Residential Tenancies and Rooming Accommodation Act 2008

An Act about residential tenancy agreements, rooming accommodation agreements, and related matters

1Short title

This Act may be cited as the Residential Tenancies and Rooming Accommodation Act 2008.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, some provisions of this Act do not apply to the State.

Examples of provisions not applying to State—

1section 91 (Rent increases)

2section 92 (Tenant’s application to tribunal about rent increase)

3section 163 (Outgoings other than service charges)

(3)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

4Rights and remedies of persons

(1)A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.

(2)Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.

(3)In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is not inconsistent with this Act.

5Objects of Act

(1)The main objects of this Act are to state the rights and obligations of—

(a)tenants, lessors and agents for residential tenancies; and

(b)residents, providers and agents for rooming accommodation.

(2)The objects are mainly achieved by—

(a)regulating the making, content, operation and ending of residential tenancy agreements and rooming accommodation agreements; and

(b)providing for the resolution of disputes about residential tenancy agreements and rooming accommodation agreements; and

(c)providing for the authority to receive, hold and pay rental bonds; and

(d)providing for compliance with this Act to be monitored and enforced; and

(e)providing for the establishment, functions and powers of the authority.

6Definitions and dictionary

(1)The dictionary in schedule 2 defines particular words used in this Act.

(2)The key terms and definitions found elsewhere in the Act are signposted in the dictionary.

7Caravan

(1)A caravan is a trailer—

(a)designed principally for residential purposes; and

(b)designed to be attached to and towed by a self-propelled vehicle; and

(c)that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

(2)Also, a caravan is something—

(a)not fitted with wheels; and

(b)not designed for permanent attachment to land but designed for attachment to a motor vehicle and for use for residential purposes.

(3)In addition, a caravan is a self-propelled vehicle—

(a)that—

(i)is designed to be used both as a vehicle and for residential purposes; or

(ii)was designed to be used solely as a vehicle but has been modified to be suitable for use both as a vehicle and for residential purposes; and

(b)that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

8Lessor

(1)A lessor is the person who gives the right to occupy residential premises under a residential tenancy agreement.

Note—

Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessor includes a reference to the person’s personal representatives, successors and assigns.

(2)A lessor also includes—

(a)the person who is to give the right to occupy residential premises under a proposed residential tenancy agreement; and

(b)a tenant who has given, or is to give, the right to occupy residential premises to a subtenant.

9Premises

(1)Premises, for a residential tenancy, include a part of premises and land occupied with premises.

(2)Premises, for a residential tenancy, also include—

(a)a caravan or its site, or both the caravan and site; and

(b)a manufactured home in, or intended to be situated in, a moveable dwelling park or its site, or both the manufactured home and site; and

(c)a houseboat.

10Residential premises

Residential premises are premises used, or intended to be used, as a place of residence or mainly as a place of residence.

11Residential tenancy

A residential tenancy is the right to occupy residential premises under a residential tenancy agreement.

12Residential tenancy agreement

(1)A residential tenancy agreement is an agreement under which a person gives to someone else a right to occupy residential premises as a residence.

(2)Subsection (1) applies whether or not the right is a right of exclusive occupation.

(3)Subsection (1) also applies whether the agreement is—

(a)wholly in writing, wholly oral or wholly implied; or

(b)partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.

(4)An agreement is not a residential tenancy agreement if it is a rooming accommodation agreement.

(5)However, an agreement is a residential tenancy agreement if it is taken to be a residential tenancy agreement under section 18.

13Tenant

(1)A tenant is the person to whom the right to occupy residential premises under a residential tenancy agreement is given.

Note—

Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessee includes a reference to the person’s personal representatives, successors and assigns. Under schedule 1 of that Act, a lessee includes a tenant.

(2)A tenant also includes—

(a)the person to whom the right to occupy residential premises is to be given under a proposed residential tenancy agreement; and

(b)the subtenant of a tenant.

14Resident

Resident means a person—

(a)who, in rental premises, occupies 1 or more rooms as the person’s only or main residence; and

(b)who is not—

(i)the provider; or

(ii)a relative of the provider.

15Rooming accommodation

(1)Rooming accommodation is accommodation occupied or available for occupation by residents, in return for the payment of rent, if each of the residents—

(a)has a right to occupy 1 or more rooms; and

(b)does not have a right to occupy the whole of the premises in which the rooms are situated; and

(c)does not occupy a self-contained unit; and

(d)shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents.

Example for paragraph (d)—

a boarding house in which each of the residents occupies a room and shares a bathroom, kitchen, dining room and common room with the other residents

(2)For subsection (1), it is immaterial whether or not—

(a)the rooms are in the same premises; or

(b)the resident is provided with a food service, personal care service or other service.

16Rooming accommodation agreement

(1)A rooming accommodation agreement is an agreement under which a provider provides rooming accommodation to a resident in rental premises.

(2)Subsection (1) applies whether the agreement is—

(a)entirely in writing, entirely oral or entirely implied; or

(b)partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.

(3)However, an agreement is not a rooming accommodation agreement if it is taken to be a residential tenancy agreement under section 18.

17Provider

A provider is a person who provides rooming accommodation to residents.

ch 1 pt 3 div 4 hdg ins 2017 No. 42 s 82

17APrescribed minimum housing standards

(1)A prescribed minimum housing standard means a standard prescribed by a regulation.

(2)A regulation may prescribe minimum housing standards for—

(a)a residential premises let, or to be let, under a residential tenancy agreement; or

(b)premises in which rooming accommodation is, or is to be, provided; or

(c)inclusions for premises mentioned in paragraph (a) or (b); or

(d)facilities in a moveable dwelling park.

(3)A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2), including, for example, the following—

(a)sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities;

(b)ventilation and insulation;

(c)protection from damp and its effects;

(d)construction, condition, structures, safety and situation of the premises, inclusions or facilities;

(e)the dimensions of rooms in the premises;

(f)privacy and security;

(g)provision of water supply, storage and sanitary facilities;

(h)laundry and cooking facilities;

(i)lighting;

(j)freedom from vermin infestation;

(k)energy efficiency.

(4)If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—

(a)if not inconsistent with the Act, must be observed in addition to that Act; and

(b)if inconsistent with the Act, is, to the extent of the inconsistency, of no force or effect and that Act prevails.

Example of inconsistency between a prescribed minimum housing standard and an Act—

A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188(2).

(5)A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.

s 17A ins 2017 No. 42 s 82

amd 2021 No. 19 s 31

18Opting in as residential tenancy agreement

(1)This section applies to rooming accommodation to which this Act applies.

(2)If the parties to an agreement for the accommodation sign the agreement stating that it is a residential tenancy agreement, the agreement is taken to be a residential tenancy agreement.

(3)This Act applies to the agreement despite section 32(1).

(4)A person does not contract out of the provisions of this Act merely because the person signs an agreement under subsection (2).

19References to agreements

In this Act, unless a contrary intention appears, a reference to an agreement is—

(a)for a residential tenancy, a reference to a residential tenancy agreement to which this Act applies; or

(b)for rooming accommodation, a reference to a rooming accommodation agreement to which this Act applies.

20Reference to lessors and tenants

In this Act, unless a contrary intention appears, a reference to a lessor or tenant is a reference to a lessor or tenant under a residential tenancy agreement to which this Act applies.

21Reference to providers and residents

In this Act, unless a contrary intention appears, a reference to a provider or resident is a reference to a provider or resident under a rooming accommodation agreement to which this Act applies.

22References to premises

In this Act, unless a contrary intention appears, a reference to premises is a reference to a residential premises under a residential tenancy agreement to which this Act applies.

23References to tenancies

In this Act, unless a contrary intention appears, a reference to a tenancy or residential tenancy is a reference to a residential tenancy under a residential tenancy agreement to which this Act applies.

24Provision stating that lessor or lessor’s agent or provider or provider’s agent must do something

(1)This section applies to a provision of this Act stating that the lessor or lessor’s agent must do something (the required act).

(2)The reference in the provision to the lessor’s agent is a reference to a person who is the agent of the lessor to do the required act.

(3)If the required act is done, whether by the agent or personally by the lessor, both the lessor and the agent are taken to have complied with the provision.

(4)If the required act is omitted to be done, both the lessor and the agent are taken to have contravened the provision and, if the contravention is an offence—

(a)each of them may be dealt with for the offence; and

(b)section 512(3) applies to a proceeding for the offence.

(5)In this section—

(a)a reference to the lessor is taken to include a reference to the provider; and

(b)a reference to the lessor’s agent is taken to be a reference to the provider’s agent.

25Lessor’s or provider’s agent

A reference in a provision of this Act to something being done by a lessor or provider, without mentioning an agent of the lessor or provider, does not, by implication, limit the extent to which the thing may be done by an agent of the lessor or provider.

26State as lessor

(1)This Act does not apply to a lease, even if the lease is for, or for purposes that include, residential purposes, if—

(a)the lease is granted under the authority of an authorising law; and

(b)the State is the lessor.

(2)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.

(3)However, if the lessee sublets the land or a part of the land, under the authorising law, this Act applies to the sublease to the extent to which this Act is not inconsistent with the authorising law.

(4)To remove any doubt, it is declared that this Act does not apply to a long-term lease entered into or granted by the South Bank Corporation in relation to premises within the South Bank corporation area even if the lease is for, or for purposes that include, residential purposes.

(5)However, if the lessee of a lease mentioned in subsection (4) sublets the land or a part of the land for, or for purposes that include, residential purposes, this Act applies to the sublease.

(6)In this section—

authorising law means an Act other than this Act, the repealed State Housing Act 1945 or the Housing Act 2003.

long-term lease means—

(a)a lease for a term, including renewal options, of at least 100 years; or

(b)a perpetual lease as defined under the South Bank Corporation Act 1989.

South Bank corporation area means the corporation area as defined under the South Bank Corporation Act 1989.

27Application of Property Law Act to agreements

(1)The Property Law Act 1974 does not apply to residential tenancy agreements.

(2)Nothing in subsection (1) affects the application of the Property Law Act 1974 to an agreement about a tenancy if the agreement is not a residential tenancy agreement.

28Minor has capacity to enter into agreements

(1)A minor has the capacity to enter into a residential tenancy agreement or rooming accommodation agreement.

(2)An agreement entered into by a minor is enforceable in the same way as if the agreement had been entered into by an adult.

29Act applies to certain residential tenancy agreements etc.

(1)This Act applies to residential tenancy agreements and to—

(a)lessors, tenants and their respective rights and obligations under residential tenancy agreements; and

(b)premises under residential tenancy agreements; and

(c)a tenancy under a residential tenancy agreement.

(2)However, this Act does not apply to all residential tenancy agreements.

Examples of residential tenancy agreements to which this Act does not apply—

1Under section 26, this Act does not apply to a lease given by the State under certain other Acts.

2Under section 31, this Act does not apply to an agreement giving a right of occupancy for holiday purposes.

3Under section 32, this Act generally does not apply to an agreement if the tenant is a boarder or lodger.

4Under sections 33 and 34, this Act generally does not apply to an agreement for premises that are part of an educational institution, hospital, nursing home or retirement village.

5Under section 36, this Act does not apply to certain agreements under which the tenant is being supplied with temporary refuge accommodation.

6Under section 37, this Act does not apply to agreements under the Manufactured Homes (Residential Parks) Act 2003.

7Under sections 521, 522, 523 and 524, this Act does not apply to certain long-term leases.

30Contracts of sale and mortgages

This Act does not apply to an agreement for a tenancy if the tenancy is created or arises—

(a)between the parties to a contract of sale of residential premises under a term of the contract and the tenancy is for a period of 28 days or less; or

(b)between the parties to a mortgage of residential premises under a term of the mortgage.

31Premises used for holidays

(1)This Act does not apply to a residential tenancy agreement if the right of occupancy of the premises is given for holiday purposes.

(2)For subsection (1), a right to occupy premises given for 6 weeks or longer is taken not to be given for holiday purposes unless the contrary is proved.

32Boarders and lodgers

(1)This Act does not apply to a residential tenancy agreement if the tenant is a boarder or lodger.

(2)However, if a rental bond is paid for a residential tenancy agreement under which the tenant is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement.

Note—

See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.

33Educational institutions

(1)This Act does not apply to a residential tenancy agreement for premises used for—

(a)accommodation for school students—

(i)provided as part of, or under an agreement with, a school; or

(ii)arranged by a school for students of another school; or

(iii)provided with financial assistance from the education department; or

(b)accommodation for students within the external boundary of a registered higher education provider’s campus provided—

(i)by the registered higher education provider; or

(ii)by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit.

(2)Subsection (1)(b)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a registered higher education provider’s campus.

(3)Despite subsection (1), if a rental bond is paid for a residential tenancy within the external boundary of a registered higher education provider’s campus, the provisions of this Act about rental bonds apply to the agreement.

s 33 amd 2014 No. 25 s 223 sch 1pt 2

34Hospitals, nursing homes and retirement villages

(1)This Act does not apply to a residential tenancy agreement for premises that are part of a hospital, nursing home or retirement village.

(2)However, this Act applies to a residential tenancy agreement for premises mentioned in subsection (1) if—

(a)the premises are used as a person’s place of residence under the person’s employment at the hospital, nursing home or retirement village; or

(b)the premises are used as a person’s place of residence at the retirement village and the person resides in the premises other than under—

(i)a residence contract under the Retirement Villages Act 1999; or

(ii)section 70B of the Retirement Villages Act 1999.

35Rental purchase plan agreements

This Act does not apply to residential tenancy agreements that are rental purchase plan agreements.

36Temporary refuge accommodation

This Act does not apply to a residential tenancy agreement if the tenant is being supplied with temporary refuge accommodation at the premises and the accommodation is not approved supported accommodation.

37Agreements under Manufactured Homes (Residential Parks) Act 2003

(1)This Act does not apply to a residential tenancy agreement if the agreement is a site agreement.

(2)However, subsection (1) does not prevent this Act from applying to a subsequent agreement.

(3)In this section—

subsequent agreement means an agreement under which a home owner becomes a lessor under this Act.

38Headleases for employee housing

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a corporation as tenant for the purpose of subletting the premises to an employee of the tenant.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to an employee of the tenant.

(3)This section applies only to a headlease entered into after the commencement of this section.

39Headleases for affordable housing agreements

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a non-profit corporation as tenant for the purpose of subletting the premises to a person under an affordable housing scheme.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person whose right of occupancy arises under an affordable housing scheme.

40Hotels and motels

This Act applies to a residential tenancy agreement even if the premises are part of a hotel or motel.

41Headleases for approved supported accommodation

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by an entity as tenant for the purpose of using the premises to provide approved supported accommodation.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person to provide the person with approved supported accommodation.

(3)Despite subsection (2), this Act does not apply to an agreement under which the tenant’s right of occupancy arises out of approved supported accommodation if the tenant has occupied the premises under the agreement for a continuous period of not more than 13 weeks.

(4)If the tenant under an agreement about approved supported accommodation has occupied the premises under the agreement for a continuous period of more than 13 weeks, the Act applies to the agreement as if the tenant’s occupancy started on the day after the 13 week period ended.

43Act applies to certain rooming accommodation agreements etc.

(1)This Act applies to rooming accommodation agreements and to—

(a)providers, residents and their respective rights and obligations under rooming accommodation agreements; and

(b)rental premises under rooming accommodation agreements.

(2)However, this Act does not apply to all rooming accommodation agreements.

44Rooming accommodation agreements to which Act does not apply

(1)The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation—

(a)accommodation provided by a person in premises if—

(i)the premises are the person’s only or main place of residence; and

(ii)not more than 3 rooms in the premises are occupied, or available for occupation, by residents;

(b)aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth);

(ba)accommodation provided at the forensic disability service under the Forensic Disability Act 2011;

(c)accommodation provided at an authorised mental health service under the Mental Health Act 2016;

(d)accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999;

(e)accommodation for school students—

(i)provided as part of, or under an agreement with, a school; or

(ii)arranged by a school for students of another school; or

(iii)provided with financial assistance from the education department;

(f)accommodation for students within the external boundaries of a registered higher education provider’s campus provided—

(i)by the registered higher education provider; or

(ii)by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;

(g)accommodation provided to holiday makers or travellers;

Examples—

motel, bed and breakfast facility, backpackers’ hostel

(h)accommodation provided under the program known as the Supported Accommodation Assistance Program;

(i)accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;

(j)accommodation for a person at a retirement village if the person resides in the accommodation under—

(i)a residence contract under the Retirement Villages Act 1999; or

(ii)section 70B of the Retirement Villages Act 1999;

(k)other accommodation prescribed under a regulation not to be rooming accommodation.

(2)Subsection (1)(f)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus.

(3)Despite subsection (1)(f), if a rental bond is paid for rooming accommodation within the external boundary of a registered higher education provider’s campus, the provisions of this Act about rental bonds apply to the agreement.

(4)For subsection (1)(g), a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved.

s 44 amd 2011 No. 13 s 267; 2014 No. 25 s 223 sch 1pt 2; 2016 No. 5 s 923 sch 4

45Application of div 4

This division applies only to agreements for moveable dwelling premises.

46Purpose of division

(1)This division provides for the classifying of tenancies of moveable dwelling premises as either short or long tenancies.

(2)For some matters, the way this Act applies to a residential tenancy of moveable dwelling premises depends on whether the tenancy is a short or long tenancy.

Examples—

1Section 61 (which requires written agreements) applies to a long tenancy (moveable dwelling), but does not apply to a short tenancy (moveable dwelling).

2Section 68 requires a copy of park rules to be given to the tenant at different times depending on whether the tenancy is a long tenancy (moveable dwelling) or short tenancy (moveable dwelling).

47Short tenancy statements

(1)If the lessor and tenant intend that the tenant’s occupation of the premises is not to continue for more than 42 days (the base period), they may make a written statement to that effect (the short tenancy statement).

(2)The short tenancy statement must be made before, or when, the tenancy starts.

48Extending short tenancy statements

(1)If the parties make a short tenancy statement, they may make another written statement (the short tenancy (extension) statement) agreeing that this Act should continue to apply to the tenancy for another period stated in the statement (the extended period) in the same way it applies during the base period.

(2)A short tenancy (extension) statement may only be made in the base period.

(3)Only 1 short tenancy (extension) statement may be made about the tenancy.

(4)The extended period may not be more than 42 days.

49Setting aside short tenancy (extension) statements

(1)If the parties made a short tenancy (extension) statement, the tenant may apply to a tribunal for an order setting aside the statement because the lessor exerted undue influence on the tenant to make the statement.

(2)The tribunal may make the order if it is satisfied the tenant has established the ground of the application.

50Short tenancies

For any period for which a short tenancy statement or short tenancy (extension) statement applies to the tenancy, the tenancy is a short tenancy (moveable dwelling).

51Long tenancies

If the tenancy is not a short tenancy (moveable dwelling), it is a long tenancy (moveable dwelling).

52Terms of agreements include duties under Act etc.

(1)If, under this Act, a duty is imposed on, or an entitlement is given to, a lessor or tenant, the duty or entitlement is taken to be included as a term of the residential tenancy agreement.

(2)For premises, other than moveable dwelling premises, the by-laws under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980 for the time being in force, that apply to the occupation of the premises by the tenant, are also taken to be included as terms of the agreement.

(3)If the premises are moveable dwelling premises in a moveable dwelling park, any park rules for the time being in force are also taken to be included as terms of the agreement.

(4)If there is a conciliation agreement in force about the residential tenancy agreement, the terms of the conciliation agreement are also taken to be included as terms of the residential tenancy agreement.

(5)This section applies even if the duty, entitlement or rule is not included as a term of a written agreement.

53Contracting out prohibited

(1)An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a residential tenancy agreement.

(2)A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Maximum penalty—50 penalty units.

(3)In this section—

agreement includes an agreement that is not a residential tenancy agreement.

54Inconsistency

(1)If a provision of this Act is inconsistent with a term of a residential tenancy agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a residential tenancy agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

55Standard terms

(1)A regulation may prescribe terms for inclusion in a residential tenancy agreement.

(2)The terms prescribed for this section are the standard terms of a residential tenancy agreement.

56Special terms

The special terms, of a residential tenancy agreement, are the terms of the agreement that are not—

(a)standard terms; or

(b)terms included in the agreement under section 52(1).

57Offer of residential tenancy must be for rent at a fixed amount

(1)A lessor or lessor’s agent must not advertise or otherwise offer a residential tenancy for premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the premises.

Maximum penalty—20 penalty units.

(2)A lessor or lessor’s agent must not accept a rental bond from the tenant of premises if the residential tenancy for the premises was advertised or offered without stating a fixed amount of rent for the premises.

Maximum penalty—20 penalty units.

(3)A person does not contravene this section merely by placing a sign on or near premises advertising or offering a residential tenancy for the premises without stating the amount of rent for the premises on the sign.

s 57 amd 2021 No. 19 s 107 sch 1 pt 2

57A Offer of residential tenancy must disclose particular information

(1)A lessor or lessor’s agent must not advertise or otherwise offer a residential tenancy for premises unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer.

Maximum penalty—20 penalty units.

(2)A lessor or lessor’s agent must not accept a rental bond from a tenant of premises if the residential tenancy for the premises was advertised or otherwise offered in contravention of subsection (1).

Maximum penalty—20 penalty units.

(3)This section does not apply to a person merely placing a sign on or near premises advertising that the premises are available for residential tenancy.

s 57A ins 2021 No. 19 s 32

58Lessor must give particular information to prospective tenant

(1)The lessor or lessor’s agent must give a prospective tenant for a residential tenancy the document prepared for section 61, and any other information prescribed by regulation, before doing any of the following—

(a)accepting a document from the prospective tenant that commits the tenant—

(i)to enter into the tenancy; or

(ii)to pay an amount in relation to the tenancy;

(b)accepting an amount in relation to the tenancy;

(c)entering into a residential tenancy agreement for the tenancy.

Maximum penalty—20 penalty units.

(2)For subsection (1)(b), a person is not taken to accept an amount in relation to a tenancy if the only amount the person accepts is a key deposit.

(3)This section does not apply to an agreement for a short tenancy (moveable dwelling).

s 58 amd 2021 No. 19 s 33

59Restriction on amounts that may be taken from prospective tenant

The lessor or lessor’s agent must not take an amount from a prospective tenant for a residential tenancy other than the following—

(a)a key deposit;

(b)a holding deposit;

(c)a rental bond;

(d)rent.

