Tasmanian Consolidated Acts Tasmanian Consolidated Acts
- 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. Section 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
[ Note: This table has been automatically generated and may be incomplete. ]