force at the commencement, that 17 is a residential tenancy agreement under this Act; or 18 (b) a residential service agreement under the Residential 19 Services (Accommodation) Act 2002, in force at the 20 commencement, that is either of the following under this 21 Act-- 22 (i) a rooming accommodation agreement; 23 (ii) a residential tenancy agreement. 24 Page 331

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 531] previous provision means a provision of either of the 1 following as in force immediately before the 2 commencement-- 3 (a) the Residential Tenancies Act 1994; 4 (b) the Residential Services (Accommodation) Act 2002. 5 repealed Act means either of the following in force 6 immediately before the commencement-- 7 (a) the Residential Tenancies Act 1994; 8 (b) the Residential Services (Accommodation) Act 2002. 9 Division 2 Transitional references 10 531 Application of div 2 11 This division applies to references in Acts or documents in 12 existence at the commencement. 13 532 References to Residential Tenancies Act 1994 14 In an Act or document, a reference to the Residential 15 Tenancies Act 1994 may, if the context permits, be taken as a 16 reference to this Act. 17 533 References to Residential Services (Accommodation) Act 18 2002 19 In an Act or document, a reference to the Residential Services 20 (Accommodation) Act 2002 may, if the context permits, be 21 taken as a reference to this Act. 22 Page 332

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 534] Division 3 The authority 1 534 Authority continues under this Act 2 The Residential Tenancies Authority established under the 3 Residential Tenancies Act 1994 continues under this Act. 4 535 Continuation of appointment of chief executive officer 5 (1) The chief executive officer of the authority immediately 6 before the commencement continues as the chief executive 7 officer of the authority for the balance of the chief executive 8 officer's term of appointment by the Governor in Council. 9 (2) The chief executive officer continues to hold office on the 10 conditions fixed by the authority. 11 (3) The chief executive officer continues to be appointed under 12 this Act and not under the Public Service Act 2008. 13 536 Existing employees of authority 14 (1) An employee of the authority immediately before the 15 commencement continues as an employee of the authority. 16 (2) The employee remains entitled to all existing and accruing 17 rights of employment. 18 (3) The employee continues to be appointed under this Act and 19 not under the Public Service Act 2008. 20 Division 4 The authority's board 21 537 The board 22 (1) The chairperson and directors of the authority's board 23 immediately before the commencement continue as 24 chairperson and directors of the board after the 25 commencement. 26 Page 333

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 538] (2) The chairperson and directors continue for the balance of the 1 term of each member's appointment on the conditions 2 applying to appointment. 3 Division 5 Employing office 4 538 Employing office continues under this Act 5 The employing office established under the Residential 6 Tenancies Act 1994 continues under this Act. 7 539 Continuation of appointment of executive officer 8 (1) The executive officer of the employing office immediately 9 before the commencement continues as the executive officer 10 of the employing office for the balance of the executive 11 officer's term of appointment by the Governor in Council. 12 (2) The executive officer continues to be appointed under this Act 13 and not under the Public Service Act 2008. 14 540 Existing employees of employing office 15 (1) An employee of the employing office immediately before the 16 commencement continues as an employee of the employing 17 office. 18 (2) The employee remains entitled to all existing and accruing 19 rights of employment. 20 (3) The employee continues to be appointed under this Act and 21 not under the Public Service Act 2008. 22 Page 334

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 541] Division 6 Authorised persons and 1 conciliators 2 541 Authorised persons 3 A person who held an appointment as an authorised person 4 under the Residential Tenancies Act 1994 immediately before 5 the commencement is taken to hold the appointment under 6 this Act. 7 542 Conciliators 8 A person who held an appointment as a conciliator under the 9 Residential Tenancies Act 1994 immediately before the 10 commencement is taken to hold the appointment under this 11 Act. 12 Division 7 Existing agreements 13 543 Existing agreements continue under this Act 14 (1) This section applies to an existing agreement if the existing 15 agreement continues after the commencement. 16 (2) The existing agreement is taken to continue under this Act and 17 the provisions of this Act apply to the agreement-- 18 (a) for a residential tenancy agreement under the 19 Residential Tenancies Act 1994 that is a residential 20 tenancy agreement under this Act--as a residential 21 tenancy agreement under this Act; or 22 (b) for a residential service agreement under the Residential 23 Services (Accommodation) Act 2002 that is a rooming 24 accommodation agreement under this Act--as a 25 rooming accommodation agreement under this Act; or 26 (c) for a residential service agreement under the Residential 27 Services (Accommodation) Act 2002 that is a residential 28 Page 335