Maximum penalty—20 penalty units.

60Orders of tribunal relating to noncompliance with s 58 or 59

(1)Subsection (2) applies if a tenant or prospective tenant believes that the lessor or lessor’s agent has contravened or failed to comply with section 58 or 59.

(2)The tenant or prospective tenant may apply to the tribunal for an order about the contravention or failure to comply.

(3)The tribunal may make 1 or more of the following orders—

(a)that the lessor or lessor’s agent pay an amount to the tenant or prospective tenant;

(b)that a residential tenancy agreement entered into is of no effect;

(c)an order varying the terms of the residential tenancy agreement;

(d)any other order the tribunal considers appropriate.

61Written agreements required

(1)The lessor or lessor’s agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section.

Maximum penalty—20 penalty units.

(2)The written agreement must—

(a)include the standard terms for the agreement; and

(b)include any special terms of the agreement.

(3)If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the premises) the agreement is taken to include the standard term only if the information is properly included.

(4)The agreement must be written in a clear and precise way.

(5)The costs of preparing the agreement are payable by the lessor.

(6)Nothing in this section—

(a)requires the tenant to prepare the written agreement; or

(b)affects the enforceability of an agreement that is not in writing.

(7)This section does not apply to—

(a)an agreement for a short tenancy (moveable dwelling); or

(b)a periodic agreement mentioned in section 70(2).

s 61 amd 2021 No. 19 s 107 sch 1 pt 2

62Giving, signing and keeping written agreement

(1)The lessor or lessor’s agent must give the document prepared for section 61 to the tenant for signing on or before the day the tenant occupies the premises under a residential tenancy agreement.

Maximum penalty—20 penalty units.

(2)Within 5 days after receiving the document, the tenant must sign the document and return it to the lessor or lessor’s agent.

(3)Within 14 days after receiving the document signed by the tenant, the lessor or lessor’s agent must sign the document and return a copy signed by both parties to the tenant.

Maximum penalty—10 penalty units.

(4)This section does not apply to an agreement for a short tenancy (moveable dwelling).

s 62 amd 2021 No. 19 s 107 sch 1 pt 2

63Period lessor or lessor’s agent must keep agreement

(1)The lessor or lessor’s agent must keep a copy of the agreement prepared for section 61 for a period of 1 year after the term of agreement ends.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement.

64Orders of tribunal about giving and signing written agreement

(1)If the tenant reasonably believes the lessor has contravened section 62(1), the tenant may apply to a tribunal for an order that the lessor give the relevant document to the tenant for signing by a stated day.

(2)If the tenant reasonably believes the lessor has contravened section 62(3), the tenant may apply to a tribunal for an order that the lessor sign the relevant document and return a copy of it to the tenant by a stated day.

(3)If the lessor reasonably believes the tenant has contravened section 62(2), the lessor may apply to a tribunal for an order that the tenant sign the relevant document and return it to the lessor by a stated day.

(4)If, on an application made to a tribunal by the tenant, the lessor fails to satisfy the tribunal that the lessor acted reasonably in failing to comply with section 62(1) or (3), the tribunal may make the order sought.

(5)If, on an application made to a tribunal by the lessor, the tenant fails to satisfy the tribunal that the tenant acted reasonably in failing to comply with section 62(2), the tribunal may order the tenant to sign and return the relevant document to the lessor by a stated day.

65Condition report at start of tenancy

(1)This section applies to a lessor or lessor’s agent if the terms of the residential tenancy agreement are required to be in writing.

(2)The lessor or agent must on or before the day the tenant occupies the premises under the residential tenancy agreement—

(a)prepare, in the approved form, a condition report for the premises and any inclusions; and

(b)sign the condition report; and

(c)give a copy of the condition report to the tenant.

Maximum penalty—20 penalty units.

(3)The tenant must, within 7 days after the tenant occupies the premises under the residential tenancy agreement—

(a)sign the copy of the condition report given to the tenant; and

(b)if the tenant does not agree with the condition report—show the parts of the condition report the tenant disagrees with by marking the copy of the condition report in an appropriate way; and

(c)return the copy of the condition report to the lessor or agent.

Maximum penalty—20 penalty units.

(4)However, if the lessor or agent has not given a copy of the condition report to the tenant before the tenant occupies the premises, subsection (3) applies to the tenant as if a reference to occupying the premises were a reference to receiving the copy.

(5)If the tenant returns the copy of the condition report to the lessor or agent under subsection (3), the lessor or agent must make a copy of the condition report and return it to the tenant within 14 days.

Maximum penalty—20 penalty units.

(6)The lessor or agent must keep, at least until 1 year after the last residential tenancy agreement, to which a condition report relates, ends—

(a)the signed copy of the condition report returned to the lessor or agent by the tenant; or

(b)if the tenant does not return a signed copy—another copy of the condition report.

Maximum penalty—20 penalty units.

(7)If the lessor or agent complies with subsection (2) for a residential tenancy agreement (the original agreement), subsections (2) to (5) do not apply in relation to a later residential tenancy agreement (a renewal agreement) that continues the tenant’s right to occupy the same premises.

(8)Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the tenancy.

s 65 amd 2021 No. 19 s 34

66Condition report at end of tenancy

(1)This section—

(a)applies if a tenant’s right to occupy premises ends when a residential tenancy agreement ends; and

(b)does not apply if the tenant’s right to occupy the premises continues under another residential tenancy agreement.

(2)The tenant must, on or before the day the residential tenancy agreement ends—

(a)prepare, in the approved form, a condition report for the premises and any inclusions; and

(b)sign the condition report; and

(c)as soon as practicable after the agreement ends, give a copy of the condition report to the lessor or agent.

(3)The lessor or agent must, within 3 business days after receiving the copy of the condition report—

(a)sign the copy of the condition report; and

(b)if the lessor or agent does not agree with the condition report—show the parts of the condition report the lessor or agent disagrees with by marking the copy of the condition report in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the condition report and return it to the tenant at the address.

(4)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after the agreement ends.

s 66 amd 2021 No. 19 s 107 sch 1 pt 2

67Information statement

(1)The lessor or lessor’s agent must give to the tenant, as required by this section, a statement in the approved form containing information for the benefit of the tenant.

Maximum penalty—10 penalty units.

(2)Without limiting subsection (1), the information may be about—

(a)the duties and entitlements of the lessor and tenant; and

(b)the procedures for resolving disputes under the residential tenancy agreement (including conciliation processes); and

(c)entities to which issues about the residential tenancy agreement may be referred.

(3)For a residential tenancy agreement that is not an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant on the earlier of the following—

(a)when the written agreement is given to the tenant for signing;

(b)the day the tenant becomes entitled to occupy the premises under the agreement.

(4)For a residential tenancy agreement that is an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant when the tenancy commences.

(5)If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsections (1) to (4) do not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

s 67 amd 2021 No. 19 s 107 sch 1 pt 2

68Park rules

(1)This section applies only to moveable dwelling premises in a moveable dwelling park.

(2)The lessor or lessor’s agent must give to the tenant, as required by this section—

(a)a copy of the park rules; and

(b)if a park rule is changed—a copy of the rule as changed.

Maximum penalty—20 penalty units.

(3)The copy of the park rules must be given to the tenant—

(a)if the tenancy is a long tenancy (moveable dwelling)—when the agreement is given to the tenant for signing; or

(b)if the tenancy is a short tenancy (moveable dwelling)—at the start of the agreement.

(4)The copy of a park rule as changed must be given to the tenant as soon as practicable after the change takes effect.

(5)If a lessor or agent complies with subsection (2) for a tenant under a residential tenancy agreement, subsections (2)(a) and (3) do not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

s 68 amd 2021 No. 19 s 107 sch 1 pt 2

69Body corporate by-laws

(1)If body corporate by-laws are to apply to the occupation of premises by a tenant, the lessor or lessor’s agent must give the tenant a copy of the relevant by-laws, when giving the written agreement to the tenant for signing.

Maximum penalty—20 penalty units.

(2)If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsection (1) does not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

s 69 amd 2021 No. 19 s 107 sch 1 pts 1–2

70Continuation of fixed term agreements

(1)This section applies to a residential tenancy agreement if—

(a)it creates a residential tenancy for a fixed term; and

(b)none of the following notices is given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 324A;

(v)a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277(a).

(2)After the end day, the agreement continues to apply—

(a)on the same terms on which it applied immediately before the end day (other than any term about the agreement’s term); and

(b)on the basis the tenant is holding over under a periodic agreement.

(3)This section does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term.

(4)This section does not apply to a residential tenancy agreement if the tenancy is a short tenancy (moveable dwelling).

Note—

An agreement ends in the circumstances stated in section 277.

s 70 amd 2021 No. 19 s 107 sch 1 pt 1

71Tenant may apply to tribunal about significant change in subsequent agreement

(1)This section applies if—

(a)an agreement (the existing agreement) between a lessor and tenant creates a residential tenancy for premises; and

(b)the lessor of the premises enters into a new agreement with the tenant (the new agreement) for the premises that starts after the end of the existing agreement; and

(c)the new agreement contains 1 or more significant changes to the terms of the existing agreement; and

(d)at least 1 of the tenants mentioned in the existing agreement is a tenant for the new agreement.

(2)Also, this section applies whether or not the lessor for the existing agreement and the lessor for the new agreement are the same person.

(3)If the tenant considers the significant change is unreasonable, the tenant may apply to a tribunal for an order under this section.

(4)The application must be made within 30 days after the tenant enters into the new agreement.

(5)If the significant change relates to an increase in rent, the tribunal may reduce the rent payable under the agreement.

(6)In deciding an application that relates to an increase in rent, the tribunal must have regard to the following—

(a)the range of market rents usually charged for comparable premises;

(b)the proposed increased rent compared to the current rent;

(c)the state of repair of the premises;

(d)the term of the tenancy;

(e)the period since the last rent increase (if any);

(f)anything else the tribunal considers relevant.

(7)If the significant change relates to a change other than an increase in rent, the tribunal may make any order the tribunal considers appropriate in the circumstances.

(8)In deciding an application that relates to a significant change, other than an increase in rent, the tribunal must have regard to the following—

(a)how long the tenant has occupied the relevant premises;

(b)the impact of the significant change on the tenant;

(c)the impact on the lessor of not allowing the significant change;

(d)anything else the tribunal considers relevant.

(9)In addition to any order the tribunal may make under this section, the tribunal may order that the new agreement is taken to be altered as ordered by the tribunal.

(10)Subject to any order of the tribunal to the contrary, the terms of the new agreement apply from the day it is entered into.

(11)This section does not apply to an increase in rent 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.

(12)In this section—

significant change, to the terms of an existing agreement, means a change to any of the following —

(a)the special terms for the tenancy agreement for the tenancy;

(b)the rent amount, and whether it must be paid weekly, fortnightly or monthly;

(c)the way the rent must be paid;

(d)any services supplied to the premises, other than water, for which the tenant must pay;

(e)whether the tenant must pay for water supplied to the premises;

(f)the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants;

(g)whether pets are allowed;

(h)another matter prescribed under a regulation.

s 71 amd 2021 No. 19 s 107 sch 1 pt 1

72Terms of agreement include obligations under Act etc.

The following are taken to be included as terms of a rooming accommodation agreement between a provider and a resident—

(a)the obligations imposed on the provider and resident under chapter 4, part 1;

(b)the house rules for the rental premises;

(c)the terms of any conciliation agreement in force about the rooming accommodation agreement;

(d)other duties imposed on, or entitlements given to, the provider or resident under this Act.

73Standard terms

(1)A regulation may prescribe terms for inclusion in a rooming accommodation agreement.

(2)The terms prescribed for this section are the standard terms of a rooming accommodation agreement.

Note—

Under section 77(2), every rooming accommodation agreement must include the standard terms.

74Special terms

(1)The special terms of a rooming accommodation agreement are the terms of the agreement that are not—

(a)standard terms; or

(b)terms included in the agreement under section 72.

(2)The special terms may include, for example, terms about the provision of a food service or a personal care service to the resident.

75Contracting out prohibited

(1)An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a rooming accommodation agreement.

(2)A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Maximum penalty—50 penalty units.

(3)In this section—

agreement includes an agreement that is not a rooming accommodation agreement.

76Inconsistency

(1)If a provision of this Act is inconsistent with a term of a rooming accommodation agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a rooming accommodation agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

76A Offer of rooming accommodation must disclose particular information

(1)A provider or provider’s agent must not advertise or otherwise offer rooming accommodation unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer.

Maximum penalty—20 penalty units.

(2)A provider or provider’s agent must not accept a rental bond from a resident for rooming accommodation if the rooming accommodation was advertised or otherwise offered in contravention of subsection (1).

Maximum penalty—20 penalty units.

(3)This section does not apply to a person merely placing a sign on or near rental premises advertising that a room is available for rooming accommodation.

s 76A ins 2021 No. 19 s 35

76B Provider must give particular information to prospective resident

A provider or provider’s agent must give a prospective resident the information prescribed by regulation before doing any of the following—

(a)accepting a document from the prospective resident that commits the resident—

(i)to enter into a rooming accommodation agreement; or

(ii)to pay an amount for the accommodation;

(b)accepting an amount from the prospective resident for the accommodation;

(c)entering into a rooming accommodation agreement with the prospective resident.

Maximum penalty—20 penalty units.

s 76B ins 2021 No. 19 s 35

77Written agreement required

(1)A provider or provider’s agent must ensure a rooming accommodation agreement entered into with a resident is in writing to the extent, and in the way, required by this section.

Maximum penalty—20 penalty units.

(2)The written agreement must include the standard terms, and any special terms, for the agreement.

(3)If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the rental premises), the agreement is taken to include the standard term only if the information is properly included.

(4)The agreement must—

(a)be written in a clear and precise way; and

(b)state the provider’s name, address and any telephone number and the resident’s name and any telephone number; and

(c)fully describe the services to be provided under the agreement; and

(d)state the amount of rent payable, when it is payable and how it must be paid; and

(e)state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and

(f)state the amount of any rental bond payable; and

(g)for a fixed term agreement, state the term for which it applies; and

(h)be signed by the parties; and

(i)comply with any other requirement prescribed under a regulation.

(5)The costs of preparing the agreement are payable by the provider.

78Resident’s copy of agreement

(1)The provider or provider’s agent must give the document prepared for section 77 to the resident for signing on or before the day the resident occupies the room in rental premises under the agreement.

Maximum penalty—20 penalty units.

(2)Within 3 days after receiving the document signed by the resident, the provider or provider’s agent must sign the document and return a copy signed by both parties to the resident.

Maximum penalty—10 penalty units.

79Period provider or provider’s agent must keep agreement

(1)The provider or provider’s agent must keep a copy of the agreement prepared for section 77 for a period of 1 year after the term of agreement ends.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement.

80Application of sdiv 2

This subdivision applies to the provider and resident under a rooming accommodation agreement only if a rental bond is payable, or has been paid, under the agreement.

81Condition report at start of rooming accommodation

(1)The provider or provider’s agent must on or before the day the resident occupies a room in rental premises under the rooming accommodation agreement—

(a)prepare, in the approved form, a condition report for the room and the facilities in the room; and

(b)sign the condition report; and

(c)give a copy of the condition report to the resident.

Maximum penalty—20 penalty units.

(2)The resident must, within 7 days after the resident occupies the room under the rooming accommodation agreement—

(a)sign the copy of the condition report given to the resident; and

(b)if the resident does not agree with the condition report—show the parts of the condition report the resident disagrees with by marking the copy of the condition report in an appropriate way; and

(c)return the copy of the condition report to the provider or provider’s agent.

Maximum penalty—20 penalty units.

(3)However, if the provider or agent has not given a copy of the condition report to the resident before the resident occupies the room, subsection (2) applies to the resident as if a reference to starting to occupy the room were a reference to receiving the copy.

(4)If the resident returns the copy of the condition report to the provider or agent under subsection (2), the provider or agent must make a copy of the condition report and return it to the resident within 14 days.

Maximum penalty—20 penalty units.

(5)The provider or agent must keep, until at least 1 year after the last rooming accommodation agreement, to which a condition report relates, ends—

(a)the signed copy of the condition report returned to the provider or agent by the resident; or

(b)if the resident does not return a signed copy—another copy of the condition report.

Maximum penalty—20 penalty units.

(6)If the provider or agent complies with subsection (1) for a rooming accommodation agreement (the original agreement), subsections (1) to (4) do not apply in relation to a later rooming accommodation agreement (a renewal agreement) that continues the resident’s right to occupy the same room.

(7)Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the rooming accommodation.

(8)In this section—

resident, in relation to rental premises, includes a person who proposes to be a resident of the premises.

s 81 amd 2021 No. 19 s 36

82Continuation of fixed term agreement

(1)This section applies to a rooming accommodation agreement if—

(a)under the agreement, accommodation is provided to the resident for a fixed term; and

(b)neither the provider nor the resident gives the other party a notice under chapter 5, part 2 ending the agreement or agrees in writing with the other party to end the agreement under section 366(a).

(2)The rooming accommodation agreement continues to apply after the last day of the term, as a periodic agreement, on the same terms on which it applied immediately before the last day of the term, other than the term about the fixed term.

(3)This section does not stop the provider and resident from entering into another rooming accommodation agreement starting at the end of the fixed term.

s 82 amd 2021 No. 19 s 107 sch 1 pt 1

83How rent to be paid

(1)The tenant must pay the rent in an approved way.

(2)If an approved way for payment of rent is stated in the agreement, the tenant must pay the rent in the way stated.

(3)However, if, after signing the agreement—

(a)the lessor or tenant gives to the other party a written notice stating an approved way, or a different approved way, as the way in which rent is required, or is proposed, to be paid; and

(b)the other party agrees in writing (the rent agreement) to payments of rent being made in the way stated;

the tenant must pay the rent in the way stated while the rent agreement remains in force.

(4)Rent is paid in an approved way if it is paid by—

(a)cash; or

(b)cheque; or

(c)deposit to a financial institution account nominated by the lessor; or

(d)credit card; or

(e)an EFTPOS system; or

(f)deduction from pay, or a pension or other benefit, payable to the tenant; or

(g)another way agreed on by the lessor and tenant.

84Tenant must be given choices of approved ways for payment of rent and be advised about associated costs

(1)This section applies to a lessor or lessor’s agent that intends to—

(a)enter into an agreement with a tenant that provides for the payment of rent by an approved way under section 83(4)(g); or

(b)change an approved way to a different approved way under section 83(4)(g).

(2)The lessor or lessor’s agent must first give the tenant a written notice that—

(a)gives the tenant a choice of at least 2 other approved ways for the payment of rent under section 83(4)(a) to (f); and

(b)advises the tenant of the costs associated with the approved way offered under section 83(4)(g)—

(i)of which the tenant would not reasonably be aware; and

(ii)that the lessor or lessor’s agent knows or could reasonably be expected to ascertain.

Maximum penalty—20 penalty units.

85Where rent to be paid

(1)If the place for payment of rent is stated in an agreement, the tenant must pay the rent at the place stated.

(2)However, if, after signing the agreement, the lessor gives the tenant a written notice stating a place, or a different place, as the place at which rent is required to be paid and the place is reasonable, the tenant must pay the rent at the place stated in the notice while the notice is in force.

(3)If the place for payment of rent is not stated, the tenant must pay the rent at an appropriate place.

86Payment of rent by electronic transaction

(1)This section applies—

(a)if a tenant effects an electronic transaction to pay rent to the account of the lessor or lessor’s agent on a day; and

(b)does not take any action to defer the payment to the lessor’s or lessors agent’s account to a later day.

(2)Payment is taken to be received by the lessor or lessor’s agent on the day the tenant effects the electronic transaction.

(3)Subsection (2) applies even if, because of circumstances beyond the tenant’s control, the payment to the lessor’s or lessors agent’s account happens on a later day.

Example—

The tenant uses BPay to authorise payment of rent to be debited to the tenant’s account on a Wednesday. However, the financial institution, because of its internal arrangements, does not actually debit the tenant’s account and credit the lessor’s or lessors agent’s account until the next day. The rent payment is taken to have been received by the lessor or lessor’s agent on the Wednesday.

87Rent in advance

(1)A lessor or lessor’s agent must not require, as payment of rent in advance under an agreement, more than—

(a)for a periodic agreement or an agreement for moveable dwelling premises—2 weeks rent; or

(b)for another agreement—1 month rent.

Maximum penalty—20 penalty units.

(2)A lessor or lessor’s agent must not require a payment of rent under an agreement in a period for which rent has already been paid.

Maximum penalty—10 penalty units.

88Receipts and other records

(1)If rent under an agreement is paid in cash, the person receiving the payment must give a receipt as required by this section.

Maximum penalty—10 penalty units.

(2)If rent under an agreement is paid by cheque, the person receiving the payment must give a receipt, as required by this section, if the person making the payment asks for a receipt when making the payment.

Maximum penalty—10 penalty units.

(3)A receipt must be signed by the person receiving the payment.

(4)A receipt must be given to the person making the payment—

(a)if the payment is made by the person personally and in cash—when the payment is made; or

(b)if the payment is made by the person in cash but not personally—before the end of the next business day after the day the payment is received; or

(c)if the payment is made by cheque—within 3 business days after the day the payment is received.

(5)The lessor or lessor’s agent must, for a payment of rent under an agreement—

(a)make a written record of the payment (the rent payment record) as required by this section; and

(b)give a copy of the record to the tenant as required by this section, if the tenant asks for it.

Maximum penalty—10 penalty units.

(6)Subsection (5) does not apply if the rent payment—

(a)is made in cash; or

(b)is made by cheque and a receipt is given for the payment.

(7)A copy of a rent payment record asked for by a tenant must be given within 7 days after the request is made.

(8)A receipt or rent payment record must state—

(a)the tenant’s name; and

(b)the address of the premises; and

(c)the date the payment is received; and

(d)the period for which the payment is made; and

(e)the amount of the payment; and

(f)that the payment is a payment of rent.

89Keeping of records

(1)The lessor or lessor’s agent must keep, for at least the required period, for each payment of rent under the agreement—

(a)if a receipt was required to be given for the payment—a copy of the receipt, or another appropriate written record of the payment; or

(b)if a receipt was not required to be given for the payment—the rent payment record for the payment.

Maximum penalty—15 penalty units.

(2)For subsection (1), the required period is—

(a)the period fixed under a regulation and ending more than 1 year after the agreement ends; or

(b)if a period is not fixed under a regulation—the period ending 1 year after the agreement ends.

