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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 17

New sections 29A and 29B inserted

After section 29 of the Principal Act insert

        " 29A     Residential rental agreement signed by the renter but not by the residential rental provider

    (1)     Without limiting section 26(3), if a renter has signed a residential rental agreement and given it to the residential rental provider or that person's agent and the residential rental provider has not signed it, the residential rental agreement has the same effect as if it were signed by the residential rental provider if the residential rental provider or that person's agent—

        (a)     accepts rent without reservation; or

        (b)     otherwise acted in part performance of the residential rental agreement.

    (2)     A residential rental agreement has effect under subsection (1) from—

        (a)     the day on which the rent was accepted, if the residential rental provider or that person's agent has accepted rent without reservation; or

        (b)     if the residential rental provider or that person's agent has otherwise acted in part performance of the residential rental agreement, the day on which the act was performed.

    (3)     Section 53 of the Property Law Act 1958 does not prevent a residential rental agreement from having effect under this section.

        29B     Application to Tribunal to order preparation of residential rental agreement

    (1)     A renter may apply to the Tribunal for an order requiring a residential rental provider to prepare and enter into a written residential rental agreement.

    (2)     The Tribunal may make an order requiring a residential rental provider to prepare and enter into a written residential rental agreement if the Tribunal is satisfied that—

        (a)     the residential rental provider and renter are subject to an existing residential rental agreement that is not in writing or that is only partly in writing; and

        (b)     the renter is continuing in occupation of the rented premises after a previous fixed term residential rental agreement has ended.

    (3)     The order may specify—

        (a)     the terms of the residential rental agreement; and

        (b)     a commencement date for the residential rental agreement which may be a date that is before the date the order was made.".



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