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 544] tenancy agreement under this Act--as a residential 1 tenancy agreement under this Act. 2 Example for subsection (2)-- 3 An existing agreement is taken to include the standard terms prescribed 4 after commencement and the duties and obligations imposed, or 5 entitlements given, under this Act. 6 (3) Despite subsection (2), parties to the existing agreement do 7 not have to enter into a new written agreement under this Act 8 for the existing agreement. 9 (4) Also despite subsection (2), the provisions of this Act do not 10 apply to a process started by notice, application or request 11 under a repealed Act. 12 Note-- 13 Section 549 states that a process started by a person by giving a notice or 14 making an application or request under a repealed Act before the 15 commencement must be completed or continued under the repealed Act. 16 Division 8 Agreements to which repealed Acts 17 would not have applied 18 544 Agreements to which repealed Acts did not apply or 19 would not have applied 20 (1) This section applies to an agreement, whether entered into 21 before or after the commencement (a prescribed agreement), 22 if-- 23 (a) a repealed Act did not apply, or would not have applied, 24 to the agreement; and 25 (b) the agreement is an agreement to which this Act would 26 apply except for this section. 27 (2) The provisions of this Act do not apply to the prescribed 28 agreement until a day prescribed by regulation. 29 (3) Despite subsection (2), the provisions of this Act apply to a 30 prescribed agreement if-- 31 Page 336

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 545] (a) the agreement is entered into between the 1 commencement and the day prescribed under subsection 2 (2); and 3 (b) the agreement states that it is made under this Act. 4 Division 9 Rental bonds 5 545 Existing rental bonds 6 An amount that was a rental bond under the Residential 7 Tenancies Act 1994 or Residential Services (Accommodation) 8 Act 2002 immediately before the commencement is taken to 9 be a rental bond under this Act. 10 546 Rental bond held for agreements to which repealed Acts 11 did not apply or would not have applied 12 (1) This section applies to a person who holds a rental bond for an 13 agreement on the day prescribed by regulation if-- 14 (a) a repealed Act did not apply, or would not have applied, 15 to the agreement; and 16 (b) the agreement is an agreement to which this Act would 17 apply but for section 544(2). 18 (2) For section 116, the person is taken to have received the rental 19 bond on the day prescribed under subsection (1). 20 (3) This section does not apply to an agreement mentioned in 21 section 547. 22 547 Rental bonds held for premises or rooming 23 accommodation on university campus 24 (1) This section applies to the following agreements (each a 25 prescribed agreement)-- 26 Page 337

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 548] (a) a residential tenancy agreement for premises within the 1 external boundary of a university's campus mentioned 2 in section 33(1)(b); 3 (b) a rooming accommodation agreement for a room in 4 rental premises within the external boundary of a 5 university's campus mentioned in section 44(1)(f). 6 (2) The provisions of this Act that apply to a prescribed 7 agreement do not apply until a day prescribed by regulation. 8 (3) If a person holds a rental bond for a prescribed agreement on 9 the day prescribed under subsection (2), the person is taken, 10 for section 116, to have received the rental bond on that day. 11 548 Payment of rental bond held when agreement under 12 s 544(3) entered into 13 (1) Subsection (2) applies if a person holds a rental bond when an 14 agreement mentioned in section 544(3) is entered into. 15 (2) For section 116, the person is taken to have received the rental 16 bond on the day the agreement is entered into. 17 Editor's note-- 18 See section 116 (Duty to pay rental bond). 19 Division 10 Notices given, or applications or 20 requests made, by parties to 21 agreements 22 549 Notices given, or applications or requests made, under 23 repealed Act continue under that Act 24 (1) This section applies to a process started by a person by giving 25 a notice or making an application or request under a repealed 26 Act before the commencement. 27 Page 338

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 549] (2) If the person decides to continue the process it must be 1 continued and completed under the repealed Act despite its 2 repeal. 3 (3) Without limiting subsection (1), a notice, application or 4 request includes the following-- 5 (a) an entry notice; 6 (b) a dispute resolution request given to the authority; 7 (c) a notice to remedy breach; 8 (d) a notice to leave; 9 (e) a notice of intention to leave; 10 (f) a notice given by a party to a rooming accommodation 11 agreement terminating the agreement; 12 (g) a notice by a mortgagee informing a tenant or resident 13 that possession is to be obtained; 14 (h) an abandonment termination notice; 15 (i) an application to a tribunal; 16 (j) an application for payment of a rental bond. 17 Examples for this section-- 18 1 A lessor gives a tenant a notice to remedy breach under the 19 Residential Tenancies Act 1994 before the commencement and the 20 period under the notice to remedy breach expires after the 21 commencement. If the tenant does not remedy the breach, the lessor 22 may give the tenant a notice to leave under the Residential 23 Tenancies Act 1994. If the tenant does not hand over possession, the 24 lessor may apply to the tribunal for a termination order under the 25 Residential Tenancies Act 1994 despite its repeal. 26 2 A party to an agreement makes a dispute resolution request before 27 the commencement but conciliation does not take place before the 28 commencement. Any conciliation process for the dispute and any 29 subsequent application to the tribunal after the commencement 30 continues under the Residential Tenancies Act 1994 despite its 31 repeal. 32 3 A lessor gives an entry notice to a tenant under section 109(a) of the 33 Residential Tenancies Act 1994 before the commencement. The 34 entry notice specifies the minimum notice period of 7 days under 35 Page 339