90False, misleading or incomplete rent records

(1)In this section—

rent record means a receipt, rent payment record or another record of a rent payment.

(2)A person must not—

(a)in a rent record, make an entry the person knows is false or misleading in a material particular; or

(b)fail to enter a material particular in a rent record, unless the person does not know, and can not reasonably obtain, the necessary information.

Maximum penalty—20 penalty units.

91Rent increases

(1)This section applies to increases in rent for the following—

(a)a periodic agreement;

(b)a fixed term agreement, during the term of the agreement.

(2)If the lessor proposes to increase the rent, the lessor must give written notice of the proposal to the tenant in the way required by this section.

(3)The notice must state—

(a)the amount of the increased rent; and

(b)the day from when the increased rent is payable.

(4)The day stated must not be earlier than 2 months after the notice is given.

(5)Subject to an order of a tribunal under section 92, the increased rent is payable from the day stated in the notice, and the agreement is taken to be amended accordingly.

(6)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this section; and

(b)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)the keeping of a pet or working dog at the premises.

(7)Also, the rent under a fixed term agreement may not be increased before the term ends unless—

(a)the agreement provides for a rent increase; and

(b)the agreement states the amount of the increase or how the amount of the increase is to be worked out; and

(c)the increase is made under the agreement.

(8)This section applies subject to section 93.

(9)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; or

(c)the lessor is the replacement lessor under a community housing provider tenancy agreement.

Note—

This section does not apply to an increase in rent from one fixed term agreement to the next.

s 91 amd 2013 No. 58 s 4; 2021 No. 19 s 37

92Tenant’s application to tribunal about rent increase

(1)This section applies if the lessor gives the tenant notice of a proposed rent increase and the tenant believes the increase—

(a)is excessive; or

(b)is not payable under section 91.

(2)The tenant may apply to the tribunal for an order mentioned in subsection (4).

(3)The application must be made—

(a)within 30 days after the tenant receives the notice; and

(b)if the agreement is a fixed term agreement—before the term of the agreement ends.

(4)The tribunal may make either of the following orders on an application under this section—

(a)an order reducing the amount of the proposed increase of rent by a stated amount;

(b)an order setting aside the amount of the proposed increase of rent.

(5)In deciding the application, the tribunal must have regard to the following—

(a)the range of market rents usually charged for comparable premises;

(b)the proposed increased rent compared to the current rent;

(c)the state of repair of the premises;

(d)the term of the tenancy;

(e)the period since the last rent increase (if any);

(f)if the proposed rent increase relates to the prescribed minimum housing standards—any repairs or maintenance carried out to the premises or inclusions;

(g)if the proposed rent increase relates to keeping a pet or working dog at the premises—the approval to keep the pet or the right to keep the working dog.

(6)The tribunal may also have regard to other matters the tribunal considers relevant.

(7)Without limiting the tribunal’s powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application.

(8)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; or

(c)the lessor is the replacement lessor under a community housing provider tenancy agreement.

s 92 amd 2013 No. 58 s 5; 2021 No. 19 s 38

93Minimum period before rent can be increased

(1)This section applies to rent (the existing rent) payable to a lessor or lessor’s agent by the tenant of premises under a residential tenancy agreement.

(2)The lessor or lessor’s agent must not increase the existing rent less than 6 months since the date the existing rent became payable by the tenant.

Maximum penalty—20 penalty units.

(3)Nothing prevents a lessor or lessor’s agent from giving notice of an increase in rent within 6 months since the last increase provided the increase does not take effect until 6 months or more since the last increase.

(4)This section applies whether the increase in the existing rent is to take effect during an existing agreement or from one agreement to the next.

(5)This section also applies—

(a)if at least 1 of the tenants responsible for the existing rent will be subject to the increase in rent; and

(b)whether or not the lessor who increases the rent is the same person as the lessor who last increased the rent.

(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; or

(c)the lessor is the replacement lessor under a community housing provider tenancy agreement.

s 93 amd 2013 No. 58 s 6

94Rent decreases

(1)This section applies if the premises—

(a)are destroyed, or made completely or partly unfit to live in, in a way that does not result from a breach of the agreement; or

(b)no longer may be used lawfully as a residence; or

(c)are appropriated or acquired compulsorily by an authority.

(2)This section also applies if—

(a)services, facilities or goods to be provided to the tenant under the agreement are no longer available or are withdrawn other than because the tenant failed to meet the tenant’s obligations under the agreement; or

(b)the amenity or standard of the premises decreases substantially other than because of malicious damage caused by the tenant.

(3)The rent payable under the agreement decreases accordingly or, if an order for a decrease in the rent is made by a tribunal, to the extent stated in the order.

(4)A tribunal may make an order for a rent decrease only if—

(a)the tenant applies to the tribunal for the order; and

(b)if this section applies because of subsection (1)—the premises are partly unfit to live in.

95Seizure of tenant’s goods for rent etc.

(1)A person must not seize or dispose of a tenant’s goods as security for, or in payment of any of the following—

(a)rent payable under an agreement;

(b)an amount payable to the lessor, or at the lessor’s direction, by way of reimbursement for an amount payable by the tenant under the agreement but paid by the lessor for the tenant;

(c)a claim for loss or damage caused by the tenant’s breach of the agreement.

Maximum penalty—40 penalty units.

(2)However, subsection (1) does not apply to the seizure or disposal of goods under section 363 or an enforcement warrant.

96Rent payment must not be applied for any other purpose

(1)This section applies if the tenant pays an amount for rent to the lessor or lessor’s agent.

(2)The lessor or lessor’s agent must not apply the amount to, or use the amount for, any other purpose.

Maximum penalty—40 penalty units.

(3)An amount paid by the tenant for rent is taken to be payment of rent even if the lessor or lessor’s agent applies it to, or uses it for, another purpose.

97Apportionment

(1)The rent payable under an agreement accumulates from day to day.

(2)On the ending of the agreement—

(a)the rent is to be appropriately apportioned; and

(b)the appropriate amount is payable by or to the tenant.

(3)If there is a dispute between the lessor and tenant about the amount payable, either party may apply to a tribunal and the tribunal may make any order it considers appropriate about the payment of an amount by or to the tenant.

98How rent is to be paid

(1)The resident must pay the rent in an approved way.

(2)If an approved way for payment of rent is stated in the agreement, the resident must pay the rent in the way stated.

(3)However, if, after signing the agreement—

(a)the provider or resident gives to the other party a written notice stating an approved way, or a different approved way, as the way in which rent is required, or is proposed, to be paid; and

(b)the other party agrees in writing (the rent agreement) to payments of rent being made in the way stated;

the resident must pay the rent in the way stated while the rent agreement remains in force.

(4)Rent is paid in an approved way if it is paid by—

(a)cash; or

(b)cheque; or

(c)deposit to a financial institution account nominated by the provider; or

(d)credit card; or

(e)an EFTPOS system; or

(f)deduction from pay, or a pension or other benefit, payable to the resident; or

(g)another way agreed on by the provider and resident.

99Resident must be given choices of approved ways for payment of rent and be advised about associated costs

(1)This section applies to a provider or provider’s agent that intends to—

(a)enter into an agreement with a resident that provides for the payment of rent by an approved way under section 98(4)(g); or

(b)change an approved way to a different approved way under section 98(4)(g).

(2)The provider or provider’s agent must first give the resident a written notice that—

(a)gives the resident a choice of at least 2 other approved ways for the payment of rent under section 98(4)(a) to (f); and

(b)advises the resident of the costs associated with the approved way offered under section 98(4)(g)—

(i)of which the resident would not reasonably be aware; and

(ii)that the provider or provider’s agent knows or could reasonably be expected to ascertain.

Maximum penalty—20 penalty units.

100Where rent is to be paid

(1)If the place for payment of rent is stated in the agreement, the resident must pay the rent at the place stated.

(2)However, if, after signing the agreement, the provider gives the resident a written notice stating a place, or a different place, as the place where rent is required to be paid and the place is reasonable, the resident must pay the rent at the place stated in the notice while the notice is in force.

(3)If the place for payment of rent is not stated, the resident must pay the rent at an appropriate place.

101Rent in advance

(1)A provider or provider’s agent must not require a resident to pay more than 2 weeks rent in advance.

Maximum penalty—20 penalty units.

(2)A provider or provider’s agent must not require a payment of rent under an agreement in a period for which rent has already been paid.

Maximum penalty—10 penalty units.

102Receipts and other records

(1)If rent under an agreement is paid in cash, the person receiving the payment must give a receipt as required by this section.

Maximum penalty—10 penalty units.

(2)If rent under an agreement is paid by cheque, the person receiving the payment must give a receipt, as required by this section, if the person making the payment asks for a receipt when making the payment.

Maximum penalty—10 penalty units.

(3)A receipt must be signed by the person receiving the payment.

(4)A receipt must be given to the person making the payment—

(a)if the payment is made by the person personally and in cash—when the payment is made; or

(b)if the payment is made by the person in cash but not personally—before the end of the next business day after the day the payment is received; or

(c)if the payment is made by cheque—within 3 business days after the day the payment is received.

(5)The provider or provider’s agent must, for a payment of rent under an agreement—

(a)make a written record of the payment (the rent payment record) as required by this section; and

(b)give a copy of the record to the resident as required by this section, if the resident asks for it.

Maximum penalty—10 penalty units.

(6)Subsection (5) does not apply if the rent payment—

(a)is made in cash; or

(b)is made by cheque and a receipt is given for the payment.

(7)A copy of a rent payment record asked for by a resident must be given within 7 days after the request is made.

(8)The receipt or rent payment record must state the following—

(a)the resident’s name;

(b)the address of the rental premises;

(c)the number of the resident’s room or, if the room does not have a number, another identifier for the room;

(d)the date the payment is received;

(e)the period for which the payment is made;

(f)the amount of the payment;

(g)that the payment is a payment of rent;

(h)the individual amounts for each of the following—

(i)accommodation;

(ii)any food service;

(iii)any personal care service.

103Keeping of records

(1)The provider or provider’s agent must keep, for at least the required period, for each payment of rent under the agreement—

(a)if a receipt was required to be given for the payment—a copy of the receipt, or another appropriate written record of the payment; or

(b)if a receipt was not required to be given for the payment—the rent payment record for the payment.

Maximum penalty—15 penalty units.

(2)For subsection (1), the required period is—

(a)the period fixed under a regulation and ending more than 1 year after the agreement ends; or

(b)if a period is not fixed under a regulation—the period ending 1 year after the agreement ends.

104False, misleading or incomplete rent records

(1)In this section—

rent record means a receipt, rent payment record or another record of a rent payment.

(2)A person must not—

(a)in a rent record, make an entry the person knows is false or misleading in a material particular; or

(b)fail to enter a material particular in a rent record, unless the person does not know, and can not reasonably obtain, the necessary information.

Maximum penalty—20 penalty units.

105Rent increases

(1)This section applies if a provider proposes to increase the rent payable by a resident under a rooming accommodation agreement.

(2)The provider must give the resident a written notice stating—

(a)the amount of the increased rent; and

(b)the day, not earlier than 4 weeks after the day the notice is given, from which the increased rent is payable.

(3)Subject to an order of a tribunal under section 105A, the increased rent is payable from the day stated in the notice, and the rooming accommodation agreement is taken to be amended accordingly.

(4)However, the increased rent is payable by the resident only if—

(a)the rent is increased in compliance with this section; and

(b)the rent increase does not relate to—

(i)compliance of the rental premises or inclusions with the prescribed minimum housing standards; or

(ii)the keeping of a pet or working dog in the resident’s room.

(5)Also, if the rooming accommodation agreement is for a fixed term, the rent may not be increased before the term ends unless—

(a)the agreement provides for a rent increase; and

(b)the agreement states the amount of the increase or how the amount of the increase is to be worked out; and

(c)the increase is made under the agreement.

(6)Subsections (2) to (5) do not apply if the parties amend the rooming accommodation agreement to provide for another service to be provided by the provider to the resident and for an increase in the rent in payment of the service.

(7)However, subsection (6) does not apply if the provision of the service—

(a)is necessary for the rental premises or inclusions to comply with the prescribed minimum housing standards; or

(b)is a condition of the provider’s approval to keep a pet in the resident’s room.

s 105 amd 2021 No. 19 s 39

105A Resident’s application to tribunal about rent increase

(1)This section applies if the provider gives the resident notice of a proposed rent increase and the resident believes the increase—

(a)is excessive; or

(b)is not payable under section 105.

(2)The resident may apply to the tribunal for an order mentioned in subsection (4).

(3)The application must be made—

(a)within 30 days after the resident receives the notice; and

(b)if the rooming accommodation agreement is for a fixed term—before the term of the agreement ends.

(4)The tribunal may make either of the following orders on the application—

(a)an order reducing the amount of the proposed increase of rent by a stated amount;

(b)an order stopping the proposed increase of rent.

(5)In deciding the application, the tribunal must have regard to the following—

(a)the range of market rents usually charged for comparable accommodation;

(b)the proposed increased rent compared to the current rent;

(c)the state of repair of the rental premises;

(d)the term of the accommodation;

(e)the period since the last rent increase (if any);

(f)if the proposed rent increase relates to compliance of the rental premises or inclusions with the prescribed minimum housing standards—any repairs or maintenance carried out to the rental premises or inclusions since the resident began to occupy the rental premises;

(g)if the proposed rent increase relates to keeping a pet or working dog in the resident’s room—the approval to keep the pet or the right to keep the working dog.

(6)The tribunal may also have regard to any other matter the tribunal considers relevant.

(7)Without limiting the tribunal’s powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application.

s 105A ins 2021 No. 19 s 40

106Rent decreases for matters including loss of amenity or service

(1)This section applies to a rooming accommodation agreement if—

(a)a resident’s room or common areas become partly unfit to live in, or their amenity or standard substantially decreases, other than because of intentional or reckless damage caused by the resident or a guest of the resident; or

(b)a service provided to the resident under the agreement is no longer available or is withdrawn, or the standard of the service substantially decreases, other than because the resident has not met the resident’s obligations under the agreement.

(2)The rent payable under the agreement decreases by the amount, and from the time, agreed between the provider and the resident.

(3)If the provider and the resident can not agree on the amount or time for the decrease, either of them may apply to a tribunal for an order decreasing the rent by a stated amount from a stated time.

(4)On an application under this section a tribunal may make the order it considers appropriate.

107Rent decreases because of resident’s absence

(1)This section applies to a rooming accommodation agreement if either of the following is not provided to the resident because of the resident’s absence—

(a)a personal care service;

(b)a food service, but only if the resident is absent from the rental premises for a continuous period of more than 2 weeks.

(2)The provider and the resident may agree to a reduction in rent for the period of the absence.

(3)If the provider and the resident can not agree on a reduction in rent for the period of the absence, the resident may apply to a tribunal for an order decreasing the rent by a stated amount for the period.

(4)On an application under this section a tribunal may make the order it considers appropriate.

(5)Before making an order the tribunal must have regard to the following—

(a)any special term of the agreement in relation the matter;

(b)the reason for the absence;

(c)the length of the absence;

(d)whether the resident gave the provider notice of the absence;

(e)whether the resident was able to give the provider notice of the absence;

(f)if the resident gave the provider notice of the absence—the length of the notice;

(g)the impact of any reduction of rent on the provider or other residents.

108Seizure of resident’s goods for rent etc.

(1)A person must not seize or dispose of a resident’s property as security for, or in payment of, any of the following—

(a)rent payable under the rooming accommodation agreement;

(b)an amount payable to the provider, or at the provider’s direction, in reimbursement of an amount that was payable by the resident under the rooming accommodation agreement but was paid by the provider for the resident;

(c)a claim for loss or damage caused by the resident’s breach of the rooming accommodation agreement.

Maximum penalty—40 penalty units.

(2)However, subsection (1) does not apply to the deduction of an amount under section 392(4) or the seizure or disposal of property under section 393 or an enforcement warrant.

109Apportionment

(1)The rent payable under an agreement accumulates from day to day.

(2)On the ending of the agreement—

(a)the rent is to be appropriately apportioned; and

(b)the appropriate amount is payable by or to the resident.

(3)If there is a dispute between the provider and resident about the amount payable, either party may apply to a tribunal and the tribunal may make any order it considers appropriate about the payment of an amount by or to the resident.

110Application of part

(1)This part applies to rental bonds—

(a)paid for residential tenancy agreements; or

(b)paid for rooming accommodation agreements; or

(c)paid by boarders and lodgers.

Note—

See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.

(2)For the purpose of applying this part to a rental bond paid by a boarder or lodger—

(a)a reference to a resident is taken to be a reference to the boarder or lodger; and

(b)a reference to a provider is taken to be a reference to the person providing the accommodation to the boarder or lodger; and

(c)a reference to a rooming accommodation agreement is taken to be a reference to the arrangement under which accommodation is provided to the boarder or lodger.

s 110 sub 2021 No. 19 s 4

111Meaning of rental bond

(1)A rental bond is an amount—

(a)for a residential tenancy agreement—

(i)paid by or for the tenant under the agreement; and

(ii)intended to be available for the financial protection of the lessor against the tenant breaching the agreement; or

(b)for a rooming accommodation agreement—

(i)paid by or for the resident under the agreement; and

(ii)intended to be available for the financial protection of the provider against the resident breaching the agreement.

(2)However, a rental bond does not include rent paid in advance.

(3)In deciding whether an amount is a rental bond, it does not matter—

(a)when the amount is paid; or

(b)if the amount is paid directly to the authority; or

(c)to or by whom the amount is paid; or

(d)how the amount is described in the residential tenancy agreement or rooming accommodation agreement about the payment of the amount.

(4)A rental bond includes a part of a rental bond.

s 111 amd 2021 No. 19 s 5

112Meaning of maximum rental bond

(1)A maximum rental bond, for a residential tenancy agreement, is an amount equal to the rent payable under the agreement for the period of—

(a)for moveable dwelling premises—

(i)if the tenancy is a long tenancy (moveable dwelling) and electricity supplied to the premises is supplied in the lessor’s name and individually metered—3 weeks; or

(ii)otherwise—2 weeks; or

(b)for other premises—4 weeks.

(2)A maximum rental bond, for a rooming accommodation agreement, is an amount equal to the rent payable under the agreement for the period of 4 weeks.

Note—

See section 146 for an offence of requiring or accepting more than the maximum amount for a rental bond.

113Who is a contributor for a rental bond

(1)A person is a contributor for a rental bond for a residential tenancy agreement if—

(a)for an agreement with 1 tenant—the person is the tenant; or

(b)for an agreement with more than 1 tenant—

(i)the person is 1 of the tenants; and

(ii)the authority is satisfied the person is responsible for payment of all or part of the bond.

(2)A person is a contributor for a rental bond for a rooming accommodation agreement if—

(a)for an agreement with 1 resident—the person is the resident; or

(b)for an agreement with more than 1 resident—

(i)the person is 1 of the residents; and

(ii)the authority is satisfied the person is responsible for payment of all or part of the bond.

(3)Without limiting subsection (1)(b)(ii) or (2)(b)(ii), the authority may be satisfied a person is responsible for payment of all or part of a rental bond because—

(a)the rental bond notice for the agreement indicates the person paid the bond or contributed to payment of the bond; or

(b)a tenant or resident—

(i)is shown on the rental bond notice for the agreement to have paid the bond; and

(ii)has given the authority a written notice naming the person as a contributor for the bond; or

(c)a former tenant or former resident—

(i)is shown on the rental bond notice for the agreement to have contributed to payment of the bond; and

(ii)has given the authority a written notice naming the person as a contributor for the bond in place of the former tenant or former resident.

s 113 sub 2021 No. 19 s 6

114Bond loan contributor

A person is a bond loan contributor if—

(a)the person is a contributor for a rental bond; and

(b)the person is a cotenant or coresident; and

(c)the person’s share of the bond was provided, in whole or in part, by way of loan, by the department in which the Housing Act 2003 is administered.

s 114 amd 2021 No. 19 s 107 sch 1 pt 1

115Share of a rental bond

(1)This section applies if there is more than 1 contributor for a rental bond.

(2)If the authority is satisfied a contributor for a rental bond is responsible for payment of a certain amount of the bond, that amount is the contributor’s share of the bond.

(3)The authority may assume 2 or more contributors for a rental bond are responsible for payment of the bond, or part of the bond, in equal shares if the authority—

(a)is satisfied the contributors are responsible for payment of the bond or that part of the bond; but

(b)has not been notified, by a rental bond notice or a written notice from the contributors, of the amount for which each of the contributors is responsible.

116Duty to pay rental bond

(1)A person receiving an amount that is to be applied to a rental bond must, within 10 days of receiving it—

(a)pay it to the authority; and

(b)give the authority a notice, in the approved form, about the rental bond.

Maximum penalty—40 penalty units.

(2)Subsection (1) does not apply to a person to whom section 117 or 118 applies.

s 116 amd 2021 No. 19 s 107 sch 1 pt 1

117Duty to pay rental bond instalments under residential tenancy agreement

(1)This section applies to a lessor who—

(a)receives financial or other assistance from the State to supply rented accommodation to persons; and

(b)enters into a residential tenancy agreement using the assistance; and

(c)receives from the tenant a number of rental bonds for the agreement (the rental bond instalments).

(2)If the lessor or lessor’s agent has received all the rental bond instalments, the lessor or agent must, within 10 days after receiving the last instalment—

(a)pay the instalments to the authority; and

(b)give the authority a notice, in the approved form, about the instalments.

Maximum penalty—40 penalty units.

(3)If the agreement ends before the lessor or agent receives all the rental bond instalments, the lessor or agent must, within 10 days after the ending of the agreement—

(a)pay the instalments received by the lessor or agent to the authority; and

(b)give the authority a notice, in the approved form, about the instalments.

Maximum penalty—40 penalty units.

118Duty to pay rental bond instalments under rooming accommodation agreement

(1)This section applies if the provider under a rooming accommodation agreement receives from the resident a number of rental bonds for the agreement (the rental bond instalments).

(2)If the provider or provider’s agent has received all the rental bond instalments, the provider or agent must, within 10 days after receiving the last instalment—

(a)pay the instalments to the authority; and

(b)give the authority a notice, in the approved form, about the instalments.

Maximum penalty—40 penalty units.

