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This is a Bill, not an Act. For current law, see the Acts databases.
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
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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
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Residential Tenancies and Rooming Accommodation Bill 2008
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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
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Residential Tenancies and Rooming Accommodation Bill 2008
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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[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
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[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
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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
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(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
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[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
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[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
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[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
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[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
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[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
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[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
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[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
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[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
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[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
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[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
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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
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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
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[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
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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
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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
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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
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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
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(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
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(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
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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
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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
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(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
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(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
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(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
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(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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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[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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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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
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(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
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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
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(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
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(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
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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
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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
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(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
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(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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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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
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[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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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(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
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[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
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[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
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(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
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[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
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(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
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(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
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[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
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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
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(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
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(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
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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
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[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
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[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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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Part 7 Change of lessor or tenant
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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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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[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
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[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
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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
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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
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[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
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[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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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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
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(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
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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
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(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
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(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
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(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
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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
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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
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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
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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
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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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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(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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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(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
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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
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(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
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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
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(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
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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
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(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
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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
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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
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(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
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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
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(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
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[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
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(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
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(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
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(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
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[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
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[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
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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
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[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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 Torres Strait Islander person--includes a person 28
who, under Island custom, is regarded as a relative of 29
the Torres Strait Islander person. 30
Page 367
Residential Tenancies and Rooming Accommodation Bill 2008
Schedule 2
rent means-- 1
(a) an amount payable by a tenant under a residential 2
tenancy agreement for the right to occupy residential 3
premises as a residence; or 4
(b) an amount payable by a resident under a rooming 5
accommodation agreement for the provision of 6
accommodation and any other service provided under 7
the agreement. 8
rental bond see section 111. 9
rental bond account see section 149. 10
rental bond instalments-- 11
(a) for a residential tenancy agreement, see section 12
117(1)(c); or 13
(b) for a rooming accommodation agreement, see section 14
118(1). 15
rental bond interest account see section 149. 16
rental bond notice means a notice about a rental bond given 17
to the authority under section 116. 18
rental bond supplier see section 138. 19
rental premises means the premises in which rooming 20
accommodation is provided. 21
rental purchase plan agreement means an agreement entered 22
into between the State and someone else (the buyer) about 23
residential premises-- 24
(a) under which the buyer agrees to buy, or after the buyer 25
has bought, a part interest (a share) in the premises; and 26
(b) under which the State gives the buyer the right to occupy 27
the premises; and 28
(c) under which the buyer is required to make payments to 29
the State and-- 30
(i) if the buyer is buying a share--the payments are 31
divided by the State between the amount owing for 32
Page 368
Residential Tenancies and Rooming Accommodation Bill 2008
Schedule 2
the purchase of the share and rent for the right to 1
occupy the premises; or 2
(ii) if the buyer has bought a share and is not buying a 3
further share--the payments are payments of rent 4
for the right to occupy the premises. 5
renting agent, for a lessor, means the agent to whom the 6
tenant normally pays the rent. 7
rent payment record-- 8
(a) for a residential tenancy agreement, see section 9
88(5)(a); or 10
(b) for a rooming accommodation agreement, see section 11
102(5)(a). 12
repeated breaches, for an application for a termination order, 13
see sections 299(3), 315(3), 376(3) and 382(3). 14
representative, of a person, means-- 15
(a) if the person is a corporation--an executive officer, 16
employee or agent of the corporation; or 17
(b) if the person is an individual--an employee or agent of 18
the individual. 19
resident, in rooming accommodation, see sections 14 and 21. 20
resident, of a moveable dwelling park, means a person 21
occupying moveable dwelling premises in the park as the 22
tenant under an agreement. 23
residential premises see section 10. 24
residential tenancy see section 11. 25
residential tenancy agreement see section 12. 26
resident's room, for a resident of rental premises, means a 27
room in the premises that the resident occupies as his or her 28
residence under the rooming accommodation agreement. 29
retirement village has the meaning given by the Retirement 30
Villages Act 1999. 31
rooming accommodation see section 15. 32
Page 369
Residential Tenancies and Rooming Accommodation Bill 2008
Schedule 2
rooming accommodation agreement see section 16. 1
rooming accommodation dispute see section 397(2). 2
routine repairs see section 215. 3
rule change, in relation to the house rules for rental premises, 4
see section 269. 5
rules of entry-- 6
(a) for a residential tenancy agreement, see section 200; or 7
(b) for a rooming accommodation agreement, see section 8
263. 9
sale contract, for a notice to leave, see section 286(2). 10
school means-- 11
(a) a State school within the meaning of the Education 12
(General Provisions) Act 2006; or 13
(b) a school that is accredited, or provisionally accredited, 14
under the Education (Accreditation of Non-State 15
Schools) Act 2001. 16
secondary agent, for a lessor, means an agent of the lessor 17
who is not the renting agent. 18
self-contained unit means a part of a building, forming a 19
self-contained residence, that is under the exclusive 20
possession of the occupier and includes kitchen, bathroom 21
and toilet facilities. 22
selling agent means-- 23
(a) for a lessor--the agent appointed to sell the lessor's 24
premises; or 25
(b) for a provider--the agent appointed to sell the 26
provider's premises. 27
service charge see section 164. 28
share, of a rental bond, see section 115. 29
short tenancy (extension) statement see section 48(1). 30
short tenancy (moveable dwelling) see section 50. 31
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Residential Tenancies and Rooming Accommodation Bill 2008
Schedule 2
short tenancy statement see section 47(1). 1
site, of a moveable dwelling, means the site where the 2
moveable dwelling is, or is intended to be, situated. 3
site agreement see the Manufactured Homes (Residential 4
Parks) Act 2003, section 14. 5
special terms-- 6
(a) of a residential tenancy agreement, see section 56; or 7
(b) of a rooming accommodation agreement, see section 74. 8
standard terms-- 9
(a) of a residential tenancy agreement, see section 55(2); or 10
(b) of a rooming accommodation agreement, see section 11
73(2). 12
state of mind, of a person, includes-- 13
(a) the person's knowledge, intention, opinion, belief or 14
purpose; and 15
(b) the person's reasons for the intention, opinion, belief or 16
purpose. 17
structural change to premises or rental premises means any 18
renovation, alteration or addition to the premises or rental 19
premises. 20
tenancy database, for chapter 9, see section 457. 21
tenancy dispute see section 397(1). 22
tenant see sections 13 and 20. 23
termination order means an order of a tribunal terminating a 24
residential tenancy agreement or rooming accommodation 25
agreement. 26
tribunal means a small claims tribunal under the Small 27
Claims Tribunals Act 1973. 28
university means a higher education institution established or 29
recognised as a university under an Act. 30
unremedied breach-- 31
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Residential Tenancies and Rooming Accommodation Bill 2008
Schedule 2
(a) for a notice to leave, see section 281(2); or 1
(b) for a notice of intention to leave, see section 302(2). 2
urgent application see section 415. 3
voluntary park closure, for a notice to leave, see section 4
287(4). 5
water service charge, for premises, means a service charge 6
for water supplied to the premises. 7
without ground-- 8
(a) for a notice to leave, see section 291(4); or 9
(b) for a notice of intention to leave, see section 308(2). 10
work performance arrangement means an arrangement under 11
which an employee of a government entity performs work for 12
another government entity. 13
© State of Queensland 2008
Page 372
AMENDMENTS TO BILL
Residential Tenancies and Rooming Accommodation Bill 2008
Residential Tenancies and Rooming
Accommodation Bill 2008
Amendments agreed to during Consideration
1 Clause 26 (State as lessor)--
At page 35, after line 17--
insert--
`(1A) Also, this Act does not apply to a lease if the lease is for, or
for purposes that include, residential purposes if--
(a) the lease is entered into by the parties to a contract of
sale under a term of the contract; and
(b) the lease relates to land for a project the subject of a
direction under the State Development and Public Works
Organisation Act 1971, section 100; and
(c) the lessor is the entity the subject of the direction, or the
entity's successor in title; and
(d) the lessee is a seller under the contract of sale.'.
2 Clause 92 (Tenant's application to tribunal about rent
increase)--
At page 72, lines 29 and 30--
omit, insert--
`(6) This section does not apply if--
(a) the lessor is the chief executive of the department in
which the Housing Act 2003 is administered, acting on
behalf of the State; or
(b) the lessor is the State and the tenant is an officer or
employee of the State.'.
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Residential Tenancies and Rooming Accommodation Bill 2008
3 Clause 173 (Certain terms about penalties and other
payments void)--
At page 119, lines 19 and 20--
omit.
4 Clause 176 (Supply of goods and services)--
At page 121, lines 14 and 15--
omit, insert--
`(3) This section does not apply to a requirement about a food
service, personal care service or utility service.'.
5 Clause 178 (Certain terms about penalties and other
payments void)--
At page 122, lines 19 and 20--
omit.
6 Clause 179 (Terms about rent reductions etc.)--
At page 123, lines 1 to 3--
omit, insert--
`(2) However, this section does not apply to a term of a rooming
accommodation agreement providing only that, if the resident
pays the rent before or when it is payable--'.
7 Clause 248 (Provider's or agent's name and other
details)--
At page 167, line 25--
omit, insert--
`(a) the provider's name and address for service; or'.
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Residential Tenancies and Rooming Accommodation Bill 2008
8 Clause 255 (Agreement about fixtures and structural
changes)--
At page 171, lines 27 and 28--
omit, insert--
`(1) The provider's agreement to the attaching of a fixture, or
making of a structural change, must--'.
9 Clause 256 (Attaching fixture or making structural
change without provider's agreement)--
At page 172 lines 27 and 28--
omit, insert--
`(b) treat the fixture or change as an improvement to the
rental premises for the provider's benefit.'.
10 Clause 262 (Entry by provider's agent or other person)--
At page 175, lines 21 and 22--
omit, insert--
`(1) A reference in sections 257, 258, 259(1) and (2), 260 and 261
to the provider includes an agent of the provider.'.
11 Clause 525 (Giving notice to resident with impaired or
limited capacity)--
At page 328, lines 12 and 13--
omit, insert--
`(a) the provider must give the notice to both the resident
and the person appointed; and'.
12 After clause 544--
At page 337, after line 4--
insert--
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Residential Tenancies and Rooming Accommodation Bill 2008
`544A Contracts of sale--s 30
`This Act does not apply to an agreement for a tenancy of
residential premises if the tenancy--
(a) was created or arose before the commencement of
section 30; and
(b) is between the parties to a contract of sale of the
premises under a term of the contract.'.
13 Schedule 1 (Consequential amendments)--
At page 355, after line 14--
insert--
`Residential Tenancies Act 1994
`1 Chapter 2--
insert--
`Part 7 Tenancy guarantees
`98A Tenancy guarantees
`(1) A tenancy guarantee, for a residential tenancy agreement
between a lessor and tenant, is an undertaking by the
department to pay up to a stated amount to the lessor if--
(a) loss or expense is incurred by the lessor because of a
breach of the agreement by the tenant; and
(b) the amount of any rental bond provided by the tenant is
not sufficient to cover the amount owing to the lessor for
the breach.
`(2) A tenancy guarantee is not--
(a) a rental bond; or
(b) financial protection under section 60; or
(c) an amount for entering into, extending or continuing an
agreement under section 95A.'.'.
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