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 14 Repeal, savings and transitional provisions Part 2 Savings and transitional provisions [s 550] section 110 of the Residential Tenancies Act 1994. The entry and 1 any application to the tribunal relating to the entry continues under 2 the Residential Tenancies Act 1994 despite its repeal. 3 550 Notices given, or applications or requests made, under 4 this Act for matters happening before commencement 5 Nothing prevents a person giving a notice, or making an 6 application or request under this Act, for a matter that 7 happened before the commencement. 8 Example-- 9 A lessor or tenant gives the other a notice to remedy breach after the 10 commencement under this Act for damage to premises that happened 11 before the commencement. 12 Division 11 Other transitional provisions 13 551 Period stated in previous provision 14 (1) This section applies if, in a previous provision, there is a 15 period for doing something, and the period for doing the thing 16 started before the commencement. 17 (2) If there is a corresponding provision to the previous provision 18 and both the corresponding provision and the previous 19 provision state the same period, the period for the thing 20 continues under the corresponding provision and is taken to 21 have started from when the period started under the previous 22 provision. 23 Example-- 24 Section 59 of the Residential Tenancies Act 1994 and section 116 of this 25 Act each state that a person who receives a rental bond must pay it to the 26 authority within 10 days of receiving it. If a person receives a rental 27 bond less than 10 days before the commencement of this Act the time 28 for paying the rental bond to the authority continues to run after the 29 commencement of this Act. 30 (3) However, this section does not apply to a process mentioned 31 in section 549. 32 Page 340

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 15 Consequential amendments [s 552] Note-- 1 Section 549 states that a process started by a person by giving a notice, 2 or making an application or request, under a repealed Act before 3 commencement must be completed or continued under the repealed Act. 4 552 Transitional regulations 5 (1) A regulation may make provision about a matter for which-- 6 (a) it is necessary or convenient to assist the transition-- 7 (i) from the operation of the Residential Tenancies Act 8 1994 to the operation of this Act; or 9 (ii) from the operation of the Residential Services 10 (Accommodation) Act 2002 to the operation of this 11 Act; or 12 (iii) to the operation of this Act for an agreement to 13 which a repealed Act did not apply or would not 14 have applied; and 15 (b) this Act does not make provision or enough provision. 16 (2) A regulation under subsection (1) may be given retrospective 17 operation to a day not earlier than the commencement. 18 (3) This section expires 1 year after the commencement. 19 Chapter 15 Consequential amendments 20 553 Acts amended 21 Schedule 1 amends the Acts and regulations mentioned in it. 22 Page 341

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Chapter 15 Consequential amendments [s 554] 554 Amendment of regulations does not affect powers of 1 Governor in Council 2 The amendment of a regulation in schedule 1 does not affect 3 the power of the Governor in Council to further amend the 4 regulation or to repeal it. 5 Page 342

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Schedule 1 Consequential amendments 1 section 553 2 Aboriginal and Torres Strait Islander Communities 3 (Justice, Land and Other Matters) Act 1984 4 1 Section 27, definition residential premises-- 5 omit, insert-- 6 `residential premises see the Residential Tenancies and 7 Rooming Accommodation Act 2008, section 10.'. 8 2 Section 27, definition tenant, paragraph (a)-- 9 omit, insert-- 10 `(a) if the premises are let under the Residential Tenancies 11 and Rooming Accommodation Act 2008--the tenant, of 12 the premises, within the meaning of that term in section 13 13(1) of that Act; or'. 14 3 Section 28(7)(a), `Residential Tenancies Act 1994, section 15 9(1)'-- 16 omit, insert-- 17 `Residential Tenancies and Rooming Accommodation Act 2008, 18 section 13(1)'. 19 Page 343

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Aboriginal Land Act 1991 1 1 Section 136B, heading, `Residential Tenancies Act 2 1994'-- 3 omit, insert-- 4 `Residential Tenancies and Rooming Accommodation Act 5 2008'. 6 2 Section 136B, `Residential Tenancies Act 1994'-- 7 omit, insert-- 8 `Residential Tenancies and Rooming Accommodation Act 2008'. 9 3 Schedule, definition residential tenancy agreement-- 10 omit, insert-- 11 `residential tenancy agreement means a residential tenancy 12 agreement under the Residential Tenancies and Rooming 13 Accommodation Act 2008.'. 14 Building Fire Safety Regulation 2008 15 1 Schedule 3, definition tenant-- 16 omit, insert-- 17 `tenant see the Residential Tenancies and Rooming 18 Accommodation Act 2008, section 13.'. 19 Page 344

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Commission for Children and Young People and Child 1 Guardian Act 2000 2 1 Schedule 4, definition child accommodation service, 3 paragraph (b), `Residential Tenancies Act 1994'-- 4 omit, insert-- 5 `Residential Tenancies and Rooming Accommodation Act 2008'. 6 Domestic and Family Violence Protection Act 1989 7 1 Section 38(4)(b) and (5), `Residential Tenancies Act 8 1994'-- 9 omit, insert-- 10 `Residential Tenancies and Rooming Accommodation Act 2008'. 11 2 Section 62A(1) and (6)(a), `Residential Tenancies Act 12 1994, section 150, 188 or 190'-- 13 omit, insert-- 14 `Residential Tenancies and Rooming Accommodation Act 2008, 15 sections 245, 321 or 323'. 16 3 Schedule, definition tenancy application, paragraph (a), 17 `Residential Tenancies Act 1994, section 150, 188 or 18 190'-- 19 omit, insert-- 20 `Residential Tenancies and Rooming Accommodation Act 2008, 21 sections 245, 321 or 323'. 22 Page 345