(3)If the agreement is ended before the provider or provider’s agent receives all the rental bond instalments, the provider or agent must, within 10 days after the ending of the agreement—

(a)pay to the authority the instalments received by the provider or agent; and

(b)give the authority a notice, in the approved form, about the instalments.

Maximum penalty—40 penalty units.

(4)If, on the day that is 3 months after the provider or provider’s agent receives the first rental bond instalment, the agreement has not ended and the provider or agent has not received all the rental bond instalments, the provider or agent must—

(a)within 10 days after that day—

(i)pay to the authority the instalments received by the provider or agent; and

(ii)give the authority a notice, in the approved form, about the instalments; and

(b)for each instalment received after that day—

(i)pay the instalment to the authority within 10 days after receiving it; and

(ii)give the authority a notice, in the approved form, about the instalment.

Maximum penalty—40 penalty units.

(5)This section does not apply in relation to a rental bond for accommodation of a boarder or lodger.

s 118 amd 2021 No. 19 s 107 sch 1 pt 1

119Duty to pay rental bond if financial protection given

(1)This section applies to a lessor under a residential tenancy agreement, or a provider under a rooming accommodation agreement, if—

(a)financial protection against a breach of the agreement by the tenant or resident is given to the lessor or provider (whether by a guarantee or undertaking given by a financial institution or in another way); and

(b)the financial protection is not given in the form of a rental bond; and

(c)the maximum rental bond for the agreement is not paid.

(2)Within 10 days after the financial protection is given, the lessor, provider or the lessor’s or provider’s agent must pay to the authority an amount equal to—

(a)the maximum rental bond for the agreement; or

(b)if a rental bond less than the maximum rental bond has been paid—the difference between the maximum rental bond and the amount of rental bond actually paid.

Maximum penalty—40 penalty units.

(3)An amount paid, or required to be paid, to the authority under subsection (2) is taken to be a rental bond.

s 119 amd 2021 No. 19 s 107 sch 1 pt 1

120Acknowledging receipt of rental bond

As soon as practicable after receiving a rental bond, the authority must give separate written acknowledgements of the receipt to the lessor and tenant.

121No entitlement to interest

No one other than the State has legal or beneficial entitlement to an amount earned on the investment of a rental bond held by the authority.

s 121 amd 2022 No. 10 s 6

122Continuance of rental bond

(1)This section applies if—

(a)the authority holds a rental bond for a residential tenancy agreement or a rooming accommodation agreement; and

(b)the agreement ends; and

(c)either—

(i)the tenant continues occupying the premises under another agreement (the renewal agreement) with the lessor; or

(ii)the resident continues occupying a room in the rental premises under another agreement (also the renewal agreement) with the provider; and

(d)the authority does not receive an application for payment of the rental bond.

(2)The rental bond is taken to be a rental bond for the renewal agreement.

s 122 amd 2021 No. 19 s 107 sch 1 pt 1

123Purpose of division

This division deals with the payment by the authority of rental bonds held by it.

124Making payment

The authority may pay a rental bond only under this division.

125Application for payment

(1)An application to the authority for payment of a rental bond must be made in the approved form.

(2)An application may only direct a payment to be made to the lessor, provider or a contributor for the bond.

s 125 amd 2021 No. 19 s 107 sch 1 pt 1

126Application of sdiv 2

This subdivision applies to an application to the authority for payment of a rental bond if there is only 1 contributor for the bond.

Note—

See, however, section 135A.

s 126 amd 2021 No. 19 s 107 sch 1 pt 1

127Joint application by contributor and lessor or provider

(1)This section applies if the application is made jointly by the contributor and—

(a)for a rental bond for a residential tenancy agreement—the lessor; or

(b)for a rental bond for a rooming accommodation agreement—the provider.

(2)The authority must make each payment as directed by the application.

s 127 sub 2021 No. 19 s 7

128Application only by lessor or provider

(1)This section applies if the application is made only by the lessor or provider.

(2)If the application directs that a payment be made to the contributor, the authority must make the payment.

(3)If the application directs that a payment be made to the lessor or provider—

(a)the authority must make the payment as required under subdivision 4; and

(b)the contributor is the interested person for the payment.

s 128 amd 2021 No. 19 s 107 sch 1 pt 1

129Application only by contributor

(1)This section applies if the application is made by the contributor only.

(2)If the application directs that a payment be made to the lessor or provider, the authority must make the payment.

(3)If the application directs that a payment be made to the contributor—

(a)the authority must make the payment as required under subdivision 4; and

(b)the lessor or provider is the interested person for the payment.

s 129 amd 2021 No. 19 s 107 sch 1 pt 1

130Application of sdiv 3

This subdivision applies to an application to the authority for payment of a rental bond if there is more than 1 contributor for the bond.

Note—

See, however, section 135A.

s 130 amd 2021 No. 19 s 107 sch 1 pt 1

131Joint application by every contributor and the lessor or provider

If the application is made jointly by every contributor and the lessor or provider, the authority must make each payment directed by the application.

s 131 amd 2021 No. 19 s 107 sch 1 pt 1

132Joint application by some contributors and the lessor or provider

(1)This section applies if the application is made jointly by—

(a)some, but not all, of the contributors; and

(b)the lessor or provider.

(2)If there is only 1 non-applicant contributor and the application directs that a payment be made to the non-applicant contributor, the authority must make the payment.

(3)If the application directs that payments be made to all of the contributors in the same proportions as their shares of the bond, the authority must make the payments.

(4)If the application directs that each non-applicant contributor be paid his or her entire share of the bond, the authority must make those payments and any other payments directed by the application.

(5)Otherwise—

(a)the authority must make the payment as required under subdivision 4; and

(b)each non-applicant contributor is an interested person for the payment.

(6)In this section—

non-applicant contributor means a contributor who is not an applicant.

s 132 amd 2021 No. 19 s 107 sch 1 pt 1

133Application only by lessor or provider

(1)This section applies if the application is made only by the lessor or provider.

(2)If the application directs that payments be made to all of the contributors in the same proportions as their shares of the bond, the authority must make the payments.

(3)Otherwise—

(a)the authority must make the payment as required under subdivision 4; and

(b)each contributor is an interested person for the payment.

s 133 amd 2021 No. 19 s 107 sch 1 pt 1

134Application made only by all contributors

(1)This section applies if the application is made by every contributor but not jointly with the lessor or provider.

(2)If the application directs that a payment be made to the lessor or provider, the authority must make the payment.

(3)If the application directs that a payment be made to a contributor—

(a)the authority must make the payment as required under subdivision 4; and

(b)the lessor or provider is the interested person for the payment.

s 134 amd 2021 No. 19 s 107 sch 1 pt 1

135Application only by some contributors

(1)This section applies if the application is made by some, but not all, of the contributors and not jointly with the lessor or provider.

(2)If the application directs that a payment be made to the lessor or provider—

(a)the authority must make the payment as required under subdivision 4; and

(b)each non-applicant contributor is an interested person for the payment.

(3)If the application directs that a payment be made to a contributor—

(a)the authority must make the payment as required under subdivision 4; and

(b)the lessor or provider and each non-applicant contributor are interested persons for the payment.

(4)In this section—

non-applicant contributor means a contributor who is not an applicant.

s 135 amd 2021 No. 19 s 107 sch 1 pt 1

ch 2 pt 3 div 3 hdg ins 2021 No. 19 s 8

135AApplication of subdivision

(1)This subdivision applies to an application to the authority for payment of a rental bond made by a tenant or resident who, after experiencing domestic violence—

(a)ended a residential tenancy agreement or an interest in an agreement under chapter 5, part 1, division 3, subdivision 2A; or

(b)ended a rooming accommodation agreement or an interest in an agreement under chapter 5, part 2, division 3, subdivision 2A.

(2)If an application to the authority for payment of a rental bond is made by a person mentioned in subsection (1), subdivisions 2 and 3 do not apply to the application.

(3)To remove any doubt, it is declared that this subdivision applies to the application regardless of the number of contributors for the rental bond.

s 135A ins 2021 No. 19 s 8

135BJoint application by contributor and lessor or provider

(1)This section applies if the application is made jointly by the contributor and—

(a)for a rental bond for a residential tenancy agreement—the lessor; or

(b)for a rental bond for a rooming accommodation agreement—the provider.

(2)The authority must make each payment as directed by the application.

s 135B ins 2021 No. 19 s 8

135CApplication only by lessor or provider

(1)This section applies if the application is made only by the lessor or provider.

(2)If the application directs that a payment be made to the contributor, the authority must make the payment.

(3)If the application directs that a payment be made to the lessor or provider—

(a)the authority must make the payment as required under subdivision 4; and

(b)the contributor is the interested person for the payment.

s 135C ins 2021 No. 19 s 8

135DApplication only by contributor

(1)This section applies if the application is made by the contributor only.

(2)If the application directs that a payment be made to the lessor or provider, the authority must make the payment.

(3)If the application directs that a payment be made to the contributor—

(a)the authority must make the payment as required under subdivision 4; and

(b)the lessor or provider is the interested person for the payment.

s 135D ins 2021 No. 19 s 8

ch 2 pt 3 div 3 hdg amd 2021 No. 19 s 107 sch 1 pt 1

136Notice of application for payment of rental bond

(1)This section applies if—

(a)the authority receives an application for payment of a rental bond under section 125; and

(b)under subdivision 2, 3 or 3A, there are 1 or more interested persons for the payment directed to be made under the application.

(2)The authority must give written notice of the application to each interested person.

s 136 sub 2021 No. 19 s 9

136AResponse by interested person to application for payment of rental bond

(1)This section applies if the authority gives an interested person written notice of an application for payment of a rental bond.

(2)The interested person may, within 14 days after receiving the written notice, make a dispute resolution request to the authority about the payment.

Note—

See section 402 for making a dispute resolution request.

s 136A ins 2021 No. 19 s 9

136BApplication to tribunal if conciliation process ends without conciliated resolution

(1)This section applies if—

(a)an interested person makes a dispute resolution request about payment of a rental bond mentioned in section 136A; and

(b)the conciliation process ends without a conciliated resolution being reached; and

(c)the authority gives the interested person written notice about the ending of the conciliation process.

(2)The interested person may apply to the tribunal for an order about the payment of the rental bond.

(3)The application must be made within 7 days after the interested person is given the written notice from the authority about the ending of the conciliation process.

(4)If the interested person applies to the tribunal for an order about the payment of the rental bond, the person must give the authority written notice of the application.

s 136B ins 2021 No. 19 s 9

136CExtension of time to apply to tribunal

(1)This section applies if, under section 136B, an interested person may apply to the tribunal for an order about the payment of a rental bond.

(2)The interested person may, within the claim period, make a written request to the authority for an extension of the claim period of up to 3 days.

(3)The authority may grant the request only if the authority is satisfied there is sufficient reason to extend the claim period.

Examples of a sufficient reason—

1The interested person did not receive the written notice under section 136B(1)(c) because the mail was affected by a natural disaster.

2The interested person was hospitalised during the claim period.

(4)In this section—

claim period, for an application under section 136B, means the period within which the application must be made under that section.

s 136C ins 2021 No. 19 s 9

136DTribunal order about payment of rental bond

(1)This section applies if, under section 136B, an interested person applies to the tribunal for an order about the payment of a rental bond.

(2)The tribunal may make any order about payment of the rental bond the tribunal considers appropriate having regard to—

(a)for a residential tenancy agreement—

(i)the efforts made by the tenant to comply with the tenant’s obligation under section 188(4); and

(ii)the lessor and tenant’s compliance with this Act for the agreement; and

(iii)the evidence supporting any claim on all or part of the rental bond; or

(b)for a rooming accommodation agreement—

(i)the efforts made by the resident to comply with the resident’s obligation under section 253(i); and

(ii)the provider and resident’s compliance with this Act for the agreement; and

(iii)the evidence supporting any claim on all or part of the rental bond.

(3)However, the tribunal’s order must not have the effect of penalising a tenant or resident for any damage, caused by an act of domestic violence committed against the tenant or resident, to—

(a)for a residential tenancy agreement—the premises or inclusions; or

(b)for a rooming accommodation agreement—the resident’s room or inclusions.

s 136D ins 2021 No. 19 s 9

136EPayment of rental bond after dispute resolution process

(1)This section applies if—

(a)the authority receives an application for payment of a rental bond under section 125; and

(b)under subdivision 2, 3 or 3A, there are 1 or more interested persons for the payment directed to be made under the application.

Note—

See section 136 for the requirement that the authority give each interested person written notice of the application.

(2)The authority must make the payment as directed by the application if—

(a)no dispute resolution requests are made about the payment under section 136A; or

(b)1 or more dispute resolution requests are made about the payment under section 136A but all the requests are withdrawn; or

(c)all of the following apply—

(i)1 or more dispute resolution requests are made about the payment under section 136A;

(ii)the conciliation process for each dispute resolution request ends without a conciliated resolution;

(iii)none of the interested persons, given notice about the ending of the conciliation process, gives the authority notice of the person applying to the tribunal for an order about the payment under section 136B; or

(d)all of the following apply—

(i)1 or more dispute resolution requests are made about the payment;

(ii)the conciliation process for each dispute resolution request ends without a conciliated resolution;

(iii)1 or more of the interested persons, given notice about the ending of the conciliation process, apply to the tribunal for an order about the payment under section 136B but all of the applications are withdrawn.

s 136E ins 2021 No. 19 s 9

137Payment under tribunal order

(1)This section applies if—

(a)a tribunal makes an order about payment of a rental bond; and

(b)the authority is given a copy of the order.

(2)The authority must pay the rental bond in accordance with the order.

138Payment to rental bond supplier

(1)This section applies if—

(a)a rental bond is payable to a contributor for the bond; and

(b)the authority is satisfied a person paid the rental bond direct to it as assistance to the contributor.

(2)The authority must pay the rental bond to the person instead of the contributor.

139Limitation affecting early payment

(1)The authority must not pay a rental bond for a residential tenancy agreement if it knows—

(a)the lessor or tenant has given a notice to leave, or notice of intention to leave, the premises and the handover day for the notice has not arrived; or

(b)the lessor has given an abandonment termination notice to the tenant and the agreement has not ended.

(2)Also, the authority must not pay a rental bond for a rooming accommodation agreement if it knows—

(a)the provider or resident has given a notice terminating the rooming accommodation agreement on a stated day and the stated day has not arrived; or

(b)the provider has given the resident a notice requiring the resident to leave the rental premises by a stated day and the stated day has not arrived.

(3)However, subsections (1) and (2) do not prevent the authority making a payment it may make without giving notice to—

(a)the lessor or tenant; or

(b)the provider or resident.

Note—

See sections 127(2), 128(2), 129(2), 131, 132(2), (3) or (4), 133(2), 134(2), 135B(2), 135C(2) or 135D(2) for payments to which subsection (3) applies.

(4)Subsection (5) applies if the application for payment of the rental bond was made by a tenant or resident who, after experiencing domestic violence—

(a)ended a residential tenancy agreement or an interest in an agreement under chapter 5, part 1, division 3, subdivision 2A; or

(b)ended a rooming accommodation agreement or an interest in an agreement under chapter 5, part 2, division 3, subdivision 2A.

(5)The authority must not pay a rental bond for a residential tenancy agreement or rooming accommodation agreement if the authority knows the applicant has not vacated the premises.

s 139 amd 2021 No. 19 s 10

140Withdrawal of application

(1)This section applies to an application to the authority for the payment of a rental bond.

(2)If there is only 1 applicant and the application is withdrawn before the authority makes a payment directed by it, the authority must stop dealing with it.

(3)For an application with 2 or more applicants—

(a)if all of the applicants withdraw before the authority makes a payment directed by the application, the authority must stop dealing with it; or

(b)if 1 or more, but not all, of the applicants withdraw before the authority makes a payment directed by the application, the authority must deal with it as an application made by the remaining applicants.

141Payment under person’s direction

(1)This section applies if the authority is required to pay a rental bond to a person.

(2)If payment is required to be made to the tenant or resident, the authority may make the payment to a person other than the tenant or resident only if, under a regulation, the person is taken to have contributed to the rental bond.

(3)Subsection (2) is subject to section 138.

(4)Also—

(a)if the payment is required to be made to the lessor, the authority may make the payment only to the lessor or lessor’s agent; or

(b)if the payment is required to be made to the provider, the authority may make the payment only to the provider or provider’s agent.

s 141 amd 2021 No. 19 s 107 sch 1 pt 1

142Application of sdiv 5

This subdivision applies to an application to the authority for payment of a rental bond if—

(a)there is more than 1 contributor for the bond; and

(b)at least 1 of the contributors is a bond loan contributor; and

(c)not all contributors are bond loan contributors; and

(d)the bond loan contributor’s share is proportionally less than the share of the other contributors having regard to the initial contribution of each contributor; and

(e)the amount of the bond loan contributor’s share is less than the balance owing for the bond loan to the department in which the Housing Act 2003 is administered.

143Chief executive taken to be interested person

If this subdivision applies, the chief executive of the department in which the Housing Act 2003 is administered is taken to be an interested person for payment of the rental bond.

144Sdivs 3, 3A and 4 apply subject to this subdivision

(1)Subdivisions 3, 3A and 4 apply subject to this subdivision.

(2)Without limiting subsection (1), if this subdivision applies—

(a)the chief executive is taken to be an interested person for subdivision 3 or 3A; and

(b)subdivision 4 applies with any modifications necessary because the chief executive is taken to be an interested person.

s 144 amd 2021 No. 19 s 11

145Receipt

(1)A person receiving a rental bond must give a receipt for the rental bond as required by this section.

Maximum penalty—10 penalty units.

(2)The receipt must—

(a)be given to the person paying the rental bond when the rental bond is received; and

(b)be signed by the person receiving the rental bond.

(3)The receipt must state the following—

(a)the name of the person receiving the rental bond;

(b)the name of the tenant or resident;

(c)if the person receiving the rental bond is not the lessor or provider—the name of the lessor or provider;

(d)the address of the premises for which the rental bond is paid;

(e)the date the rental bond was received;

(f)the amount of the rental bond;

(g)if there is more than 1 tenant or resident and they tell the person receiving the rental bond the proportions in which the bond is paid—the amount paid by each tenant or resident.

(4)The person giving the receipt must keep a copy of it for at least 1 year after the agreement ends.

Maximum penalty—10 penalty units.

s 145 amd 2021 No. 19 s 107 sch 1 pt 1

146Payments above maximum amount

(1)A person must not require payment of, or accept, a rental bond more than, or amounts as rental bond totalling more than—

(a)for a residential tenancy agreement for which the lessor is the tenant’s employer and gives the tenant a rental subsidy—the amount fixed under subsection (2); or

(b)for a rooming accommodation agreement for which the provider is the resident’s employer and gives the resident a rental subsidy—the amount fixed under subsection (2); or

(c)otherwise—the maximum rental bond for the residential tenancy agreement or rooming accommodation agreement.

Maximum penalty—20 penalty units.

(2)For subsection (1)(a) and (b), the amount is the greater of the following amounts—

(a)$400;

(b)the maximum rental bond for the residential tenancy agreement or rooming accommodation agreement.

(3)Subsection (1) does not apply if the weekly rent under the agreement is more than the amount prescribed under a regulation.

(4)For subsection (3), different amounts may be prescribed for residential tenancy agreements and rooming accommodation agreements.

s 146 amd 2021 No. 19 s 107 sch 1 pt 1

147Order for payment if guilty of offence

(1)If a person is found guilty of an offence against section 116, 117, 118 or 119, the court making the finding may order the person to pay to the authority, within a stated time, an amount equal to the rental bond.

(2)The court may make the order as well as imposing a penalty for the offence.

(3)An amount ordered to be paid by a person may be recovered by the authority as a debt owing to it by the person.

(4)Subsection (1) does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

148Order for return of bond if bond wrongfully taken

(1)This section applies if—

(a)a lessor or lessor’s agent is convicted of an offence against section 57(2) or 57A(2); or

(b)a provider or provider’s agent is convicted of an offence against section 76A(2).

(2)If the authority holds the bond, the authority must refund it—

(a)if there is only 1 contributor—to that contributor; or

(b)if there is more than 1 contributor—to the contributors in the shares in which they contributed.

(3)No part of the rental bond may be paid to, or claimed by, the lessor or provider, or the lessor or provider’s agent.

(4)In this section—

convicted, of an offence in relation to a person, includes any of the following in relation to the offence—

(a)a court finding the person guilty or accepting the person’s plea of guilty, whether or not a conviction is recorded;

(b)the person opting to pay a fine under an infringement notice;

(c)the registration of a default certificate for an infringement notice given to the person.

default certificate see the State Penalties Enforcement Act 1999, schedule 2.

infringement notice see the State Penalties Enforcement Act 1999, schedule 2.

s 148 amd 2021 No. 19 s 41

ch 2 pt 3 div 5 hdg sub 2022 No. 10 s 7

150Rental bond account

(1)The authority must keep a rental bond account.

(2)The account is in addition to other accounts the authority is required or permitted to keep under this or another Act.

(3)The authority must pay into the rental bond account all rental bonds it receives under this Act.

(4)The authority may pay only the following amounts out of the rental bond account—

(a)amounts payable under division 3;

(b)amounts paid under section 151.

Note—

See section 482A in relation to the banking arrangements for the rental bond account.

s 150 sub 2022 No. 10 s 8

151Unclaimed amounts in rental bond account

(1)This section applies if—

(a)in order to make a payment out of the rental bond account under division 3, the authority draws a cheque and gives it to the person entitled to the payment; and

(b)the cheque is not presented for payment within 15 months after it is drawn; and

(c)it is at least 7 years since the cheque was drawn; and

(d)since the end of the time mentioned in paragraph (b), the person has not received the amount and has not asked the authority to be paid the amount.

(2)This section also applies if—

(a)the authority has made 1 or more attempts to make a payment out of the rental bond account under division 3 using an electronic payment method; and

(b)the payment could not be effected because of incomplete or incorrect information about the intended payee’s bank account or for another reason; and

(c)it is at least 7 years since the first attempt; and

(d)the person has not received the amount and, since the last attempt, has not asked the authority to be paid the amount.

(3)With the Minister’s agreement, the authority may pay an amount mentioned in subsection (1) or (2) out of the rental bond account for—

(a)establishing or administering rental advisory services; or

(b)establishing schemes for supplying residential accommodation; or

(c)researching, or setting up projects about improving, relationships between lessors and tenants and providers and residents; or

(d)facilitating the resolution of disputes about agreements by tribunals; or

(e)conducting a scheme, or helping another entity to conduct a scheme, to provide housing or a related service.

