Residential Tenancies and Rooming Accommodation (Transitional) Regulation 2024

1Short title

This regulation may be cited as the Residential Tenancies and Rooming Accommodation (Transitional) Regulation 2024.

2Declaration that regulation is transitional regulation—Act, s 588

This regulation is a transitional regulation.

Note—

This regulation expires 2 years after the day section 588 of the Act commences. See section 588(4) of the Act.

3Definitions

In this regulation—

amendment Act means the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024.

new, for a provision of the Act, means the provision as in force from the commencement of the provision in which the term is used.

4Application of provisions relating to rent increases for premises purchased within 12 months before commencement

(1)This section applies if—

(a)premises the subject of a residential tenancy agreement were purchased by the lessor within 12 months before the commencement of the amendment Act, part 2, division 2 (the 12-month period); and

(b)at any time within the 12-month period, the premises were the subject of a residential tenancy agreement, including a residential tenancy agreement entered into by a previous owner of the premises; and

(c)the lessor does not hold information about the day the rent was last increased for the premises under section 93(2) of the Act.

Note—

The amendment Act, part 2, division 2 commenced on 6 June 2024.

(2)New sections 61(2)(c), 91(3)(c) and 93A(2) of the Act do not apply to the lessor or lessor’s agent in relation to the premises until the earlier of the following—

(a)the lessor holds the information mentioned in subsection (1)(c);

(b)the rent is increased for the premises under section 93(2) of the Act.

(3)For this section, the lessor holds information if the lessor or lessor’s agent—

(a)is in possession or control of the information; or

(b)could reasonably obtain the information.

5Application of provisions relating to rent increase in relation to rental premises purchased within 12 months before commencement

(1)This section applies if—

(a)rental premises the subject of a rooming accommodation agreement were purchased by the provider within 12 months before the commencement of the amendment Act, part 2, division 2 (the 12-month period); and

(b)at any time within the 12-month period, the rental premises were the subject of a rooming accommodation agreement, including a rooming accommodation agreement entered into by a previous provider of the rental premises; and

(c)the provider does not hold information about the day the rent was last increased for the resident’s room under section 105B(2) of the Act.

Note—

The amendment Act, part 2, division 2 commenced on 6 June 2024.

(2)New sections 77(2)(c), 105(2)(c) and 105C(2) of the Act do not apply to the provider or provider’s agent in relation to the resident’s room until the earlier of the following—

(a)the provider holds the information mentioned in subsection (1)(c);

(b)the rent is increased for the resident’s room under section 105B(2) of the Act.

(3)For this section, the provider holds information if the provider or provider’s agent—

(a)is in possession or control of the information; or

(b)could reasonably obtain the information.