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Domestic Building Contracts Act 2000 1 1 Section 13(6), definition caravan-- 2 omit, insert-- 3 `caravan means a caravan under the Residential Tenancies 4 and Rooming Accommodation Act 2008.'. 5 Education (General Provisions) Act 2006 6 1 Section 53(3), definition caravan-- 7 omit, insert-- 8 `caravan means a caravan under the Residential Tenancies 9 and Rooming Accommodation Act 2008.'. 10 Electrical Safety Regulation 2002 11 1 Section 80A(7), definition residential tenancy 12 agreement-- 13 omit, insert-- 14 `residential tenancy agreement has the meaning given by the 15 Residential Tenancies and Rooming Accommodation Act 16 2008.'. 17 2 Section 211AA(2), definition Residential Tenancy 18 Authority-- 19 omit, insert-- 20 `Residential Tenancy Authority means the authority 21 continued in existence under the Residential Tenancies and 22 Rooming Accommodation Act 2008, section 465.'. 23 Page 346

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Family Responsibilities Commission Act 2008 1 1 Section 44(7), definition remedy notice-- 2 omit, insert-- 3 `remedy notice means a notice to remedy breach for a 4 residential tenancy under the Residential Tenancies and 5 Rooming Accommodation Act 2008.'. 6 2 Schedule, dictionary, definition residential tenancy 7 agreement-- 8 omit, insert-- 9 `residential tenancy agreement means a residential tenancy 10 agreement under the Residential Tenancies and Rooming 11 Accommodation Act 2008.'. 12 Fire and Rescue Service Act 1990 13 1 Section 104RA, definition information statement, 14 `Residential Tenancies Act 1994, section 43'-- 15 omit, insert-- 16 `Residential Tenancies and Rooming Accommodation Act 2008, 17 section 67'. 18 2 Section 104RA, definitions lessor and tenant, `Residential 19 Tenancies Act 1994'-- 20 omit, insert-- 21 `Residential Tenancies and Rooming Accommodation Act 2008'. 22 Page 347

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Housing Act 2003 1 1 Section 19(4), example, `Residential Tenancies Act 2 1994'-- 3 omit, insert-- 4 `Residential Tenancies and Rooming Accommodation Act 2008'. 5 2 Sections 41(1)(b) and 68(b)(iii), `Residential Tenancies 6 Act 1994, section 103(2)(b) to (d) or (3)(a) to (c)'-- 7 omit, insert-- 8 `Residential Tenancies and Rooming Accommodation Act 2008, 9 section 185(2)(b) to (d) or (3)(a) to (c)'. 10 3 Section 50(1)(a), (1)(b) example 1 and (2) first mention, 11 `Residential Tenancies Act 1994'-- 12 omit, insert-- 13 `Residential Tenancies and Rooming Accommodation Act 2008'. 14 4 Section 50(1)(b), example 2, `Residential Tenancies Act 15 1994, chapter 4, part 2'-- 16 omit, insert-- 17 `Residential Tenancies and Rooming Accommodation Act 2008, chapter 5, part 18 1, division 2'. 19 5 Section 50(2), note, `Residential Tenancies Act 1994, 20 section 14A'-- 21 omit, insert-- 22 `Residential Tenancies and Rooming Accommodation Act 2008, section 24'. 23 Page 348

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 6 Schedule 3, definition residential tenancy agreement-- 1 omit, insert-- 2 `residential tenancy agreement see the Residential Tenancies 3 and Rooming Accommodation Act 2008, section 12.'. 4 Housing Regulation 2003 5 1 Section 33, heading, `Residential Tenancies Act'-- 6 omit, insert-- 7 `Residential Tenancies and Rooming Accommodation Act'. 8 2 Sections 33 and 35(1), `Residential Tenancies Act 1994'-- 9 omit, insert-- 10 `Residential Tenancies and Rooming Accommodation Act 2008'. 11 3 Section 36(2), `Residential Tenancies Act 1994, section 12 103(2)(b) to (d) and (3)(a) to (c)'-- 13 omit, insert-- 14 `Residential Tenancies and Rooming Accommodation Act 2008, 15 section 185(2)(b) to (d) and (3)(a) to (c)'. 16 4 Schedule 5, definition residential tenancy agreement, 17 paragraphs (a) and (b)-- 18 omit, insert-- 19 `(a) has the meaning given by the Residential Tenancies and 20 Rooming Accommodation Act 2008, section 12; and 21 (b) includes a residential tenancy agreement mentioned in 22 the Residential Tenancies and Rooming Accommodation 23 Act 2008, section 42.'. 24 Page 349