(4)Subsection (3) does not affect a person’s entitlement to be paid an amount mentioned in subsection (1) or (2).

s 151 sub 2022 No. 10 s 9

153Guaranteed payment of rental bonds

(1)The payment of rental bonds under this Act by the authority is guaranteed by the Treasurer on behalf of the State.

(2)An amount payable by the Treasurer under the guarantee is to be paid out of the consolidated fund, which is appropriated accordingly.

s 153 amd 2021 No. 19 s 107 sch 1 pt 1

sub 2022 No. 10 s 11

154Increase in rental bond

The tenant or resident must increase a rental bond if—

(a)the rent payable under the residential tenancy agreement or rooming accommodation agreement increases; and

(b)the lessor or provider gives written notice to the tenant or resident to increase the rental bond; and

(c)the notice is given at least 11 months after—

(i)the residential tenancy agreement or rooming accommodation agreement started; or

(ii)if the rental bond has been increased previously following the giving of a notice under this section—the day stated in the notice, or the last notice, for making the increase; and

(d)the notice states the day by which the increase must be made; and

(e)the day stated is at least 1 month after the tenant or resident is given the notice about the increase.

s 154 amd 2021 No. 19 s 107 sch 1 pt 1

155Rental bond resulting from rent decrease

(1)This section applies if, in the first 6 months of the term of a residential tenancy agreement or rooming accommodation agreement, the rent payable under the agreement decreases or is decreased.

(2)The amount paid as rent in the 6 month period above the amount that would have been payable if the lower, or lowest, amount of rent payable in the period had applied for the full period is, subject to an order of a tribunal, taken to be a payment of a rental bond.

(3)If the lessor or provider disputes the amount being treated as a rental bond, the lessor or provider may, within 7 days after the end of the 6 month period, apply to a tribunal and the tribunal may make an order declaring the amount, or a part of the amount, is, or is not, a rental bond.

(4)If, because of subsection (2), a rental bond above the maximum rental bond is paid, the authority must pay the amount to the tenant or resident on payment of the excess amount to it.

s 155 amd 2021 No. 19 s 107 sch 1 pt 1

156Payment of key deposits

A person may require a prospective tenant to pay an amount as a deposit for a key (a key deposit) to enable the prospective tenant to enter and inspect the premises to which the proposed tenancy relates.

157Receipts for key deposits

(1)A person receiving a key deposit must give a receipt for the deposit as required by this section.

Maximum penalty—10 penalty units.

(2)The receipt must—

(a)be given to the person paying the deposit when the deposit is received; and

(b)be signed by the person receiving the deposit.

(3)The receipt must state the following—

(a)the name of the person receiving the deposit;

(b)the name of the person paying the deposit;

(c)the address of the premises for which the key is given;

(d)the date the deposit is received;

(e)the amount of the deposit;

(f)that the amount is a key deposit;

(g)when the key is to be returned.

158Refunding key deposit

A person who receives a key deposit from a prospective tenant must refund the deposit in full when the key is returned to the person, whether or not the prospective tenant enters into a residential tenancy agreement for the relevant premises.

Maximum penalty—10 penalty units.

159Payment of holding deposits

(1)A person may require a prospective tenant to pay, or accept from a prospective tenant, a holding deposit for a tenancy of premises.

(2)However, a person must not do either of the following during the option period relating to the payment of a holding deposit by a prospective tenant for the same premises—

(a)require another prospective tenant to pay a holding deposit;

(b)accept a holding deposit from another prospective tenant.

Maximum penalty—20 penalty units.

(3)In this section—

option period, for an option created by the payment of a holding deposit, means—

(a)the period stated in the receipt for the payment as the period in which the option may be exercised; or

(b)if a period is not stated—the period ending 48 hours after the receipt is given.

160Receipts for holding deposits

(1)A person receiving a holding deposit must give a receipt for the deposit as required by this section.

Maximum penalty—10 penalty units.

(2)The receipt must—

(a)be given to the person paying the deposit when the deposit is received; and

(b)be signed by the person receiving the deposit.

(3)The receipt must state the following—

(a)the name of the person receiving the deposit;

(b)the tenant’s name and, if the person receiving the deposit is not the lessor, the lessor’s name;

(c)the address of the premises for which the deposit is paid;

(d)the date the deposit is received;

(e)the amount of the deposit;

(f)that the payment is a holding deposit;

(g)when the option to enter into an agreement may be exercised.

161Rights and obligations about holding deposits

(1)A holding deposit paid to or for a prospective lessor of residential premises is forfeited to the prospective lessor if—

(a)the prospective tenant does not, within the option period—

(i)exercise the option to enter into an agreement for the premises; or

(ii)notify the prospective lessor of the intention not to exercise the option; or

(b)having exercised the option, the prospective tenant fails to take all necessary and reasonable steps to enter into the agreement.

(2)If the holding deposit is not forfeited but the agreement is not entered into, the prospective lessor must refund the deposit to the prospective tenant within 3 days after the prospective tenant notifies the prospective lessor of the intention not to exercise the option.

(3)If the holding deposit is not refunded, it may be recovered by the prospective tenant as a debt owing by the prospective lessor to the tenant.

(4)If the prospective tenant exercises the option, the prospective lessor or prospective lessor’s agent must take all necessary and reasonable steps to ensure the prospective lessor enters into the agreement.

Maximum penalty—20 penalty units.

(5)If the agreement is entered into—

(a)the holding deposit must be applied in full or part payment of the rental bond for the agreement; and

(b)if an amount remains from the deposit after payment of the rental bond—the amount must be applied in payment of rent.

(6)Sections 24 and 25 apply to this section as if a reference in the sections to the lessor were a reference to the prospective lessor.

162Orders of tribunal

If an application is made to a tribunal by a person by or to whom a holding deposit is paid, the tribunal may make any order it considers appropriate about the forfeiture, refunding or application of the deposit.

163Outgoings other than service charges

(1)The lessor must pay all charges, levies, premiums, rates or taxes payable for the premises.

(2)This section does not apply if—

(a)the lessor is the State; and

(b)rent is not payable under the agreement; and

(c)the tenant is an entity receiving financial or other assistance from the State to supply rented accommodation to persons.

164Meaning of service charge

(1)For premises that are not moveable dwelling premises in a moveable dwelling park, a service charge is a charge payable by a person as owner or occupier of premises for—

(a)electricity, gas or water supplied to the premises; or

(b)another service or facility, prescribed under a regulation, supplied to, or used at, the premises.

(2)For premises that are not moveable dwelling premises in a moveable dwelling park, a service charge also includes an amount payable by a person for water fit for human consumption supplied to the premises by delivery by means of a vehicle.

(3)For premises that are moveable dwelling premises in a moveable dwelling park, a service charge is a charge payable by a person as owner or occupier of premises for—

(a)electricity, gas or water, or a sewerage service, supplied to, or used at, the premises or park; or

(b)another service or facility, prescribed under a regulation, supplied to, or used at, the premises or park.

165General service charges for premises other than moveable dwelling premises

(1)This section applies to premises that are not moveable dwelling premises if the tenant is required to pay an amount for the lessor’s outgoings for a general service charge for the premises because the tenant is enjoying or sharing the benefit of the relevant service or facility.

(2)If the premises are not individually metered for the service or facility, the tenant may be required to pay an amount for the outgoings only if the agreement states—

(a)the service or facility for which the outgoings are payable; and

(b)how the apportionment of the outgoings to the tenant will be worked out; and

(c)how the outgoings may be recovered by the lessor from the tenant.

(3)The tenant may not be required to pay an amount for the outgoings that is more than—

(a)if the premises are not individually metered—the amount worked out under the agreement; or

(b)if the premises are individually metered and—

(i)a way for working out the amount payable by the tenant is prescribed under a regulation—the amount worked out in the way prescribed; or

(ii)a way is not prescribed—the amount charged by the relevant supply authority for the quantity of the thing, or the service or facility, supplied to, or used at, the premises.

166Water service charges for premises other than moveable dwelling premises

(1)This section applies to premises that are not moveable dwelling premises.

(2)The tenant may be required to pay an amount for the water consumption charges for the premises only if—

(a)the tenant is enjoying or sharing the benefit of a water service to the premises; and

(b)the premises are individually metered for the supply of water or water is supplied to the premises by delivery by means of a vehicle; and

(c)the agreement states that an amount for the water consumption charges for the premises is payable by the tenant.

(3)The tenant may be required to pay an amount for all of the water consumption charges payable for the premises for a period only if, during the period, the premises are water efficient.

(4)If during a period the premises are not water efficient, the tenant may only be required to pay an amount for the water consumption charges payable for the premises for the period that is more than an amount payable for a reasonable quantity of water supplied to the premises.

(5)Without limiting subsection (4), in deciding what is a reasonable quantity of water for subsection (4), regard must be had to the matters mentioned in section 169(4)(a) to (e).

(6)Despite subsections (2) to (5), the tenant may not, for a period, be required to pay an amount for water consumption charges for the premises that is more than the amount of the water consumption charges payable to the relevant water supplier.

(7)Also, the tenant may not be required to pay an amount of the water service charges payable for the premises for a fixed charge for the water service to the premises.

(8)For this section, premises are water efficient only if they comply with the water efficiency requirements prescribed under a regulation.

(9)In this section—

water consumption charge, for premises, means the variable part of a water service charge assessed on the volume of water supplied to the premises.

167Service charges for moveable dwelling premises individually metered

(1)This section applies to moveable dwelling premises if the tenant is required to pay an amount for the lessor’s outgoings for a service charge for the premises because the tenant is enjoying or sharing the benefit of the relevant service or facility.

(2)The tenant may be required to pay an amount for the outgoings only if the premises are individually metered for the service or facility.

(3)The tenant must not be required to pay an amount for the outgoings that is more than—

(a)if a way for working out the amount payable by the tenant is prescribed under a regulation—the amount worked out in the way prescribed; or

(b)if a way is not prescribed—the amount charged by the relevant supply authority for the quantity of the thing, or the service or facility, supplied to, or used at, the premises.

168Service charges absorbed in rent for moveable dwelling premises

(1)This section applies to moveable dwelling premises if the tenant is not required to pay an amount for the lessor’s outgoings for a service charge for the premises, even though the tenant is enjoying or sharing the benefit of the relevant service or facility.

(2)If—

(a)a service or facility becomes unavailable for use by the tenant because of action taken by the lessor; and

(b)it is a service or facility for which an amount of rent is attributable;

reduced rent is payable under the agreement from the day the service or facility ceases to be available, and the agreement is taken to be amended accordingly.

(3)The reduced rent is the amount of rent payable under the agreement immediately before the service or facility became unavailable, reduced by—

(a)the amount agreed on by the lessor and tenant as reflecting the amount of rent attributable to the service or facility; or

(b)if they do not agree on an amount—the amount decided by a tribunal as reflecting the amount of rent attributable to the service or facility.

(4)If the tenant asks the lessor for details of the amount of the rent attributable to service charges for the premises, the lessor must give the tenant a written statement showing—

(a)each service or facility for which an amount of rent is attributable; and

(b)the amount attributed to the service or facility.

169Orders of tribunal

(1)This section applies if the lessor and tenant do not agree about—

(a)the amount of the lessor’s outgoings for a service charge payable by the tenant; or

(b)the amount of the reduced rent payable under the agreement because a service or facility ceases to be available for use by the tenant.

(2)Either party may apply to a tribunal for a decision about the amount payable.

(3)For an application about outgoings, the tribunal may, in addition to deciding the amount of the outgoings payable by the tenant, make an order requiring payment of the amount by the tenant.

(4)In deciding an amount payable by a tenant for outgoings for a water service charge, the tribunal must have regard to the following—

(a)relevant available information about water usage and charges for premises in the local government area in which the relevant premises are situated;

(b)the area of the relevant land;

(c)any terms of the agreement affecting the amount of water used;

(d)the presence or absence of water saving devices in the premises;

(e)the number of persons occupying the premises;

(f)the quantity of water for which the lessor should reasonably be liable;

(g)anything else the tribunal considers relevant.

(5)For an application about reduced rent, the tribunal may, as well as deciding the amount of the reduced rent payable under the agreement, make any order it considers appropriate about rent paid, or payable, under the agreement.

170Charge for utility service

(1)This section applies to the amounts payable by a provider, as the owner or occupier of rental premises, for utility services provided to the premises.

(2)A provision of a rooming accommodation agreement requiring the resident to pay an amount for a utility service is of no effect unless—

(a)the resident’s room is separately metered for the utility service by an appliance approved by the supplying entity; and

(b)the amount the resident is required to pay is not more than the amount that the provider is charged by the supplying entity for the utility service used by the resident.

(3)In this section—

utility service, provided to premises, means—

(a)electricity, gas or water supplied to the premises; or

(b)water fit for human consumption supplied to the premises by delivery by means of a vehicle; or

(c)another service supplied to the premises, or facility used at the premises, prescribed under a regulation.

171Supply of goods and services

(1)A person (the proposer) must not require another person (the prospective tenant) to agree to buy goods or services from the proposer or someone else as a condition of the prospective tenant being accepted as the tenant under an agreement.

Maximum penalty—20 penalty units.

(2)The lessor or lessor’s agent must not require the tenant to buy goods or services from the lessor, the lessor’s agent or a person nominated by the lessor or agent (the nominated supplier).

Maximum penalty—20 penalty units.

(3)This section does not apply to—

(a)a requirement about a service charge; or

(b)a condition of an approval to keep a pet at the premises if the condition—

(i)requires the carpets at the premises to be cleaned, or the premises to be fumigated, at the end of the tenancy; and

(ii)complies with section 184F; and

(iii)does not require the tenant to buy cleaning or fumigation services from a particular person or business.

s 171 amd 2021 No. 19 s 42

172Incentive amounts prohibited

The lessor or lessor’s agent must not ask for or receive from the tenant or anyone else an amount for entering into, extending or continuing the agreement, other than an amount for rent, a rental bond, or other amount required or permitted to be paid under this Act.

Maximum penalty—40 penalty units.

173Certain terms about penalties and other payments void

(1)A term of an agreement is void to the extent it provides that, if the tenant breaches the agreement or this or another Act, the tenant is liable to pay—

(a)all or a part of the rent remaining payable under the agreement; or

(b)increased rent; or

(c)an amount as a penalty; or

(d)an amount as liquidated damages.

(2)However, subsection (1) does not apply to a term of an agreement requiring the tenant to pay the reasonable costs incurred by the lessor in reletting the premises if the term complies with section 357A.

(3)A lessor or lessor’s agent must not require a tenant to enter into an agreement containing a term that is void under subsection (1).

Maximum penalty for subsection (3)—20 penalty units.

s 173 amd 2021 No. 19 s 12

174Terms about rent reductions etc.

(1)This section applies to a term of an agreement providing that, if the tenant does not breach the agreement or this or another Act—

(a)the rent will, or may be, reduced; or

(b)the tenant will, or may be, given or paid a rebate or refund of rent or other benefit.

(2)However, this section does not apply to a term of a residential tenancy agreement providing only that, if the tenant pays the rent before or when it is payable—

(a)the rent will, or may be, reduced; or

(b)the tenant will, or may be, given or paid a rebate or refund of rent or other benefit.

(3)A term to which this section applies is taken to be varied so that the tenant is entitled immediately to the reduction, rebate, refund or other benefit.

(4)A variation is taken to be made on the commencement of the agreement, or the application of this section to the agreement, whichever happens later.

(5)In this section—

term includes part of a term.

175Premiums for letting moveable dwelling premises

(1)This section applies only to moveable dwelling premises in a moveable dwelling park.

(2)A person must not require someone else to pay, or accept from someone else an amount—

(a)for accepting the other person as a tenant under a long tenancy (moveable dwelling); and

(b)for which the other person does not receive a benefit as tenant.

Maximum penalty—20 penalty units.

176Supply of goods and services

(1)A person (the proposer) must not require another person (the prospective resident) to agree to buy goods or services from the proposer or someone else as a condition of the prospective resident being accepted as the resident under an agreement.

Maximum penalty—20 penalty units.

(2)The provider or provider’s agent must not require the resident to buy goods or services from the provider, the provider’s agent or a person nominated by the provider or agent (the nominated supplier).

Maximum penalty—20 penalty units.

(3)This section does not apply to—

(a)a requirement about a food service, personal care service or utility service; or

(b)a condition of an approval to keep a pet in a resident’s room if the condition—

(i)requires the carpets in the room to be cleaned, or the room to be fumigated, at the end of a rooming accommodation agreement; and

(ii)complies with section 256F; and

(iii)does not require the resident to buy cleaning or fumigation services from a particular person or business.

(4)In this section—

utility service, provided to premises, means—

(a)electricity, gas or water supplied to the premises; or

(b)water fit for human consumption supplied to the premises by delivery by means of a vehicle; or

(c)another service supplied to the premises, or facility used at the premises, prescribed under a regulation.

s 176 amd 2021 No. 19 s 43

177Incentive amounts prohibited

The provider or provider’s agent must not ask for or receive from the resident or anyone else an amount for entering into, extending or continuing the agreement, other than an amount for rent, a rental bond, or other amount required or permitted to be paid under this Act.

Maximum penalty—40 penalty units.

178Certain terms about penalties and other payments void

(1)A term of an agreement is void to the extent it provides that, if the resident breaches the agreement or this or another Act, the resident is liable to pay—

(a)all or a part of the rent remaining payable under the agreement; or

(b)increased rent; or

(c)an amount as a penalty; or

(d)an amount as liquidated damages.

(2)However, subsection (1) does not apply to a term of an agreement requiring the resident to pay the reasonable costs incurred by the provider in reletting the resident’s room if the term complies with section 396A.

(3)A provider or provider’s agent must not require a resident to enter into an agreement containing a term that is void under subsection (1).

Maximum penalty for subsection (3)—20 penalty units.

s 178 amd 2021 No. 19 s 13

179Terms about rent reductions etc.

(1)This section applies to a term of an agreement providing that, if the resident does not breach the agreement or this or another Act—

(a)the rent will, or may be, reduced; or

(b)the resident will, or may be, given or paid a rebate or refund of rent or other benefit.

(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—

(a)the rent will, or may be, reduced; or

(b)the resident will, or may be, given or paid a rebate or refund of rent or other benefit.

(3)A term to which this section applies is taken to be varied so that the resident is entitled immediately to the reduction, rebate, refund or other benefit.

(4)A variation is taken to be made on the commencement of the agreement, or the application of this section to the agreement, whichever happens later.

(5)In this section—

term includes part of a term.

180Tenancy guarantees

(1)A tenancy guarantee, for a residential tenancy agreement between a lessor and tenant, is an undertaking 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 119; or

(c)an amount for entering into, extending or continuing an agreement under section 172.

(3)The department or a community housing guarantor may give a tenancy guarantee for a residential tenancy agreement between a lessor and a tenant.

(4)In this section—

community housing guarantor, for the giving of a tenancy guarantee for a residential tenancy agreement, means a community housing provider for the residential tenancy under the agreement who has been approved by the chief executive of the department to give the tenancy guarantee.

department means the department in which the Housing Act 2003 is administered.

s 180 amd 2016 No. 11 s 25

181Legal impediments to occupation as residence

(1)The lessor must ensure there is no legal impediment to occupation of the premises by the tenant as a residence for the term of the tenancy.

(2)Subsection (1) applies only to legal impediments the lessor knew about, or ought reasonably to have known about, when entering into the agreement.

182Vacant possession

(1)The lessor must ensure the tenant has vacant possession of the premises on the day the tenant is entitled to occupy the premises under the agreement.

(2)Subsection (1) does not apply to any part of the premises to which the tenant does not have a right of exclusive occupation.

183Quiet enjoyment

(1)The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises.

(2)The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises.

Maximum penalty for subsection (2)—20 penalty units.

184Tenant’s use of premises

The tenant must not—

(a)use the premises for an illegal purpose; or

(b)cause a nuisance by the use of the premises; or

(c)interfere with the reasonable peace, comfort or privacy of a neighbour of the tenant.

ch 3 pt 1A hdg ins 2021 No. 19 s 44

ch 3 pt 1A div 1 hdg ins 2021 No. 19 s 44

184A Definitions for part

In this part—

pet—

(a)means—

(i)a domesticated animal; or

(ii)an animal that is dependent on a person for the provision of food or shelter; but

(b)does not include—

(i)a working dog; or

(ii)an animal prescribed by regulation not to be a pet.

working dog means—

(a)an assistance dog, guide dog or hearing dog under the Guide, Hearing and Assistance Dogs Act 2009, schedule 4; or

(b)a corrective services dog under the Corrective Services Act 2006, schedule 4; or

(c)a police dog under the Police Powers and Responsibilities Act 2000, schedule 6.

s 184A ins 2021 No. 19 s 44

ch 3 pt 1A div 2 hdg ins 2021 No. 19 s 44

184B Keeping pets and other animals at premises

(1)The tenant may keep a pet or other animal at the premises only with the approval of the lessor.

(2)However, the tenant may keep a working dog at the premises without the lessor’s approval.

(3)An authorisation to keep a pet, working dog or other animal at premises is subject to a body corporate by-law, park rule or other law relating to keeping animals at the premises.

Examples—

1The premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The premises may be subject to a body corporate by-law that requires the tenant to obtain approval from the body corporate before keeping a pet at the premises.

s 184B ins 2021 No. 19 s 44

184C Tenant responsible for pets and other animals

(1)The tenant is responsible for all nuisance caused by a pet or other animal kept at the premises, including, for example, noise caused by the pet or other animal.

(2)The tenant is responsible for repairing any damage to the premises or inclusions caused by the pet or other animal.

(3)Damage to the premises or inclusions caused by the pet or other animal is not fair wear and tear for the purpose of section 188(4).

s 184C ins 2021 No. 19 s 44

ch 3 pt 1A div 3 hdg ins 2021 No. 19 s 44

184D Request for approval to keep pet at premises

(1)The tenant may request, in the approved form, the lessor’s approval for the tenant to keep a stated pet at the premises.

(2)The lessor must respond to the tenant’s request within 14 days after receiving the request.

(3)The lessor’s response must be in writing and state—

(a)whether the lessor approves or refuses the tenant’s request; and

(b)if the lessor approves the tenant’s request subject to conditions—the conditions of the approval; and

(c)if the lessor refuses the tenant’s request—

(i)the grounds for the refusal; and

(ii)the reasons the lessor believes the grounds for the refusal apply to the request.

