Tasmanian Consolidated Acts

RESIDENTIAL TENANCY ACT 1997

- Act 82 of 1997
- Royal Assent 14 January 1998

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   3A.     Extension of emergency period for COVID-19 emergency
   3B.     Declaration of subsequent COVID-19 emergency periods
   4.      Act binds Crown
   5.      Application of Act
   6.      Non-application of Act

   PART 2 - Residential Tenancy Commissioner

   7.      Residential Tenancy Commissioner
   8.      General functions and powers of Commissioner
   9.      Delegation by Commissioner

   PART 3 - Residential tenancy agreements

           Division 1 - Form of agreements

   10.     Residential tenancy agreement
   11.     Expiry
   12.     Extension and renewal
   12A.    Variation
   13.     Written agreement
   14.     Information as to rights and obligations
   15.     Inconsistent provisions
   16.     Orders relating to inconsistency

           Division 1A - Residential management agreements

   16A.    Residential management agreement

           Division 2 - Rent

   16B.    Rental properties to be advertised and offered at fixed rental price
   17.     Money other than rent
   18.     Rent payable in advance
   19.     Payment period
   20.     Increase in rent
   21.     Receipt for rent paid
   22.     Postdated cheques
   23.     Unreasonable increase
   24.     Distress for rent prohibited
   24A.    Repayment of rent arrears accrued during period relating to COVID-19
   24B.    Appeal against order under section 24A

           Division 3 - Security deposits and holding fees

   25.     Security deposits
   26.     Condition report
   27.     Forms relating to security deposit
   28.     Provision of claim form, &c., on termination of tenancy
   29.     Claims for disbursement of security deposit generally
   29A.    Claim where all parties agree
   29B.    Claim by tenant
   29C.    Claim by owner
   29D.    Claim by deposit contributor
   29DA.   Referral by Authority to Commissioner
   29E.    Disbursements of security deposits
   29F.    Lodging disputes
   29G.    Determining disputes
   30.     Appeal against determination
   30A.    Unclaimed security deposit forfeited
   31.     Holding agreement and fees

           Division 4 - Repairs

   31A.    Reference in this Division to repair may include reference to replacement
   32.     General repairs and maintenance
   33.     Urgent repairs
   34.     Emergency repairs
   35.     Reimbursement of cost of repairs
   36.     Disputing liability to reimburse
   36A.    Order for repairs

   PART 3A - Smoke Alarms

   36B.    Interpretation of Part 3A
   36C.    Smoke alarms
   36D.    Maintenance, &c., of smoke alarms
   36E.    Defences in relation to sections 36C and 36D
   36F.    Removal of, or interference with, smoke alarms
   36G.    Right to install smoke alarms in strata title units
   36H.    Power of Commissioner to order compliance with this Part

   PART 3B - Minimum Standards for Premises

   36I.    Premises to be weatherproof and structurally sound
   36J.    Cleanliness and good repair
   36K.    Bathrooms and toilets to be provided
   36L.    Cooking facilities
   36M.    Electricity and heating
   36N.    Window covering for privacy
   36O.    Ventilation
   36P.    Exemption from requirements of provision of this Part

   PART 4 - Termination of agreements

           Division 1 - Termination

   37.     Termination of agreement
   38.     Notice of termination by tenant
   38A.    Order allowing for termination in case of severe COVID-19 related hardship
   38B.    Appeal against order under section 38A
   39.     Effect of notice of termination
   40.     Form of notice of termination
   41.     Order of termination

           Division 2 - Notice to vacate

   42.     Notice to vacate by owner
   43.     Effect of notice to vacate
   44.     Form of notice to vacate
   45.     Order for vacant possession

           Division 3 - Abandonment of premises and goods

   46.     Early vacation
   47.     Abandonment
   47A.    Order declaring abandonment
   47B.    Loss following abandonment or early vacation
   47C.    Joint tenant ceases occupancy
   48.     Disposal or sale of abandoned goods

   PART 4A - Boarding Premises

   48A.    Application of Part 4A
   48B.    Cost of meals and other services
   48C.    Access to toilet and ablution facilities
   48D.    Shared rooms
   48E.    Meal times
   48F.    Maintenance of shared facilities
   48G.    Statement of key terms
   48H.    Content of house rules
   48I.    Power of Commissioner to make orders
   48J.    Appeal from orders of Commissioner

   PART 4B - Rental Deposit Authority

   48K.    Rental Deposit Authority
   48L.    Constitution of Authority
   48M.    Functions of Authority
   48N.    Powers of Authority
   48O.    Staff of Authority
   48P.    Assistance and facilities
   48Q.    Funds of Authority
   48R.    Account in Public Account
   48S.    Accounts and financial statements of Authority
   48T.    Delegation

   PART 4C - Residential Tenancy Databases

   48U.    Interpretation
   48V.    Application of Part
   48W.    Notice of usual use of database
   48X.    Notice of listing if database used
   48Y.    Listing can be made only for particular breaches by particular persons
   48Z.    Further restrictions on listing
   48ZA.   Ensuring quality of listing – owner's or agent's obligation
   48ZB.   Ensuring quality of listing – database operator's obligation
   48ZC.   Providing copy of personal information listed
   48ZD.   Notifying relevant non-parties of Commissioner order about listing
   48ZE.   Keeping personal information listed
   48ZF.   Civil proceedings to enforce compliance with Part

   PART 5 - Miscellaneous

   49.     Subletting
   49A.    Transfer of residential tenancy agreement
   49B.    Tenancy ceases on death of tenant
   50.     Consent
   51.     Impediment to occupancy
   52.     Use of premises
   53.     Responsibility of tenant for cleanliness and damage
   54.     Alterations, additions and fixtures
   55.     Quiet enjoyment
   55A.    Certain photographs not to be displayed by owner
   56.     Right of entry
   57.     Locks and security devices
   58.     Compliance with orders
   59.     Liability for action of others
   60.     Cost of preparing agreements
   61.     Record of rent
   62.     Notification of name and address
   63.     Agent of tenant
   64.     Certain provisions void
   64A.    Mitigation of loss
   64B.    Keeping of pets
   64C.    Strata title property by-laws
   65.     Regulations
   66.     Regulations of savings and transitional nature
   67.     Transitional provisions
   67A.    Transitional and savings provisions consequent on Residential Tenancy Amendment Act 2011
   68.      
   68A.    Transitional and savings provisions consequent on Residential Tenancy Amendment Act 2010
   68B.    General transitional, &c., provisions consequent on Residential Tenancy Amendment Act 2013
   68C.    Transitional, &c., provisions relating to new standards contained in Residential Tenancy Amendment Act 2013
   69.     Administration of Act
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3