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Land Act 1994 1 1 Section 339A, paragraph (b), examples, first dot point-- 2 omit, insert-- 3 ` Residential Tenancies and Rooming Accommodation Act 4 2008'. 5 Land Tax Act 1915 6 1 Section 13(5), definition caravan-- 7 omit, insert-- 8 `caravan see the Residential Tenancies and Rooming 9 Accommodation Act 2008, section 7.'. 10 Liquor Act 1992 11 1 Section 168B(6), definition residential premises-- 12 omit, insert-- 13 `residential premises see the Residential Tenancies and 14 Rooming Accommodation Act 2008, section 10.'. 15 Page 350

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Local Government Act 1993 1 1 Section 1193ZZW(3)(b), `Residential Tenancies Act 2 1994'-- 3 omit, insert-- 4 `Residential Tenancies and Rooming Accommodation Act 2008'. 5 Manufactured Homes (Residential Parks) Act 2003 6 1 Schedule 2, definition caravan-- 7 omit, insert-- 8 `caravan see the Residential Tenancies and Rooming 9 Accommodation Act 2008, section 7.'. 10 Police Powers and Responsibilities Act 2000 11 1 Section 611-- 12 omit, insert-- 13 `611 Attendance at rental premises while person or property is 14 removed 15 `(1) At the request of a provider, a police officer may enter and 16 stay in a person's room in rental premises while the provider, 17 or someone helping the provider, exercises a power under the 18 Residential Tenancies and Rooming Accommodation Act 19 2008, section 375 to remove the person or the person's 20 property from the rental premises. 21 `(2) Subsection (1) does not limit any other power of the police 22 officer under another Act or law. 23 Page 351

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 `(3) In this section-- 1 provider see the Residential Tenancies and Rooming 2 Accommodation Act 2008, schedule 2. 3 rental premises see the Residential Tenancies and Rooming 4 Accommodation Act 2008, schedule 2.'. 5 2 Schedule 6, definition moveable dwelling park-- 6 omit, insert-- 7 `moveable dwelling park see the Residential Tenancies and 8 Rooming Accommodation Act 2008, schedule 2'. 9 Police Powers and Responsibilities Regulation 2000 10 1 Schedule 3, `Residential Tenancies Act 1994'-- 11 omit, insert-- 12 `Residential Tenancies and Rooming Accommodation Act 2008'. 13 Property Agents and Motor Dealers Act 2000 14 1 Section 9(4), definitions affordable housing scheme and 15 approved supported accommodation-- 16 omit, insert-- 17 `affordable housing scheme see the Residential Tenancies 18 and Rooming Accommodation Act 2008, schedule 2. 19 approved supported accommodation see the Residential 20 Tenancies and Rooming Accommodation Act 2008, schedule 21 2.'. 22 Page 352

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 2 Section 125(3), `service provider'-- 1 omit, insert-- 2 `provider'. 3 3 Section 125(3), `a residential service'-- 4 omit, insert-- 5 `rooming accommodation'. 6 4 Section 160(4)(b), `service provider'-- 7 omit, insert-- 8 `provider'. 9 5 Section 169(4)(b), `a residential service'-- 10 omit, insert-- 11 `rooming accommodation'. 12 6 Schedule 2, definition residential service-- 13 omit, insert-- 14 `rooming accommodation see the Residential Tenancies and 15 Rooming Accommodation Act 2008, schedule 2.'. 16 7 Schedule 2, definition service provider-- 17 omit, insert-- 18 `provider see the Residential Tenancies and Rooming 19 Accommodation Act 2008, schedule 2.'. 20 Page 353

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Property Agents and Motor Dealers (Auctioneering 1 Practice Code of Conduct) Regulation 2001 2 1 Schedule, section 3, definition holiday purposes-- 3 omit, insert-- 4 `holiday purposes has the meaning given by the Residential 5 Tenancies and Rooming Accommodation Act 2008, section 6 31.'. 7 Property Agents and Motor Dealers (Real Estate 8 Agency Practice Code of Conduct) Regulation 2001 9 1 Schedule, section 3, definition holiday purposes-- 10 omit, insert-- 11 `holiday purposes has the meaning given by the Residential 12 Tenancies and Rooming Accommodation Act 2008, section 13 31.'. 14 Property Agents and Motor Dealers (Restricted Letting 15 Agency Practice Code of Conduct) Regulation 2001 16 1 Schedule, section 3, definition holiday purposes-- 17 omit, insert-- 18 `holiday purposes has the meaning given by the Residential 19 Tenancies and Rooming Accommodation Act 2008, section 20 31.'. 21 Page 354

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Public Service Regulation 2008 1 1 Schedule 1, column 1, item 11, `Residential Tenancies Act 2 1994'-- 3 omit, insert-- 4 `Residential Tenancies and Rooming Accommodation Act 2008'. 5 Residential Services (Accreditation) Act 2002 6 1 Schedule 2, definition accommodation Act, `Residential 7 Services (Accommodation) Act 2002'-- 8 omit, insert-- 9 `Residential Tenancies and Rooming Accommodation Act 2008'. 10 2 Schedule 2, definition chief executive officer, `Residential 11 Tenancies Act 1994'-- 12 omit, insert-- 13 `Residential Tenancies and Rooming Accommodation Act 2008'. 14 Small Claims Tribunal Act 1973 15 1 Section 4(1), definition tenancy application, `Residential 16 Tenancies Act 1994 or the Residential Services 17 (Accommodation) Act 2002'-- 18 omit, insert-- 19 `Residential Tenancies and Rooming Accommodation Act 2008'. 20 Page 355