Note—

See section 184E for the permitted grounds for refusal.

(4)The lessor is taken to approve the keeping of the pet at the premises if—

(a)the lessor does not comply with subsection (2); or

(b)the lessor’s response does not comply with subsection (3).

(5)To remove any doubt, it is declared that a lessor’s refusal of a tenant’s request on the grounds that ‘no pets are allowed’ is not enough to comply with subsection (3)(c).

s 184D ins 2021 No. 19 s 44

184E Grounds for refusing pets being kept at premises

(1)The following are the only grounds for a lessor to refuse a tenant’s request for approval to keep a stated pet at the premises—

(a)keeping the pet would exceed a reasonable number of animals being kept at the premises;

(b)the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the premises or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the premises;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law or park rule applying to the premises;

(g)the tenant has not agreed to the reasonable conditions proposed by the lessor for approval to keep the pet;

(h)the animal stated in the request is not a pet;

(i)if the premises is a moveable dwelling premises—keeping the pet would contravene a condition of a licence applying to the premises;

(j)another ground prescribed by regulation.

(2)Subsection (1)(g) applies only to conditions to which an approval may be subject under section 184F.

s 184E ins 2021 No. 19 s 44

184F Conditions for approval to keep pet at premises

(1)The lessor’s approval for the tenant to keep a pet at the premises may be subject to conditions if the conditions—

(a)relate only to keeping the pet at the premises; and

(b)are reasonable having regard to the type of pet and the nature of the premises; and

(c)are stated in the written approval given to the tenant under section 184D(2).

(2)Without limiting subsection (1)(b), the following conditions of the lessor’s approval are taken to be reasonable—

(a)if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside at the premises;

(b)if the pet is capable of carrying parasites that could infest the premises—a condition requiring the premises to be professionally fumigated at the end of the tenancy;

(c)if the pet is allowed inside the premises—a condition requiring carpets in the premises to be professionally cleaned at the end of the tenancy.

(3)A condition of the lessor’s approval for the tenant to keep a pet at the premises is void if the condition—

(a)would have the effect of the lessor contravening section 171 or 172; or

(b)would, as a term of a residential tenancy agreement, be void under section 173; or

(c)would increase the rent or rental bond payable by the tenant; or

(d)would require any form of security from the tenant.

(4)For subsection (2), the premises are professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

s 184F ins 2021 No. 19 s 44

184G Continuation of authorisation to keep pet or working dog at premises

(1)This section applies if—

(a)the lessor gives approval for the tenant to keep a pet at the premises; or

Note—

See section 184D(4) for circumstances in which a lessor is taken to have approved a pet being kept at the premises.

(b)the tenant is authorised under section 184B(2) to keep a working dog at the premises.

(2)The authorisation to keep the pet or working dog at the premises continues for the life of the pet or working dog and is not affected by any of the following matters—

(a)the ending of a residential tenancy agreement, if the tenant continues occupying the premises under a new agreement;

(b)a change in the lessor or lessor’s agent;

(c)for a working dog—the retirement of the dog from the service the dog provided as a working dog.

s 184G ins 2021 No. 19 s 44

185Lessor’s obligations generally

(1)This section does not apply to an agreement if—

(a)the premises are moveable dwelling premises consisting only of the site for the dwelling; and

(b)the tenancy is a long tenancy (moveable dwelling).

(2)At the start of the tenancy, the lessor must ensure—

(a)the premises and inclusions are clean; and

(b)the premises are fit for the tenant to live in; and

(c)the premises and inclusions are in good repair; and

(d)the lessor is not in breach of a law dealing with issues about the health or safety of persons using or entering the premises; and

(e)the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

(3)While the tenancy continues, the lessor—

(a)must maintain the premises in a way that the premises remain fit for the tenant to live in; and

(b)must maintain the premises and inclusions in good repair; and

(c)must ensure any law dealing with issues about the health or safety of persons using or entering the premises is complied with; and

(d)if the premises include a common area—must keep the area clean; and

(e)must ensure the premises and inclusions otherwise comply with any prescribed minimum housing standards applying to the premises or inclusions.

Note—

See section 217 for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.

(4)However, the lessor is not required to comply with subsection (2)(c) or (3)(a) for fixtures attached to premises, and inclusions supplied with premises, (the non-standard items) if—

(a)the lessor is—

(i)the State; or

(ii)the replacement lessor under a community housing provider tenancy agreement; and

(b)the non-standard items are specified in the agreement and the agreement states the lessor is not responsible for their maintenance; and

(c)the non-standard items are not necessary and reasonable to make the premises a fit place in which to live; and

(d)the non-standard items are not a risk to health or safety; and

(e)for fixtures—the fixtures were not attached to the premises by the lessor.

(5)In this section—

premises include any common area available for use by the tenant with the premises.

s 185 amd 2013 No. 58 s 7; 2017 No. 42 s 83

186Lessor’s obligations for facilities in moveable dwelling parks

(1)This section applies only to an agreement for moveable dwelling premises in a moveable dwelling park.

(2)However, this section does not apply if the lessor is a home owner for the premises.

(3)At the start of the tenancy, the lessor must ensure—

(a)the facilities in the park are clean; and

(b)the facilities are fit for the tenant to use; and

(c)the facilities are in good repair; and

(d)the facilities otherwise comply with any prescribed minimum housing standards applying to the facilities; and

(e)the lessor is not in breach of a law dealing with issues about the health and safety of persons using or entering the facilities.

(4)While the tenancy continues, the lessor must—

(a)keep the facilities clean; and

(b)maintain the facilities in a way that the facilities remain fit for the tenant to use; and

(c)maintain the facilities in good repair; and

(d)ensure the facilities otherwise comply with any prescribed minimum housing standards applying to the facilities; and

(e)ensure any law dealing with issues about the health or safety of persons using the facilities is complied with.

s 186 amd 2017 No. 42 s 84

187Lessor’s obligations for moveable dwelling site

(1)This section applies to an agreement only if—

(a)the premises are moveable dwelling premises consisting only of the site for the dwelling; and

(b)the tenancy is a long tenancy (moveable dwelling).

(2)At the start of the tenancy, the lessor must ensure—

(a)the premises are clean and are a fit site for a moveable dwelling; and

(b)the premises otherwise complies with any prescribed minimum housing standards applying to the premises.

(3)While the tenancy continues, the lessor—

(a)must ensure—

(i)the premises remain a fit site for a moveable dwelling; and

(ii)the premises otherwise complies with any prescribed minimum housing standards applying to the premises; and

(b)may make any improvements to the premises the lessor considers appropriate.

s 187 amd 2017 No. 42 s 85

188Tenant’s obligations generally

(1)This section does not apply to an agreement if—

(a)the premises are moveable dwelling premises consisting only of the site for the dwelling; and

(b)the tenancy is a long tenancy (moveable dwelling).

(2)The tenant must keep the premises and inclusions clean, having regard to their condition at the start of the tenancy.

(3)The tenant must not maliciously damage, or allow someone else to maliciously damage, the premises or inclusions.

(4)At the end of the tenancy, the tenant must leave the premises and inclusions, as far as possible, in the same condition they were in at the start of the tenancy, fair wear and tear excepted.

Note—

See section 217 for the tenant’s obligations to notify the lessor about damage to premises and the need for repairs.

(5)However, the tenant’s obligations under this section do not apply to the extent the obligations would have the effect of requiring the tenant to repair, or compensate the lessor for, damage to the premises or inclusions caused by an act of domestic violence experienced by the tenant.

s 188 amd 2021 No. 19 s 14

189Tenant’s obligations for facilities in moveable dwelling parks

(1)This section applies only to an agreement for moveable dwelling premises in a moveable dwelling park.

(2)The tenant must not—

(a)do anything to a facility in the park that makes the facility unfit for use or detracts from its appearance; or

(b)intentionally or negligently damage a facility in the park.

190Tenant’s obligation for moveable dwelling site

(1)This section applies—

(a)to an agreement for moveable dwelling premises consisting only of the site for the dwelling; and

(b)if the tenancy is a long tenancy (moveable dwelling).

(2)The tenant must keep the premises in a way that does not detract from the general standards of the moveable dwelling park, or other general area, where the premises are situated.

(3)The tenant’s obligation applies having regard to the condition of the premises at the start of the tenancy and any improvements made later by the lessor.

191Orders of tribunal

(1)This section applies if, on an application made to a tribunal by the tenant for an order under this section, the tribunal is satisfied—

(a)the lessor has failed to comply with the lessor’s maintenance obligation under section 185(3) or 186(4); and

(b)the failure results in the health or safety of persons being endangered; and

(c)the failure is reasonably capable of being remedied.

(2)The tribunal may order the lessor to remedy the failure within the time decided by the tribunal.

192Grounds for entry

(1)The lessor or lessor’s agent may enter the premises only—

(a)to inspect the premises; or

(b)to make routine repairs to, or carry out maintenance of, the premises; or

(c)if repairs or maintenance have been made or carried out under paragraph (b)—within 14 days after the completion of the repairs or maintenance, to inspect the repairs or maintenance; or

(d)to comply with the Fire and Emergency Services Act 1990 in relation to smoke alarms; or

(e)to comply with the Electrical Safety Act 2002 in relation to approved safety switches; or

(f)to show the premises to a prospective buyer or tenant; or

(g)to allow a valuation of the premises to be carried out; or

(h)if the lessor or agent believes, on reasonable grounds, the premises have been abandoned; or

(i)if the lessor or agent has given the tenant a notice to remedy a breach of the agreement that is a significant breach—within 14 days after the end of the allowed remedy period, to inspect to ascertain whether the tenant has remedied the breach; or

(j)if the tenant agrees; or

(k)in an emergency; or

(l)if the lessor or agent believes on reasonable grounds that the entry is necessary to protect the premises or inclusions from imminent or further damage.

Example of entry in an emergency under paragraph (k)—

to make emergency repairs to the roof of the premises

(2)In this section—

significant breach, for a notice to remedy breach, means a breach relating to any of the following—

(a)using the premises for an illegal purpose;

(b)the number of occupants allowed to reside in the premises;

(c)keeping an animal, other than a working dog, at the premises without the approval of the lessor;

(d)another matter, if the reasonable cost of rectifying the matter exceeds 1 week’s rent for the premises.

s 192 amd 2014 No. 17 s 184 sch 1pt 2; 2021 No. 19 s 45

193Notice of entry

(1)The lessor or lessor’s agent may enter the premises under section 192(1)(a) to (i) only if—

(a)the lessor or agent has given notice of the proposed entry (the entry notice) to the tenant; and

(b)the entry notice is in the approved form; and

(c)the entry notice is given—

(i)for an entry under section 192(1)(a) if the tenancy is not a short tenancy (moveable dwelling)—at least 7 days before entering the premises; or

(ii)for another entry—at least 24 hours before entering the premises.

Example for another entry under paragraph (c)(ii)—

If the lessor or agent hands the tenant an entry notice at 2.30p.m. on a Tuesday, the lessor or agent may enter from 2.30p.m. on the Wednesday.

(2)An entry under section 192(1)(k) or (l) may be made without giving the tenant notice of the proposed entry.

(3)Despite subsection (1), the lessor or agent may enter the premises under section 192(1)(b), (d) or (e) without giving the entry notice if it is not practicable to give the notice because of—

(a)the remoteness of the premises; and

(b)the shortage in the general area of the premises of a suitably qualified tradesperson or other person needed to make the repairs or carry out the maintenance.

(4)Also, despite subsection (1), for premises that are a site only, or a site and a caravan, or a site and a manufactured home, in a moveable dwelling park, the lessor or agent may enter the site under section 192(1)(b) to carry out maintenance of the site without giving the entry notice if—

(a)the agreement states—

(i)the frequency with which the entry is required for carrying out the maintenance; and

(ii)the conditions under which the entry may be made; and

(b)the entry is made under the agreement.

194Entry by lessor or lessor’s agent with another person

(1)The lessor or lessor’s agent may enter the premises with another person if it is necessary to achieve the purpose of entry under section 192.

(2)Without limiting subsection (1), the lessor or agent may enter premises under section 192(1)(l) with a police officer.

195When lessor or lessor’s agent may enter

(1)An entry under section 192(1)(a) to (i)—

(a)must be made at a reasonable time; and

(b)unless the tenant otherwise agrees, must not be made on—

(i)a Sunday or public holiday; or

(ii)another day after 6p.m. or before 8a.m.

(2)However, for an entry under section 192(1)(b), (d) or (e), subsection (1)(b) does not apply if it is not practicable to comply with that provision because of—

(a)the remoteness of the premises; and

(b)the shortage in the general area of the premises of a suitably qualified tradesperson or other person needed to make the repairs or carry out the maintenance.

(3)Unless the tenant otherwise agrees, an entry under section 192(1)(a) may not be made less than 3 months after a previous entry by the lessor, or the renting or a secondary agent, under section 192(1)(a).

(4)The lessor or lessor’s agent may enter the premises under section 192(1)(f) only if a reasonable time has elapsed since a previous entry by the lessor, or the renting or a secondary agent, under section 192(1)(f).

(5)The lessor or lessor’s agent may enter the premises under section 192(1)(j) only at a time agreed with the tenant.

196Period for entry must be stated for entry by lessor and lessor’s agent without another person

(1)This section applies to entry under section 192 by—

(a)the lessor or lessor’s renting or selling agent; or

(b)both the lessor and lessor’s renting or selling agent.

(2)The lessor or agent—

(a)must state a period of up to 2 hours within which entry will happen (the entry period), in the entry notice under section 193; and

(b)may only enter within the entry period.

(3)Subsection (2) applies only to the initial entry and does not prevent the lessor or lessor’s agent remaining on the premises after the end of the entry period.

(4)This section does not apply if another person is to accompany the lessor or lessor’s renting or selling agent to achieve the purpose of entry under section 192.

Example of another person—

a tradesperson

(5)Also, for an entry under section 192(1)(b), (d) or (e), subsection (2) does not apply if it is not practicable to comply with that provision because of—

(a)the remoteness of the premises; and

(b)the shortage in the general area of the premises of a suitably qualified tradesperson or other person needed to make the repairs or carry out the maintenance.

197Entry to show premises to a prospective tenant

(1)The lessor or lessor’s agent may enter the premises under section 192(1)(f) to show the premises to a prospective tenant only if—

(a)a notice to leave the premises is given to the tenant before, or when, the entry notice is given to the tenant; or

(b)a notice of intention to leave the premises has been given to the lessor by the tenant.

(2)The lessor or agent must not allow a prospective tenant to enter the premises unless accompanied by the lessor or agent.

(3)However, a lessor or agent may allow a prospective tenant to enter without being accompanied by the lessor or agent if the tenant agrees.

Note—

For an entry under section 192(1)(f), the lessor or agent is also required to give an entry notice to the tenant under section 193(1).

198Entry to show premises to a prospective buyer

(1)The lessor or lessor’s agent may enter the premises under section 192(1)(f) to show the premises to a prospective buyer only if—

(a)the lessor or agent gives the tenant a notice in the approved form of the lessor’s intention to sell the premises before, or when, the entry notice for the first entry to the premises is given to the tenant; and

(b)for entry by a secondary agent, the secondary agent gives the renting agent—

(i)a copy of the notice of intention to sell given under paragraph (a) before, or when, the entry notice for the first entry to the premises is given to the renting agent; and

(ii)unless otherwise agreed with the renting agent—an entry notice before each entry to show the premises to a prospective buyer.

(2)Subsection (1)(a) applies whether or not the tenant has agreed to the entry under section 192(1)(j).

(3)The lessor or agent must not allow a prospective buyer to enter the premises unless accompanied by the lessor or agent.

(4)However, a lessor or agent may allow a prospective buyer to enter without being accompanied by the lessor or agent if the tenant agrees.

Note—

For an entry under section 192(1)(f), the lessor or agent is also required to give an entry notice to the tenant under section 193(1).

199Entry by secondary agents generally

(1)A secondary agent of the lessor may enter the premises under section 192(1)(a) to (e) and (g) to (i) only if—

(a)the tenant agrees; or

(b)the agent produces for the tenant’s inspection written evidence of the agent’s appointment; or

(c)for an entry under section 192(1)(h) the tenant does not respond to the entry notice within a reasonable time.

(2)However, for an entry under section 192(1)(b), (d) or (e), subsection (1) does not apply if it is not practicable to comply with that provision because of—

(a)the remoteness of the premises; and

(b)the shortage in the general area of the premises of a suitably qualified tradesperson or other person needed to make the repairs or carry out the maintenance.

200Rules of entry

The rights and obligations under sections 192 to 199 about the entry of premises are called the rules of entry.

201Entry by lessor or lessor’s agent under order of tribunal

(1)This section applies if, on an application made to a tribunal by the lessor or tenant, the tribunal is satisfied—

(a)the tenant has not allowed the lessor or lessor’s agent to enter the premises under the rules of entry; or

(b)the lessor or lessor’s agent has entered the premises in contravention of the rules of entry.

(2)The tribunal may change the rules of entry in the way it considers appropriate.

(3)If the tribunal changes the rules on the ground mentioned in subsection (1)(a), the lessor or agent may enter the premises under the rules of entry or the rules of entry as changed.

(4)If the tribunal makes an order on the ground mentioned in subsection (1)(b), the lessor or agent may enter the premises only under the rules as changed.

202Unlawful entry of premises

The lessor or lessor’s agent, must not enter the premises in contravention of—

(a)the rules of entry; or

(b)if the rules have been changed by a tribunal—the rules of entry as changed.

Maximum penalty—20 penalty units.

203Lessor or lessor’s agent must not use photo or image showing tenant’s possessions in advertisement

Unless the lessor or lessor’s agent has the tenant’s written consent, the lessor or agent must not use a photo or other image of the premises in an advertisement if the photo or image shows something belonging to the tenant.

Maximum penalty—20 penalty units.

204Lessor or lessor’s agent must not conduct open house or on-site auction without tenant’s consent

(1)The lessor or lessor’s agent for premises must not do either of the following without the tenant’s written consent—

(a)conduct an auction, or allow an auction to be conducted, on the premises;

(b)conduct an open house, or allow an open house to be conducted, on the premises.

Maximum penalty—20 penalty units.

(2)In this section—

open house means an advertised period during which premises that are for sale or rent may be entered and inspected by prospective buyers or tenants generally.

205Tenant’s name and other details

(1)If the lessor or the lessor’s agent asks the tenant the tenant’s name or place of employment, the tenant must not give a false name or place of employment.

Maximum penalty—20 penalty units.

(2)When handing over possession of the premises, the tenant must tell the lessor or lessor’s agent the tenant’s new residential address, unless the tenant has a reasonable excuse for not telling the lessor or agent the new address.

Maximum penalty—20 penalty units.

(3)Subsection (2)—

(a)applies only if the lessor or lessor’s agent asks the tenant in writing to state the new address; but

(b)does not apply to a tenant who, after experiencing domestic violence, ended the residential tenancy agreement, or the tenant’s interest in the residential tenancy agreement, under chapter 5, part 1, division 3, subdivision 2A.

s 205 amd 2021 No. 19 s 15

206Lessor’s or agent’s name and other details

(1)On or before the day the tenant starts occupying the premises, the lessor or lessor’s agent must give a written notice to the tenant stating—

(a)the lessor’s name and address for service; or

(b)if the lessor has an agent who is authorised to stand in the lessor’s place in a proceeding prescribed under a regulation (the prescribed proceeding)—the agent’s name and address for service.

Maximum penalty—20 penalty units.

(2)If a detail mentioned in the notice changes, the lessor or agent must give written notice of the change to the tenant within 14 days after the change.

Maximum penalty—20 penalty units.

(3)If details of the agent mentioned in subsection (1)(b) are given to the tenant under this section, the agent stands in the lessor’s place for a prescribed proceeding and, for example—

(a)the proceeding may be taken against the agent as if the agent were the lessor; and

(b)a tribunal may make an order against the agent as if the agent were the lessor; and

(c)settlement may be made with the agent as if the agent were the lessor.

(4)In this section—

address for service means—

(a)for an individual—the individual’s place of residence or place of business; or

(b)for a body corporate—the body corporate’s registered office or place of business.

207Attaching fixtures and making structural changes

The tenant may attach a fixture, or make a structural change, to the premises only if the lessor agrees to the fixture’s attachment or structural change.

208Agreement about fixtures and structural changes

(1)The lessor’s agreement to the attaching of a fixture, or making of a structural change, must—

(a)be in writing; and

(b)describe the nature of the fixture or change; and

(c)include any terms of the agreement.

(2)For an agreement about attaching a fixture to premises, the terms may include terms about—

(a)whether the tenant may remove the fixture; and

(b)if removal by the tenant is allowed—

(i)when and how the removal may be performed; and

(ii)the obligation of the tenant to repair any damage caused to the premises in the removal or compensate the lessor for the lessor’s reasonable costs of repairing the damage; and

(c)if removal by the tenant is not allowed—the obligation of the lessor to compensate the tenant for any improvement the fixture makes to the premises.

(3)The lessor must not act unreasonably in failing to agree to the attaching of a fixture, or the making of a structural change, to the premises.

(4)If the lessor agrees to a fixture being attached, or a structural change being made, to the premises by the tenant, the tenant must not contravene a term of the agreement.

209Attaching fixture or making structural change without lessor’s agreement

(1)If the tenant attaches a fixture, or makes a structural change, to the premises without the lessor’s agreement, the lessor may—

(a)waive the breach; and

(b)treat the fixture or change as an improvement to the premises for the lessor’s benefit.

(2)The lessor may take the action under subsection (1) instead of taking action for a breach of a term of the residential tenancy agreement by the tenant.

210Supply of locks and keys

(1)The lessor must supply and maintain the locks that are necessary to ensure the premises are reasonably secure.

(2)If there is only 1 tenant, the lessor must give to the tenant a key for each lock that—

(a)secures an entry to the premises; or

(b)secures a road or other place that is normally used to gain access to, or leave, the area or building in which the premises are situated; or

Example of a lock for paragraph (b)—

a lock operating a boom gate that must be passed to enter or leave the area in which the premises are situated

(c)is part of the premises.