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 2 Section 20(2)(c) and (d)-- 1 omit, insert-- 2 `(c) for a tenancy application under the Residential 3 Tenancies and Rooming Accommodation Act 2008--an 4 order a tribunal may make under that Act; or'. 5 3 Section 33(1A)(a), `Residential Tenancies Act 1994'-- 6 omit, insert-- 7 `Residential Tenancies and Rooming Accommodation Act 2008'. 8 Statutory Bodies Financial Arrangements Regulation 9 2007 10 1 Schedules 4 and 8, column 1, `Residential Tenancies Act 11 1994' 12 omit, insert-- 13 `Residential Tenancies and Rooming Accommodation Act 2008'. 14 Succession Act 1981 15 1 Section 34B(5), definition caravan-- 16 omit, insert-- 17 `caravan see the Residential Tenancies and Rooming 18 Accommodation Act 2008, section 7.'. 19 Page 356

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 1 Torres Strait Islander Land Act 1991 1 1 Section 3, definition residential tenancy agreement-- 2 omit, insert-- 3 `residential tenancy agreement means a residential tenancy 4 agreement under the Residential Tenancies and Rooming 5 Accommodation Act 2008.'. 6 2 Section 133B, heading, `Residential Tenancies Act 7 1994'-- 8 omit, insert-- 9 `Residential Tenancies and Rooming Accommodation Act 10 2008'. 11 3 Section 133B, `Residential Tenancies Act 1994'-- 12 omit, insert-- 13 `Residential Tenancies and Rooming Accommodation Act 2008'. 14 Page 357

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 Schedule 2 Dictionary 1 section 6 2 abandonment termination notice see section 355(1). 3 affordable housing scheme means NRAS or a scheme under 4 which the Commonwealth, the State, a local government or a 5 non-profit corporation provides accommodation assistance, 6 other than-- 7 (a) as approved supported accommodation; or 8 (b) under a subletting mentioned in section 38. 9 agent-- 10 (a) of a lessor, means a person employed, or otherwise 11 authorised, by the lessor to act as the lessor's agent; or 12 (b) of a provider, means a person employed, or otherwise 13 authorised, by the provider to act as the provider's agent. 14 agreement see section 19. 15 allowed remedy period means the period stated in a notice to 16 remedy breach as the period within which a party to an 17 agreement is required to remedy the breach of the agreement 18 stated in the notice. 19 approved form see section 519. 20 approved supported accommodation means accommodation 21 provided under an agreement between the Commonwealth 22 and the State under-- 23 (a) the program known as the `Crisis Accommodation 24 Program', or, if the program is continued under another 25 name, the program as continued under the other name; 26 or 27 (b) the program known as the `Supported Accommodation 28 Assistance Program', or, if the program is continued 29 under another name, the program as continued under the 30 other name. 31 Page 358

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 approved way-- 1 (a) for payment of rent by a tenant, see section 83(4); or 2 (b) for payment of rent by a resident, see section 98(4). 3 arrangement includes a promise, scheme, transaction (with or 4 without consideration), understanding and undertaking 5 (whether expressed or implied). 6 authorised person means a person who is appointed under 7 this Act as an authorised person. 8 authority means the Residential Tenancies Authority. 9 base period see section 47(1). 10 board means the authority's board of directors. 11 bond loan contributor see section 114. 12 caravan see section 7. 13 chairperson means the chairperson of the board. 14 chief executive officer means the authority's chief executive 15 officer. 16 common areas, for a resident of rental premises, means the 17 parts of the rental premises other than the resident's room that 18 the resident may use under the rooming accommodation 19 agreement. 20 compulsory acquisition-- 21 (a) for a notice to leave, see section 284(4); or 22 (b) for a notice of intention to leave, see section 305(4). 23 compulsory park closure, for a notice to leave, see section 24 287(5). 25 conciliation agreement means an agreement mentioned in 26 section 408. 27 conciliation process see section 398. 28 conciliator means a person appointed as a conciliator under 29 section 400. 30 Page 359

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 condition report-- 1 (a) for residential premises and inclusions, means a report 2 describing the physical condition of the premises and 3 inclusions; or 4 (b) for a room in rental premises and the facilities in the 5 room, means a report describing the physical condition 6 of the room and facilities. 7 contributor, for a rental bond, see section 113. 8 coresident means 1 of 2 or more residents who occupy the 9 same room or rooms in the rental premises under the same 10 rooming accommodation agreement. 11 damage, for an application for a termination order, see 12 sections 296(3), 311(2) and 312(2). 13 director means a director of the board, and includes the 14 chairperson. 15 dispute, for chapter 6, part 1, means a tenancy dispute or a 16 rooming accommodation dispute. 17 dispute resolution request see section 402. 18 domestic violence has the meaning given by the Domestic and 19 Family Violence Protection Act 1989. 20 domestic violence issues see sections 245(4) and 344(2). 21 domestic violence order has the meaning given by the 22 Domestic and Family Violence Protection Act 1989. 23 education department means the department in which the 24 Education (General Provisions) Act 2006 is administered. 25 emergency repairs see section 214. 26 employee of the employing office see section 497(2). 27 employing office means the Residential Tenancies Employing 28 Office established under section 491. 29 ending of accommodation assistance, for a notice to leave, 30 see section 289(3). 31 ending of entitlement under employment, for a notice to 32 leave, see section 288(2). 33 Page 360

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 ending of housing assistance, for a notice to leave, see 1 section 290(3). 2 enforcement warrant means an enforcement warrant under 3 the Supreme Court of Queensland Act 1991. 4 entry notice see section 193(1)(a). 5 excessive hardship, for an application for a termination order, 6 see sections 295(2), 310(2), 377 and 383. 7 executive officer, of the employing office, means the 8 executive officer appointed under section 494. 9 executive officer, of a corporation, means-- 10 (a) if the corporation is the Commonwealth or a State--a 11 chief executive of a department or a person who is 12 concerned with, or takes part in, the management of a 13 department, whatever the person's position is called; or 14 (b) if the corporation is a local government-- 15 (i) the local government's chief executive officer; or 16 (ii) a person who is concerned with, or takes part in, 17 the local government's management, whatever the 18 person's position is called; or 19 (c) if paragraphs (a) and (b) do not apply--a person who is 20 concerned with, or takes part in, the corporation's 21 management, whether or not the person is a director or 22 the person's position is given the name of executive 23 officer. 24 facilities, for rooming accommodation, includes furniture and 25 equipment. 26 failure to leave, for an application for a termination order, see 27 section 293(3). 28 failure to leave as intended, for an application for a 29 termination order, see section 294(3). 30 final nuisance direction see the Police Powers and 31 Responsibilities Act 2000. 32 Page 361

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 fixed term agreement-- 1 (a) for a residential tenancy, means a residential tenancy 2 agreement for a residential tenancy for a fixed term; or 3 (b) for rooming accommodation, means a rooming 4 accommodation agreement under which 5 accommodation is provided to a resident for a fixed 6 term. 7 food service means a service of regularly providing meals to a 8 resident. 9 general service charge, for premises that are not moveable 10 dwelling premises in a moveable dwelling park, means a 11 service charge that is not a water service charge. 12 goods include animals, plants, money, documents and 13 anything else of value. 14 government entity see the Public Service Act 2008, section 15 24. 16 guest, of a resident, means a person who enters the resident's 17 room or common areas with the resident's consent. 18 handover day, for premises, means the day stated in a notice 19 to leave, or notice of intention to leave, as the day vacant 20 possession of the premises is required to be, or will be, handed 21 over to the lessor. 22 holding deposit, for premises, means an amount paid as 23 consideration for an option to enter into an agreement for the 24 premises. 25 home owner see the Manufactured Homes (Residential Parks) 26 Act 2003, section 8. 27 house rules, for rental premises, means the rules in force for 28 the premises under chapter 4, part 3. 29 inclusions, for premises, means everything supplied with the 30 premises for the tenant's use (whether or not the things are 31 supplied under an agreement). 32 incompatibility, for an application for a termination order, see 33 sections 298(3) and 314(3). 34 Page 362

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 individually metered, for premises, means there is, for the 1 premises, a meter that-- 2 (a) has been installed or approved by a supply authority; 3 and 4 (b) measures, for the premises only, the quantity of 5 something supplied to, or used at, the premises under a 6 service or facility made available by the authority. 7 industrial instrument see the Industrial Relations Act 1999, 8 schedule 5. 9 initial nuisance direction see the Police Powers and 10 Responsibilities Act 2000. 11 injury, for an application for a termination order, see sections 12 296(4), 311(3) and 312(3). 13 intention to sell, for a notice of intention to leave, see section 14 307(4). 15 interested person, for a rental bond, for chapter 2, part 3, 16 division 3, see section 136(7) and sections 143 and 144. 17 key, of a lock, means a device or information normally used to 18 operate the lock. 19 key deposit see section 156. 20 lessor see sections 8 and 20. 21 list, a person on a tenancy database, for chapter 9, see section 22 457. 23 lock means a device for securing a door, gate, window or 24 another part of premises. 25 long tenancy (moveable dwelling) see section 51. 26 lost property, for chapter 5, part 2, division 6, see section 390. 27 manufactured home see the Manufactured Homes 28 (Residential Parks) Act 2003, section 10. 29 maximum rental bond-- 30 (a) for a residential tenancy agreement, see section 112(1); 31 or 32 Page 363