Examples of locks for paragraph (c)—

1a lock on a door to a room in the premises

2a lock on the mailbox for the premises

3a lock on the door to a toolshed that forms part of the premises

4a lock on a built-in cupboard in the premises

(3)If there is more than 1 tenant, the lessor must—

(a)give one of the tenants a key for each lock mentioned in subsection (2); and

(b)give each of the other tenants a key for each lock mentioned in subsection (2)(a) or (b).

(4)In this section—

tenant means a person named in the agreement as a tenant.

211Changing locks

(1)The lessor or tenant may change a lock at the premises only if—

(a)the other party to the residential tenancy agreement agrees to the change; or

(b)the lessor or tenant has a reasonable excuse for making the change; or

(c)the lessor or tenant believes the change is necessary because of an emergency; or

(d)the lock is changed to comply with an order of the tribunal.

(2)However, the tenant may also change a lock at the premises if the tenant—

(a)believes the change is necessary to protect the tenant or another occupant of the premises from domestic violence; and

(b)engages a locksmith or other qualified tradesperson to change the lock.

(3)If the lessor or tenant changes a lock, the lessor or tenant must give the other party to the residential tenancy agreement a key for the changed lock, unless—

(a)the other party agrees to not being given the key; or

(b)a tribunal orders that the key not be given to the other party.

(4)If the tenant changes a lock under subsection (2) and gives the lessor a key for the changed lock, the lessor must not give a key for the changed lock to any person other than the tenant without the tenant’s agreement or a reasonable excuse.

Maximum penalty—50 penalty units.

(5)The right of the lessor or tenant to change a lock at the premises under this section is subject to a body corporate law or a body corporate by-law that applies to the premises.

(6)In this section—

body corporate law means the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980.

s 211 sub 2021 No. 19 s 16

212Agreement about changing locks

The lessor or tenant must not act unreasonably in failing to agree to the change of a lock.

s 212 amd 2021 No. 19 s 17

213Orders of tribunal

(1)If an application is made to a tribunal by the lessor or tenant about a lock or key for the premises, the tribunal may make any of the following orders about locks or keys for the premises—

(a)an order requiring the lessor to supply a lock, or a lock of a particular kind;

(b)an order requiring the lessor to carry out stated maintenance of a lock;

(c)an order authorising the lessor or tenant to change a lock;

(d)an order that the lessor or tenant is not required to give to the other party a key to a lock;

(e)an order requiring the lessor or tenant to give to the other party a key to a lock.

(2)In making an order mentioned in subsection (1)(a) or (c), the tribunal may have regard to the following—

(a)the likelihood of risk to the tenant’s personal safety;

(b)the requirements of insurance companies for allowing the tenant to obtain insurance for property of the tenant kept at the premises;

(c)the likelihood of break-ins or other unlawful entry to the premises or nearby premises;

(d)local community standards about adequate security for premises;

(e)the physical characteristics of the premises and adjoining areas;

(f)anything else the tribunal considers relevant.

214Meaning of emergency repairs

(1)Emergency repairs are works needed to repair any of the following—

(a)a burst water service or a serious water service leak;

(b)a blocked or broken lavatory system;

(c)a serious roof leak;

(d)a gas leak;

(e)a dangerous electrical fault;

(f)flooding or serious flood damage;

(g)serious storm, fire or impact damage;

(h)a failure or breakdown of the gas, electricity or water supply to premises;

(i)a failure or breakdown of an essential service or appliance on premises for hot water, cooking or heating;

(j)a fault or damage that makes premises unsafe or insecure;

(k)a fault or damage likely to injure a person, damage property or unduly inconvenience a tenant of premises;

(l)a serious fault in a staircase, lift or other common area of premises that unduly inconveniences a tenant in gaining access to, or using, the premises.

(2)Also, emergency repairs are works needed for the premises or inclusions to comply with the prescribed minimum housing standards.

s 214 amd 2021 No. 19 s 46

215Meaning of routine repairs

Routine repairs are repairs that are not emergency repairs.

216Nominated repairer for emergency repairs

(1)The lessor must nominate a person (the nominated repairer)—

(a)to act for the lessor in arranging for emergency repairs, or emergency repairs of a particular type, to be made of the premises or inclusions; or

(b)to make emergency repairs, or emergency repairs of a particular type, of the premises or inclusions for the lessor.

(2)The nominated repairer must be stated in the residential tenancy agreement or a written notice given by the lessor to the tenant.

(3)The residential tenancy agreement or notice must state—

(a)the name and telephone number of the nominated repairer; and

(b)whether or not the nominated repairer is the tenant’s first point of contact for notifying the need for emergency repairs.

(4)The lessor must give written notice to the tenant of any change of the lessor’s nominated repairer or the telephone number of the nominated repairer.

(5)This section does not apply if—

(a)the lessor has given the tenant a telephone number of the lessor; and

(b)under the residential tenancy agreement, the lessor is to arrange for emergency repairs to be made to the premises or inclusions.

s 216 amd 2021 No. 19 s 47

217Notice of damage

(1)If the tenant knows the premises or inclusions have been damaged, the tenant must give notice as soon as practicable of the damage.

(2)If the premises or inclusions need routine repairs, the notice must be given to the lessor.

(3)If the premises or inclusions need emergency repairs, the notice must be given to the lessor if—

(a)there is no nominated repairer for the repairs; or

(b)a nominated repairer for the repairs is not the tenant’s first point of contact; or

(c)a nominated repairer for the repairs is the tenant’s first point of contact but the tenant has been unable to contact the repairer after making reasonable efforts.

(4)If the premises or inclusions need emergency repairs and there is a nominated repairer of the lessor for the repairs, the notice must be given to the repairer if—

(a)the repairer is the tenant’s first point of contact; or

(b)the repairer is not the tenant’s first point of contact but the tenant has been unable to contact the lessor after making reasonable efforts.

(5)This section does not apply to a tenant for damage caused by an act of domestic violence experienced by the tenant.

s 217 amd 2021 No. 19 s 18

218Tenant may arrange for emergency repairs to be made or may apply to the tribunal for an order about the repairs

(1)This section applies—

(a)if—

(i)the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises or inclusions; or

(ii)the repairs are not made within a reasonable time after notice is given; and

(b)if the residential tenancy is not a short tenancy (moveable dwelling).

(2)The tenant may—

(a)arrange for a suitably qualified person to make the repairs; or

(b)apply to a tribunal under section 221 for orders about the repairs.

219Costs of emergency repairs arranged by tenant

(1)The maximum amount that may be incurred for emergency repairs arranged to be made by the tenant is an amount equal to the amount payable under the residential tenancy agreement for 4 weeks rent.

(2)The tenant may require the lessor—

(a)to reimburse the tenant for any amount properly incurred by the tenant for the repairs; or

(b)to pay the amount properly incurred for the repairs direct to the actual repairer.

(3)The requirement must—

(a)be made by written notice given to the lessor; and

(b)be supported by appropriate documents about the incurring of the amount; and

(c)state that, if the lessor does not comply with the requirement within 7 days after receiving the notice, the tenant may apply to a tribunal for an order about the reimbursement or payment of the amount.

Examples of appropriate documents for subsection (3)(b)—

invoices, accounts and receipts

s 219 amd 2021 No. 19 s 48

219A Lessor’s agent may arrange for emergency repairs to be made

(1)The lessor’s agent may arrange for a suitably qualified person to carry out emergency repairs to the premises or inclusions if the repairs are not likely to cost more than the emergency repair limit for the residential tenancy agreement.

(2)If the lessor’s agent acts under subsection (1) and pays for the emergency repairs, the agent may make deductions from payments of rent, up to the cost of the repairs, before disbursement of the payments to the lessor’s account.

(3)If the lessor’s agent acts under subsection (1) or (2), the agent must inform the lessor of the action as soon as practicable after taking it.

(4)In this section—

emergency repair limit, for a residential tenancy agreement, means an amount equal to the amount payable under the agreement for 4 weeks rent.

s 219A ins 2021 No. 19 s 49

220Orders of tribunal about reimbursement or payment for emergency repairs

(1)This section applies if the tenant makes a requirement of the lessor under section 219 for the reimbursement or payment of an amount for emergency repairs.

(2)If the lessor objects to the requirement, the lessor may, within 7 days after the requirement is made, apply to a tribunal for an order about the reimbursement or payment.

(3)If, within the 7 day period, the lessor does not comply with the requirement or make the application, the tenant may apply to a tribunal for an order about the reimbursement or payment.

(4)An application under subsection (2) must be decided by a tribunal, but an application under subsection (3) may be decided by a tribunal or registrar.

(5)However, a registrar may decide an application only if—

(a)the registrar is satisfied the tenant has given to the lessor appropriate documents to support the incurring of the amount for which reimbursement or payment is sought; and

(b)the lessor has not made an application under subsection (2); and

(c)the registrar is satisfied a tribunal has not been notified of a dispute between the parties about the amount.

Examples of appropriate documents for subsection (5)(a)—

invoices, accounts and receipts

(6)If an application is made under subsection (2) or (3), a tribunal or registrar may make any order or give any directions about the reimbursement or payment the tribunal or registrar considers appropriate in all the circumstances of the case.

(7)In deciding an application under subsection (2) or (3), the tribunal or registrar may have regard to—

(a)whether the tenant obtained a number of quotations for the repairs; and

(b)whether the repairs were necessary because of a breach of a term of the agreement by the tenant.

(8)Subsection (7) does not limit the issues to which the tribunal or registrar may have regard.

221Application for repair order

(1)The tenant, or a representative entity, may apply to the tribunal for an order (a repair order) about repairs to the premises or inclusions if—

(a)the premises or inclusions need repair; and

(b)for routine repairs—

(i)the tenant has informed the lessor or lessor’s agent under section 217 of the need for the repair; and

(ii)the repair was not made within a reasonable time after the lessor or lessor’s agent was informed by the tenant of the need for the repair; and

(c)for emergency repairs—

(i)the tenant has been unable to notify the lessor or nominated repairer of the need for the repair; or

(ii)the repair was not made within a reasonable time after the tenant gave the lessor or nominated repairer notice of the need for the repair.

(2)However, the representative entity may not apply for the repair order if—

(a)the tenant does not consent to the entity applying for the order; or

(b)the tenant and entity do not agree on the order to be sought.

(3)This section does not apply for a short tenancy (moveable dwelling).

s 221 sub 2021 No. 19 s 50

221A Granting repair order

(1)The tribunal may grant an application for a repair order if the tribunal is satisfied the application is made under section 221.

(2)In considering the application, the tribunal—

(a)must consider—

(i)the conduct of the lessor and lessor’s agent; and

(ii)the risk of injury the damage is likely to cause a person at the premises; and

(iii)the loss of amenity caused by the damage; and

(b)may consider any other matter the tribunal considers relevant.

(3)In granting the repair order, the tribunal may—

(a)make any order, or give any directions, about the repairs the tribunal considers appropriate in the circumstances; or

(b)if the premises is vacant—make an order that the premises not be occupied under a residential tenancy agreement until stated repairs are completed.

(4)Without limiting subsection (3), the tribunal may make an order about 1 or more of the following matters—

(a)what is, or is not, to be repaired;

(b)that the lessor must carry out the repairs by a stated date;

(c)that the tenant may arrange for a suitably qualified person to carry out the repairs for an amount decided by the tribunal;

(d)who must pay for the repairs;

(e)that the tenant may pay a reduced rent until the repairs are carried out to the standard decided by the tribunal;

(f)that the lessor must pay an amount to the tenant as compensation for loss of amenity;

(g)that a suitably qualified person must assess the need for the repairs or inspect the premises or inclusions;

(h)that the residential tenancy agreement ends if the repairs are not completed by a stated date.

(5)Until a repair order is complied with, the repair order—

(a)continues to apply in relation to the premises; and

(b)does not end with any particular residential tenancy agreement.

(6)The tribunal must give the authority a copy of a repair order made under this section.

s 221A ins 2021 No. 19 s 51

221B Extension of time to comply with repair order

(1)The lessor may apply to the tribunal for an extension of time to comply with a repair order applying to the lessor.

(2)The tribunal may grant the application if the tribunal is satisfied the lessor is unable to complete the ordered repairs before the required time for any of the following reasons—

(a)hardship;

(b)a shortage of a material necessary to make the repairs;

(c)the remote location of the premises is causing the lessor difficulty in—

(i)being supplied with a material necessary to make the repairs; or

(ii)engaging a suitably qualified person to make the repairs.

(3)The tribunal must notify the authority of an extension granted under this section.

s 221B ins 2021 No. 19 s 51

221C Offence to contravene repair order

(1)A person must comply with a repair order to the extent the order applies to the person, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.

Maximum penalty for each week the offence continues after a conviction against subsection (1)—5 penalty units.

s 221C ins 2021 No. 19 s 51

222Application of pt 6

This part applies only if premises under an agreement are moveable dwelling premises in a moveable dwelling park.

223Notice to relocate

(1)The lessor may give a notice (notice to relocate) to the tenant requiring the tenant to relocate to another site in the moveable dwelling park within a stated period.

(2)The notice to relocate may be given only if the relocation is necessary—

(a)to allow the carrying out of necessary or desirable work in the park; or

(b)because of an emergency; or

(c)for health or safety reasons; or

(d)if the lessor is a home owner—because the lessor has an obligation under a site agreement to reposition the moveable dwelling.

Examples of work to which subsection (2)(a) could apply—

maintenance, repairs, upgrading and restoration

(3)The notice to relocate to another site may be given only if the other site is, as far as practicable, reasonably comparable to the site currently occupied by the tenant.

(4)The period stated in the notice must be reasonable but, in any event, for a notice given under subsection (2)(a) or (d), must be not less than 1 month after the notice is given to the tenant.

(5)The notice to relocate must—

(a)be in writing; and

(b)identify the site to which the tenant is to relocate; and

(c)state the period within which the tenant is to relocate; and

(d)state the reasons for the relocation.

Note—

See section 283 in relation to a failure of the tenant to comply with the notice to relocate.

224Restriction against enforcing relocation

The lessor or lessor’s agent must not take any action to enforce the tenant’s relocation under a notice to relocate unless—

(a)the tenant agrees; or

(b)a tribunal orders the tenant to relocate to the site mentioned in the notice.

Maximum penalty—20 penalty units.

225Effect of relocation

If the tenant complies with the notice to relocate given to the tenant, the tenant’s site for the agreement is the site to which the tenant relocates, and the agreement is taken to be amended accordingly.

226Costs of relocation

(1)The reasonable costs and expenses incurred by the tenant in complying with the notice to relocate are payable to the tenant by the lessor.

(2)If application is made to a tribunal under this section by the tenant, the tribunal may make an order requiring the lessor to pay to the tenant the amount it considers the tenant is entitled to receive under subsection (1).

227Application to tribunal

(1)This section applies if—

(a)a notice to relocate is given to the tenant; and

(b)the tenant—

(i)has not complied with the notice; or

(ii)is proposing not to comply with the notice (whether or not the tenant has told the lessor).

(2)Either party may apply to a tribunal for an order about the relocation.

(3)In deciding the application, the tribunal may make either of the following orders—

(a)an order requiring the tenant to relocate, by a stated date, to the site mentioned in the notice to relocate;

(b)an order setting aside the notice to relocate.

228Park rules

(1)The owner of the moveable dwelling park may make rules about the use, enjoyment, control and management of the park.

(2)However, rules may be made only about—

(a)the use and operation of communal facilities; and

(b)the making and abatement of noise; and

(c)the carrying on of sporting and other recreational activities; and

(d)speed limits for motor vehicles; and

(e)parking of motor vehicles; and

(f)the disposal of refuse; and

(g)the keeping of pets; and

(h)other things prescribed under a regulation.

229Notice of proposed change of park rule

(1)If the owner of a moveable dwelling park proposes to change a park rule, the owner must—

(a)fix a day (the objection closing day) by which residents of the park may object to the proposed change (the proposal); and

(b)give notice of the proposal to each resident and any person who becomes a resident before the objection closing day.

(2)A notice must be given—

(a)for a resident—at least 1 month before the objection closing day; or

(b)for someone else—when the person becomes a resident.

(3)The notice must—

(a)be in writing; and

(b)inform the resident that the resident may object to the proposal before the objection closing day; and

(c)inform the resident how the objection may be made.

230Objection to proposal

(1)A resident of the park may object to the proposal because it is unreasonable.

(2)The objection must be made by written notice given to the park owner before the objection closing day.

(3)The notice must give particulars of why the proposal is considered to be unreasonable.

231Park liaison committee

(1)This section applies only if objections to the proposal are made before the objection day by—

(a)at least 5 park residents from 5 different sites in the park; or

(b)if the park has less than 10 sites—a majority of the park residents.

(2)As soon as practicable after the objection closing day, the persons who have objected (the objectors) and the park owner must set up a committee (the park liaison committee) to consider the objections.

(3)The committee is to consist of the following members—

(a)a person chosen by the objectors;

(b)the park owner or the park owner’s nominee;

(c)someone else agreed on by the other members.

(4)The member mentioned in subsection (3)(a) may be an objector.

(5)The committee may consider the objections only if the 3 members are present.

(6)If the members mentioned in subsection (3)(a) and (b) fail, within 7 days after the objection closing day, to agree on the other person who is to be a member, the park owner must give written notice of the failure to each of the objectors (non-resolution notice).

232Consideration of objections by committee

(1)If a park liaison committee is set up, it must consider all objections properly made about the proposal and—

(a)declare the proposal to be either reasonable or unreasonable; or

(b)if it considers the proposal is unreasonable—change the proposal in a way it considers appropriate to make it reasonable.

(2)The committee must give written notice of its decision to—

(a)the objectors; and

(b)if the park owner is not a member of the committee—the park owner.

233Application to tribunal about proposal

(1)This section applies if—

(a)non-resolution notices are given to the objectors; or

(b)the park owner or an objector is dissatisfied with a decision of the park liaison committee.

(2)The park owner or objector may apply to a tribunal for an order declaring the proposal to be reasonable or unreasonable.

(3)The application must—

(a)be made within 7 days after receiving the non-resolution notice or the decision being made; and

(b)give particulars of why the proposal is considered to be reasonable or unreasonable.

(4)A single application may be made by objectors if it is made by—

(a)at least 5 park residents from 5 different sites in the park; or

(b)if the park has less than 10 sites—a majority of the park residents.

(5)In subsection (2), a reference to the proposal about which an order may be sought includes a change of a park rule proposed by the park owner as changed by the park liaison committee.

234Decision of tribunal about proposal

(1)If an application is made to a tribunal about the reasonableness of the proposal to change a park rule, the tribunal may—

(a)declare the proposal to be reasonable or unreasonable; or

(b)change the proposal in a way it considers appropriate to make it reasonable; or

(c)make any other order it considers appropriate.

(2)In deciding the application, the issues to which the tribunal may have regard include the following—

(a)the park’s location;

(b)the park’s internal layout;

(c)the amenities, improvements, facilities and other physical features of the park;

(d)the number of residents and their needs;

(e)the levels of rent and other charges paid by residents.

(3)Subsection (2) does not limit the issues to which the tribunal may have regard.

235When proposal takes effect

(1)This section sets out the way of working out when a proposal to change a park rule takes effect.

(2)This section applies (as case 1) if—

(a)no objections are made to the proposal; or

(b)the number of objections made to the proposal are not sufficient to require the setting up of a park liaison committee.

(3)This section applies (as case 2) if—

(a)non-resolution notices about the proposal are given to the objectors; and

(b)no application is made to a tribunal within the required time.

(4)This section applies (as case 3) if—

(a)a decision is made by a park liaison committee—

(i)declaring the proposal to be reasonable; or

(ii)changing the proposal in a way it considers appropriate to make the proposal reasonable; and

(b)no application is made to a tribunal within the required time.

(5)This section applies (as case 4) if a decision is made by a tribunal—

(a)declaring the proposal to be reasonable; or

(b)changing the proposal in a way it considers appropriate to make the proposal reasonable.

(6)If case 1 applies, the proposal takes effect—

(a)at the end of the objection closing day; or

(b)if a later day is stated by the park owner—on the later day.

(7)If case 2 applies, the proposal takes effect—

(a)at the end of the last day on which an application may be made to a tribunal; or

(b)if a later day is stated by the park owner—on the later day.

(8)If case 3 applies, the proposal takes effect on the day decided by the park liaison committee.

(9)If case 4 applies, the proposal takes effect on the day decided by the tribunal.

236When changes of park rules have no effect

(1)A change of a park rule has no effect if—

(a)it is made otherwise than under this division; or

(b)a park liaison committee or tribunal, in considering a proposal about the change, decides that the proposal is unreasonable.

(2)However, subsection (1)(b) does not apply to a decision of the park liaison committee if a later decision of a tribunal—

(a)decided the proposal was reasonable; or

(b)changes the proposal in a way it considered appropriate to make the proposal reasonable.

237Tenant’s action subject to lessor’s unqualified discretion

(1)This section applies to an agreement if—

(a)the lessor is the State; or

(b)the lessor is an entity receiving financial or other assistance from the State to supply rented accommodation to persons; or

(c)the tenant’s right to occupy the premises is given under the tenant’s terms of employment; or

(d)the tenancy is a short tenancy (moveable dwelling).

(2)The tenant may transfer the whole or a part of the tenant’s interest under the agreement, or sublet the premises, only if the lessor agrees in writing to the transfer or subletting.

238Tenant’s action subject to lessor’s qualified discretion

(1)This section applies to an agreement only if section 237 does not apply to the agreement.

(2)The tenant may transfer all or a part of the tenant’s interest under the agreement, or sublet the premises, only if—

(a)the lessor agrees in writing to the transfer or subletting; or

(b)the transfer or subletting is made under an order of a tribunal.

(3)The lessor must act reasonably in failing to agree to the transfer or subletting.

(4)The lessor is taken to act unreasonably in failing to agree to the transfer or subletting if the lessor acts in a capricious or retaliatory way.

239Order of tribunal about transfer or subletting

(1)If the tenant believes the lessor has acted unreasonably in failing to agree to a transfer or subletting under section 238, the tenant may apply to a tribunal for an order under this section.

(2)If, on an application made to a tribunal by the tenant, the lessor fails to satisfy the tribunal that the lessor acted reasonably in failing to agree to the transfer or subletting, the tribunal may make an order authorising the tenant to make the transfer or subletting without the lessor’s agreement.

(3)In deciding whether the lessor acted reasonably in failing to agree to the transfer or subletting, the tribunal may have regard to the following issues—

(a)the likelihood of the proposed transferee fulfilling the tenant’s obligations under the agreement;

(b)the risk of damage to the premises or inclusions.