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 (b) for a rooming accommodation agreement, see section 1 112(2). 2 mortgagee, for a mortgage, includes any person from time to 3 time deriving title to the mortgage under a previous 4 mortgagee. 5 moveable dwelling means a caravan or manufactured home. 6 moveable dwelling park means a place where moveable 7 dwellings are situated for occupation on payment of 8 consideration. 9 moveable dwelling premises means premises consisting of-- 10 (a) for a moveable dwelling that is a caravan--the dwelling 11 or its site, or both the dwelling and site; or 12 (b) for a moveable dwelling that is a manufactured home in, 13 or intended to be situated in, a moveable dwelling 14 park--the dwelling or its site, or both the dwelling and 15 site. 16 nominated repairer see section 216(1). 17 noncompliance (moveable dwelling relocation), for a notice 18 to leave, see section 283(3). 19 noncompliance (tribunal order)-- 20 (a) for a notice to leave, see section 282(2); or 21 (b) for a notice of intention to leave, see section 304(2). 22 non-livability-- 23 (a) for a notice to leave, see sections 284(3) and 285(5); or 24 (b) for a notice of intention to leave, see sections 305(3) and 25 306(5). 26 non-profit corporation means a corporation formed for a 27 purpose other than the purpose of making a profit. 28 non-resolution notice, for park rules for a moveable dwelling 29 park, see section 231(6). 30 notice of intention to leave means a notice given by the tenant 31 to the lessor indicating the tenant's intention to hand over 32 Page 364

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 vacant possession of the premises to the lessor on the 1 handover day. 2 notice to leave means a notice given by the lessor to the tenant 3 requiring the tenant to hand over vacant possession of the 4 premises to the lessor on the handover day. 5 notice to relocate see section 223(1). 6 notice to remedy breach means a notice given by a party to an 7 agreement to the other party requiring the other party to 8 remedy a breach of the agreement stated in the notice. 9 NRAS means the National Rental Affordability Scheme or a 10 similar scheme by whatever name called. 11 nuisance direction means an initial or final nuisance 12 direction. 13 objectionable behaviour, for an application for a termination 14 order, see sections 297(2) and 313(2). 15 objection closing day, for park rules for a moveable dwelling 16 park, see section 229(1)(a). 17 objector, for park rules for a moveable dwelling park, see 18 section 231(2). 19 obstruct includes hinder, resist and attempt to obstruct. 20 occupant, of premises, means a person who resides at the 21 premises. 22 officer, of the authority, means any of the following-- 23 (a) the chief executive officer; 24 (b) an employee of the employing office or of another 25 government entity performing work for the authority 26 under a work performance arrangement; 27 (c) an employee of the authority, whether or not there is a 28 written contract of employment between the authority 29 and the employee; 30 (d) an individual performing services for the authority-- 31 (i) under a contract, other than a contract of 32 employment, between the individual and the 33 Page 365

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 authority; or 1 (ii) under an arrangement, other than a work 2 performance arrangement, between the authority 3 and a person other than the individual. 4 option period, for chapter 2, part 4, division 2, see section 5 159(3). 6 park liaison committee, for a moveable dwelling park, see 7 section 231(2). 8 park rules means rules made by the owner of a moveable 9 dwelling park about the use, enjoyment, control and 10 management of the park. 11 party, to a dispute, for chapter 6, part 1, means-- 12 (a) for a tenancy dispute--the lessor or tenant; or 13 (b) for a rooming accommodation dispute--the provider or 14 resident. 15 periodic agreement-- 16 (a) for a residential tenancy--means a residential tenancy 17 agreement that is not a fixed term agreement; or 18 (b) for rooming accommodation--means a rooming 19 accommodation agreement that is not a fixed term 20 agreement. 21 personal care service means a service of regularly providing a 22 resident with-- 23 (a) help in-- 24 (i) bathing, toileting or another activity related to 25 personal hygiene; or 26 (ii) dressing or undressing; or 27 (iii) consuming a meal; or 28 (iv) meeting a mobility problem of the resident; or 29 (v) taking medication; or 30 (b) help in managing the resident's financial affairs. 31 Page 366

 


 

Residential Tenancies and Rooming Accommodation Bill 2008 Schedule 2 personal document, of a person, means a document it would 1 be reasonable to expect the person would want to keep. 2 Examples-- 3 passport, birth certificate, marriage certificate, photograph. 4 personal information, for chapter 9, see section 457. 5 premises see sections 9 and 22. 6 prescribed rules see section 267. 7 proposal, for park rules for a moveable dwelling park, see 8 section 229(1)(a). 9 proposed commencement day, for a rule change, see section 10 270(1)(b). 11 protection order means an order under the Domestic and 12 Family Violence Protection Act 1989, section 20(1). 13 provider see sections 17 and 21. 14 registrar has the meaning given by the Small Claims 15 Tribunals Act 1973. 16 registry has the meaning given by the Small Claims Tribunals 17 Act 1973. 18 relative of a person-- 19 (a) means the person's spouse, child, grandchild, 20 great-grandchild, parent, grandparent, 21 great-grandparent, brother, sister, uncle, aunt, cousin, 22 niece, nephew, parent-in-law, daughter-in-law, 23 son-in-law, sister-in-law or brother-in-law; and 24 (b) for an Aboriginal person--includes a person who, under 25 Aboriginal tradition, is regarded as a relative of the 26 Aboriginal person; and 27 (c) for a Tor