Example of risk for subsection (3)(b)—

a risk that may arise because of a hobby or business the proposed transferee intends carrying on at the premises

(4)Subsection (3) does not limit the issues to which the tribunal may have regard.

240Lessor’s expenses for transfer or subletting

The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, an amount for the lessor’s agreement to a transfer or subletting by the tenant, other than an amount for the reasonable expenses incurred by the lessor in agreeing to the transfer or subletting.

Maximum penalty—20 penalty units.

241Lessor’s fee for sale of caravan

(1)This section applies—

(a)only to an agreement for moveable dwelling premises consisting only of the site for a caravan; and

(b)if the residential tenancy is a long tenancy (moveable dwelling).

(2)The lessor may require the tenant to pay, or accept from the tenant, a fee (not more than an amount prescribed under a regulation) for the sale or attempted sale of a caravan on the premises only if—

(a)the lessor supplies a service in the sale or attempted sale; and

(b)when the service is supplied, there is a written agreement in force between the parties for the payment of the fee by the tenant to the lessor for the service.

(3)The lessor or lessor’s agent must not require the tenant to pay, or accept from the tenant, a fee for the sale or attempted sale of a caravan on the premises in contravention of subsection (2).

Maximum penalty—20 penalty units.

(4)Subsections (2) and (3) do not prevent the lessor or lessor’s agent charging, in addition to the prescribed fee under subsection (2), an amount for GST payable for the supply of the service in the sale or attempted sale.

242Transfer by lessor

(1)The lessor must—

(a)if the lessor proposes to transfer the lessor’s interest in the premises to another person (the buyer)—give written notice of the tenancy to the buyer; and

(b)if the lessor transfers the interest subject to the tenancy—give written notice of the transfer (the attornment notice) to the tenant.

(2)The attornment notice operates as an attornment as tenant to the buyer by the tenant at the rent, and on the other terms of the agreement applying when the notice is given, but only if the notice—

(a)states the buyer’s name and address; and

(b)directs the tenant to make all future payments of rent to the buyer.

Note—

An attornment is an acknowledgement of the tenancy relationship between the tenant and new lessor.

(3)However, if an amount for rent is unpaid when the attornment notice is given, the amount may be recovered by the former lessor as a debt owing to the former lessor by the tenant.

(4)Subsection (1)(a) applies whether the transfer is proposed to be made with vacant possession or subject to the tenancy.

243End of tenant’s occupation

(1)This section applies if—

(a)a person who is not the tenant under an agreement is occupying the premises; and

(b)the tenant dies or otherwise ceases to occupy the premises; and

(c)the lessor is not the State.

(2)The person may apply to a tribunal for the following orders—

(a)an order to be recognised as the tenant under the agreement;

(b)an order to be joined as a party to a proceeding before the tribunal about the premises.

(3)The application may be made—

(a)when making another application to, or in a proceeding before, the tribunal; or

(b)independently of another application or proceeding.

(4)In deciding the application, the tribunal may make the following orders—

(a)an order recognising the person as the tenant under the agreement;

(b)an order joining the person as a party to a proceeding before the tribunal.

(5)If the tribunal makes an order under subsection (4)(a), it may make any other order it considers appropriate.

Example of an order under subsection (5)—

an order about the application of the terms of the agreement, or other terms, to the person as tenant

(6)A person in whose favour an order is made under subsection (4)(a) is taken to be the tenant under the agreement on the terms the tribunal orders.

(7)The tribunal may not make an order under this section without giving the lessor an opportunity to be heard on the application.

244Death of a cotenant

(1)This section applies if—

(a)there are cotenants under an agreement; and

(b)the cotenants are not stated under the agreement to be joint tenants; and

(c)1 of the cotenants dies.

(2)On the deceased’s death—

(a)the deceased’s interest in the tenancy ends; and

(b)the agreement continues in force with the parties to the agreement being the lessor and the other cotenant or cotenants.

(3)Subsection (2) does not affect, as between the deceased and the other cotenant or cotenants, any right (including, in particular, a right relating to a rental bond) or liability of the deceased existing immediately before the deceased’s death.

245Injury to domestic associate

(1)This section applies to—

(a)the domestic associate of the tenant occupying the premises with the tenant; and

(b)a cotenant whose domestic associate is the other, or another, cotenant.

(2)The person may apply to a tribunal for an order to be recognised as the tenant, or a cotenant, under the agreement instead of the person’s domestic associate because the person’s domestic associate has committed domestic violence against the person.

(3)The tribunal may make the order if it is satisfied the person has established the ground of the application.

(4)In deciding the application, the tribunal must have regard to the following issues (the domestic violence issues)—

(a)whether the person has applied for a protection order against the person’s domestic associate;

(b)if an application was made—whether a domestic violence order was made and, if made, whether it is in force;

(c)if a domestic violence order has been made—whether a condition was imposed prohibiting the person’s domestic associate from entering, or remaining, on the premises.

(5)Subsection (4) does not limit the issues to which the tribunal may have regard.

(6)If the tribunal makes the order, it may make any other order it considers appropriate.

Examples of orders tribunal may make—

1an order about the application of the terms of the agreement, or other terms, to the person as tenant, or as a cotenant

2an order about any rental bond paid by the person’s domestic associate

3an order that any other person must not list the person’s personal information in a tenancy database under section 459

(7)A person in whose favour an order is made under subsection (3) is taken to be the tenant, or a cotenant, under the agreement on the terms the tribunal orders.

(8)The tribunal may not make an order under subsection (3) without giving the lessor an opportunity to be heard on the application.

(9)In this section—

domestic associate means a person in any of the following relationships—

(a)an intimate personal relationship;

(b)a family relationship;

(c)an informal care relationship.

(10)A term used in subsection (9)(a) to (c) has the same meaning as in the Domestic and Family Violence Protection Act 2012 and a reference in that Act to a court deciding whether a relationship exists includes a reference to the tribunal deciding that issue for this section.

s 245 amd 2012 No. 5 s 230 sch 1pt 2; 2016 No. 11 s 25A

246Injury or damage affecting occupants

(1)This section applies to a person (the occupant) who is an occupant of premises and who is not the tenant or a cotenant.

(2)The occupant may apply to a tribunal for an order to be recognised as the tenant, or a cotenant, under the agreement instead of the tenant, or a cotenant, because the tenant or cotenant has intentionally or recklessly caused, or is likely to intentionally or recklessly cause—

(a)serious damage to the premises; or

(b)injury to—

(i)the occupant; or

(ii)someone else occupying, or allowed on, the premises.

(3)The tribunal may make the order if it is satisfied the occupant has established the ground of the application.

(4)If the tribunal makes the order, it may make any other order it considers appropriate.

Examples of orders tribunal may make—

1an order about the application of the terms of the agreement, or other terms, to the occupant as tenant, or as a cotenant

2an order about any rental bond paid for the agreement

(5)A person in whose favour an order is made under subsection (3) is taken to be the tenant, or a cotenant, under the agreement on the terms the tribunal orders.

(6)The tribunal may not make an order under subsection (3) without giving the lessor an opportunity to be heard on the application.

ch 3 pt 8 hdg ins 2021 No. 19 s 52

246A Retaliatory action taken against tenant

(1)This section applies if—

(a)any of the following apply—

(i)the tenant, or a representative entity, takes action to enforce the tenant’s rights, including, for example, by—

(A)giving the lessor a notice to remedy breach; or

(B)requesting repairs or maintenance to the premises or inclusions; or

(C)requiring the lessor to reimburse the tenant for an amount properly incurred by the tenant for emergency repairs; or

(D)applying to the tribunal for an order under this Act;

(ii)the lessor or lessor’s agent knows the tenant or a representative entity has complained to the authority or another government entity about an act or omission of the lessor that adversely affected the tenant;

(iii)an order of the tribunal is in force in relation to the lessor and tenant; and

(b)after a matter mentioned in paragraph (a) arises, the lessor—

(i)gives the tenant a notice to remedy breach, other than a notice relating to a failure to pay rent for at least 7 days; or

(ii)increases the rent payable under the residential tenancy agreement; or

(iii)takes action to end the residential tenancy agreement; or

(iv)refuses to enter into a further residential tenancy agreement, at the end of the current agreement, with the tenant.

(2)The tenant may apply to the tribunal for an order to set aside the lessor’s action if the tenant reasonably believes the action was taken to intimidate or punish the tenant for a matter mentioned in subsection (1)(a).

(3)The application must be made within 1 month after the tenant becomes aware of the lessor taking the action.

(4)The tribunal may make the order sought if the tribunal is satisfied the lessor’s action was likely to have been taken by the lessor to intimidate or punish the tenant for a matter mentioned in subsection (1)(a).

(5)The tenant may form a belief under subsection (2), and the tribunal may be satisfied of a matter under subsection (4), whether or not—

(a)the tenant was intimidated or suffered a punishment; or

(b)any person was convicted or found guilty of an offence against this Act.

s 246A ins 2021 No. 19 s 52

247Provider’s obligations generally

(1)The provider for rooming accommodation has the following obligations in relation to each resident in the rental premises—

(a)to ensure the provider is not in breach of a law dealing with issues about the health or safety of persons using or entering the resident’s room or common areas;

(b)to take reasonable steps to ensure the resident—

(i)always has access to the resident’s room and to bathroom and toilet facilities; and

(ii)has reasonable access to any other common areas;

(c)to take reasonable steps to ensure the security of the resident’s room and the resident’s personal property in the room;

(d)to maintain the resident’s room and common areas in a way that the room and areas remain fit for the resident to live in;

(e)to take reasonable steps to ensure the resident’s room and common areas and facilities provided in the room and areas—

(i)are kept safe and in good repair; and

(ii)subject to any agreement with the resident about cleaning the resident’s room or common areas or facilities—are kept clean;

(f)not to unreasonably restrict the resident’s guests in visiting the resident;

(g)to ensure that the times during which the provider, or an agent of the provider, is available to be contacted by the resident are reasonable, having regard to all the circumstances including the services being provided to the resident under the rooming accommodation agreement;

Note—

Under section 72, these and other obligations under this part are taken to be included as terms of the rooming accommodation agreement.

(h)to ensure the rental premises and inclusions otherwise comply with any prescribed minimum housing standards for the rental premises or inclusions.

(2)For subsection (1)(e)(ii), an agreement about cleaning common areas may be made only for a common area used by the resident and a minority of other residents of the provider.

Example for subsection (2)—

Four residents have individual rooms opening out onto a living area which is available for use only by those residents. The provider and the 4 residents may agree that the cleaning of the living area is to be done by the 4 residents.

s 247 amd 2017 No. 42 s 86

248Provider’s or agent’s name and other details

(1)On or before the day the resident starts occupying the premises, the provider or provider’s agent must give a written notice to the resident stating—

(a)the provider’s name and address for service; or

(b)if the provider has an agent who is authorised to stand in the provider’s place in a proceeding prescribed under a regulation (the prescribed proceeding)—the agent’s name and address for service.

Maximum penalty—20 penalty units.

(2)If a detail mentioned in the notice changes, the provider or provider’s agent must give written notice of the change to the resident within 14 days after the change.

Maximum penalty—20 penalty units.

(3)If details of the agent mentioned in subsection (1)(b) are given to the resident under this section, the agent stands in the provider’s place for a prescribed proceeding and, for example—

(a)the proceeding may be taken against the agent as if the agent were the provider; and

(b)a tribunal may make an order against the agent as if the agent were the provider; and

(c)settlement may be made with the agent as if the agent were the provider.

(4)In this section—

address for service means—

(a)for an individual—the individual’s place of residence or place of business; or

(b)for a body corporate—the body corporate’s registered office or place of business.

249Quiet enjoyment

(1)The provider must take reasonable steps to ensure the resident has quiet enjoyment of the resident’s room and common areas.

(2)The provider or provider’s agent must not interfere with the reasonable peace, comfort or privacy of the resident in using the resident’s room and common areas.

Maximum penalty for subsection (2)—20 penalty units.

250Supply of locks and keys

(1)The provider must supply and maintain the locks that are necessary to ensure the resident’s room is reasonably secure.

(2)The provider must give the resident a key for each lock that secures entry to the following—

(a)the resident’s room;

(b)a building or building within which the resident’s room and common areas are situated.

(3)The resident must not make a copy of a key without the provider’s permission.

(4)The resident must not tamper with a door lock in the premises.

(5)In this section—

resident means a person named in a rooming accommodation agreement as a resident.

251Changing locks

(1)The resident may request the provider to change or repair a lock that secures entry to the resident’s room if the resident reasonably believes there is the likelihood of—

(a)risk to the resident’s safety; or

(b)theft of, or damage to, the resident’s belongings.

(2)The provider must not act unreasonably in failing to agree to change or repair the lock.

(3)Also, the provider must change or repair the lock if the request states it is made for the purpose of protecting the resident from domestic violence.

(4)If the provider changes a lock under subsection (3), the provider must not give a key for the changed lock to any person other than the resident without the resident’s agreement or a reasonable excuse.

Maximum penalty—50 penalty units.

s 251 amd 2021 No. 19 s 19

252Application to tribunal about lock or key

(1)A provider or resident may apply to the tribunal for an order relating to a lock or key mentioned in section 250.

(2)The tribunal may make any of the following orders—

(a)an order requiring the provider to supply a lock, or a lock of a particular kind;

(b)an order requiring the provider to carry out stated maintenance of a lock;

(c)an order authorising the provider or resident to change a lock;

(d)an order that the provider or resident is not required to give to the other party a key to a lock;

(e)an order requiring the provider or resident to give to the other party a key to a lock.

(3)In making an order mentioned in subsection (2)(a) or (c), the tribunal may have regard to the following—

(a)the likelihood of risk to the resident’s personal safety or theft of, or damage to, the resident’s belongings;

(b)the requirements of insurance companies for allowing the resident to obtain insurance for property of the resident kept at the premises;

(c)the likelihood of break-ins or other unlawful entry to the premises or nearby premises;

(d)local community standards about adequate security for premises;

(e)the physical characteristics of the premises and adjoining areas;

(f)anything else the tribunal considers relevant.

253Resident’s obligations generally

(1)A resident in rental premises has the following obligations—

(a)to use the resident’s room and common areas only or mainly as a place of residence;

(b)not to use the resident’s room or common areas for an illegal purpose;

(c)not to interfere with, and to ensure the resident’s guests do not interfere with, the reasonable peace, comfort or privacy of another resident or another resident’s appropriate use of the other resident’s room or common areas;

(d)to pay the rent when it falls due;

(e)not to keep an animal on the rental premises without an authorisation under section 256B;

(f)not to intentionally or recklessly damage or destroy, or allow the resident’s guests to intentionally or recklessly damage or destroy, any part of the rental premises or a facility in the rental premises;

(g)to keep the resident’s room and inclusions clean, having regard to their condition at the start of the rooming accommodation agreement;

(h)to maintain the resident’s room in a condition that does not give rise to a fire or health hazard;

Examples of fire hazard—

1allowing newspapers to build up in the resident’s room

2blocking access to the resident’s room

(i)at the end of the rooming accommodation agreement, to leave the resident’s room and inclusions, as far as possible, in the same condition they were in at the start of the agreement, fair wear and tear excepted.

Note—

Under section 72, these and other obligations under this part are taken to be included as terms of the rooming accommodation agreement.

(2)However, the resident’s obligations under subsection (1) do not apply to the extent the obligations would have the effect of requiring the resident to repair, or compensate the provider for, damage to the resident’s room or inclusions caused by an act of domestic violence experienced by the resident.

s 253 amd 2021 No. 19 ss 20, 53

254Attaching fixtures and making structural changes

The resident may attach a fixture, or make a structural change, to rental premises only if the provider agrees to the fixture’s attachment or structural change.

255Agreement about fixtures and structural changes

(1)The provider’s agreement to the attaching of a fixture, or making of a structural change, must—

(a)be in writing; and

(b)describe the nature of the fixture or change; and

(c)include any terms of the agreement.

(2)For an agreement about attaching a fixture to rental premises, the terms may include terms about—

(a)whether the resident may remove the fixture; and

(b)if removal by the resident is allowed—

(i)when and how the removal may be performed; and

(ii)the obligation of the resident to repair any damage caused to the rental premises in the removal or compensate the provider for the provider’s reasonable costs of repairing the damage; and

(c)if removal by the resident is not allowed—the obligation of the provider to compensate the resident for any improvement the fixture makes to the rental premises.

(3)The provider must not act unreasonably in failing to agree to the attaching of a fixture, or the making of a structural change, to the rental premises.

(4)If the provider agrees to a fixture being attached, or a structural change being made, to the rental premises by the resident, the resident must not contravene a term of the agreement.

256Attaching fixture or making structural change without provider’s agreement

(1)If the resident attaches a fixture, or makes a structural change, to the rental premises without the provider’s agreement, the provider may—

(a)waive the breach; and

(b)treat the fixture or change as an improvement to the rental premises for the provider’s benefit.

(2)The provider may take the action under subsection (1) instead of taking action for a breach of a term of the rooming accommodation agreement by the resident.

ch 4 pt 1A hdg ins 2021 No. 19 s 54

ch 4 pt 1A div 1 hdg ins 2021 No. 19 s 54

256A Definitions for part

In this part—

pet—

(a)means—

(i)a domesticated animal; or

(ii)an animal that is dependent on a person for the provision of food or shelter; but

(b)does not include—

(i)a working dog; or

(ii)an animal prescribed by regulation not to be a pet.

working dog means—

(a)an assistance dog, guide dog or hearing dog under the Guide, Hearing and Assistance Dogs Act 2009, schedule 4; or

(b)a corrective services dog under the Corrective Services Act 2006, schedule 4; or

(c)a police dog under the Police Powers and Responsibilities Act 2000, schedule 6.

s 256A ins 2021 No. 19 s 54

ch 4 pt 1A div 2 hdg ins 2021 No. 19 s 54

256B Keeping pets and other animals in resident’s rooms

(1)The resident may keep a pet or other animal in the resident’s room only with the approval of the provider.

(2)However, the resident may keep a working dog in the resident’s room without the provider’s approval.

(3)An authorisation to keep a pet, working dog or other animal in a resident’s room is subject to a body corporate by-law, house rules or other law relating to keeping animals at the rental premises.

Examples—

1The rental premises may be subject to a local law that limits the number or types of animals that may be kept at the premises.

2The rental premises may be subject to a body corporate by-law that requires the resident obtain approval from the body corporate before keeping a pet at the premises.

s 256B ins 2021 No. 19 s 54

256C Resident responsible for pets and other animals

(1)The resident is responsible for all nuisance caused by a pet or other animal kept in the resident’s room, including, for example, noise caused by the pet or other animal.

(2)The resident is responsible for repairing any damage to the resident’s room or inclusions caused by the pet or other animal.

(3)Damage to the resident’s room or inclusions caused by the pet or other animal is not fair wear and tear for the purpose of section 253(1)(i).

s 256C ins 2021 No. 19 s 54

ch 4 pt 1A div 3 hdg ins 2021 No. 19 s 54

256D Request for approval to keep pet in resident’s room

(1)The resident may request, in the approved form, the provider’s approval for the resident to keep a stated pet in the resident’s room.

(2)The provider must respond to the resident’s request within 14 days after receiving the request.

(3)The provider’s response must be in writing and state—

(a)whether the provider approves or refuses the resident’s request; and

(b)if the provider approves the resident’s request subject to conditions—the conditions of the approval; and

(c)if the provider refuses the resident’s request—

(i)the grounds for the refusal; and

(ii)the reasons why the provider believes the grounds for the refusal apply to the request.

Note—

See section 256E for the permitted grounds for refusal.

(4)The provider is taken to approve the keeping of the pet in the resident’s room if—

(a)the provider does not comply with subsection (2); or

(b)the provider’s response does not comply with subsection (3).

(5)To remove any doubt, it is declared that a provider’s refusal of a resident’s request on the grounds that ‘no pets are allowed’ is not enough to comply with subsection (3)(c).

s 256D ins 2021 No. 19 s 54

256E Grounds for refusing pets being kept in resident’s room

(1)The following are the only grounds for a provider to refuse a resident’s request for approval to keep a stated pet in the resident’s room—

(a)keeping the pet would exceed a reasonable number of animals being kept in the room or at the rental premises;

(b)the resident’s room is unsuitable for keeping the pet because of a lack of appropriate space or other things necessary to humanely accommodate the pet;

(c)keeping the pet is likely to cause damage to the resident’s room or inclusions that could not practicably be repaired for a cost that is less than the amount of the rental bond for the room;

(d)keeping the pet would pose an unacceptable risk to the health and safety of a person, including, for example, because the pet is venomous;

(e)keeping the pet would contravene a law;

(f)keeping the pet would contravene a body corporate by-law or house rule applying to the rental premises;

(g)the resident has not agreed to the reasonable conditions proposed by the provider for approval to keep the pet;

(h)the animal stated in the request is not a pet;

(i)another ground prescribed by regulation.

(2)Subsection (1)(g) applies only to conditions to which an approval may be subject under section 256F.

s 256E ins 2021 No. 19 s 54

256F Conditions for approval to keep pet in resident’s room

(1)The provider’s approval for the resident to keep a pet in the resident’s room may be subject to conditions if the conditions—

(a)relate only to keeping the pet in the resident’s room; and

(b)are reasonable having regard to the type of pet, the room and the rental premises; and

(c)are stated in the written approval given to the resident under section 256D(2).

(2)Without limiting subsection (1)(b), the following conditions of the provider’s approval are taken to be reasonable—

(a)a condition requiring the pet generally be kept in the resident’s room;

(b)if the pet is capable of carrying parasites that could infest the room—a condition requiring the room to be professionally fumigated at the end of the rooming accommodation agreement;

(c)if the pet is allowed inside the room—a condition requiring carpets in the room to be professionally cleaned at the end of the rooming accommodation agreement.

(3)A condition of the provider’s approval for the resident to keep a pet in the resident’s room is void if the condition—

(a)would have the effect of the provider contravening section 176 or 177; or

(b)would, as a term of a rooming accommodation agreement, be void under section 178; or

(c)would increase the rent or rental bond payable by the resident; or

(d)would require any form of security from the resident.

(4)For subsection (2), a room is professionally fumigated, and carpets are professionally cleaned, if the fumigation and cleaning are done to a standard ordinarily achieved by businesses selling those services.

s 256F ins 2021 No. 19 s 54