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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  2 Oct 2014
Consolidated as at:  11 Jan 2005
INFORMATION
Notes:Not specified
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Table of Amending Instruments: (click to view Table of Amendments)
Responsible Minister and Department:Not specified

Residential Tenancy Act 1997

An Act to regulate tenancies of residential premises

[Royal Assent 14 January 1998]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title

This Act may be cited as the Residential Tenancy Act 1997.

2. Commencement

This Act commences on a day to be proclaimed.

3. Interpretation

      (1) In this Act –[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004]

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] abandoned means abandoned as referred to in section 47;
agent means a person authorised by an owner to act on behalf of the owner in any matter to which this Act relates;
[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] boarding premises means a room and any other facilities provided with the room where –

(a) the room is occupied as a principal place of residence; and

(b) any of the bathroom, toilet or kitchen facilities are shared with other persons –

but does not include premises located in a building occupied predominately by –

(c) tertiary students; or

(d) students within the meaning of the TAFE Tasmania Act 1997;

commencement day means the day on which this Act commences;
Commissioner means the Residential Tenancy Commissioner appointed under section 7;
condition report means a report referred to in section 26;
Court means the Magistrates Court exercising its civil jurisdiction in the civil division of that Court established under the Magistrates Court (Civil Division) Act 1992;
[Section 3 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002]
[Section 3 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] Director of Consumer Affairs and Fair Trading means the person appointed as such under the Consumer Affairs Act 1988;
dispute means a dispute referred to in section 28;
[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] early vacation means early vacation as referred to in section 46;
essential service means any of the following services:

(a) water, sewerage, electricity or heating supplied to or within the premises, excluding electrical fuses, light globes, tubes or tap washers;

(b) a cooking stove or hot-water service installed within the premises, excluding any electrical fuses or tap washers;

(c) [Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] removal of grey water from premises, including ensuring the effective functioning of any on-site water-treatment facility, but not including pipes, plumbing or other water-disposal or sewage-disposal facilities owned by a council;

[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] grey water means grey water or sullage as defined in Australia New Zealand Standard AS/NZS 1547:2000 On-site domestic wastewater management;
holding agreement means an agreement referred to in section 31(1);
holding fee means a fee referred to in section 31(2);
[Section 3 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003]
nominated repairer means a person nominated by the owner to carry out repairs to essential services;
notice of termination means a notice referred to in section 38;
notice to vacate means a notice referred to in section 42;
[Section 3 Subsection (1) amended by No. 67 of 2003, s. 4, Applied:05 Mar 2004] owner means –

(a) a person who holds legal title to residential premises; and

(b) that person's successors and assigns; and

(c) an agent of that person; and

(d) a mortgagee who made an application under section 85 of the Land Titles Act 1980; and

(e) a mortgagee or encumbrancee who gave or left a notice under section 77 of the Land Titles Act 1980;

payment date means the date on which rent is due under a residential tenancy agreement;
payment period means –

(a) in respect of the first period of a new residential tenancy agreement, the period starting on the day on which occupancy is first granted under that residential tenancy agreement and ending on the day before the payment date; or

(b) in any other case, the period starting on the payment date and ending on the day before the next payment date;

rent means a payment payable under a residential tenancy agreement in respect of a period of tenancy;
[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] residential premises means premises, or part of premises, and land provided with the premises used or intended to be used as a place of residence and includes boarding premises;
residential tenancy agreement means an agreement referred to in Part 3;
security deposit means the payment referred to in section 25(1);
suitable repairer means a person who –

(a) holds a licence if required to do so under any Act to perform repairs to residential premises or essential services; and

(b) ordinarily performs those repairs in the course of a business or as an employee of a business;

tenancy means the right of occupancy of residential premises under a residential tenancy agreement;
[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] tenant means a person who has the right to occupy residential premises under a residential tenancy agreement;
[Section 3 Subsection (1) amended by No. 49 of 2003, s. 4, Applied:25 Aug 2004] tertiary student means a person undertaking a course at an institution as defined by section 4 of the Higher Education Funding Act 1988 of the Commonwealth.

      (2) A power or duty conferred or imposed on an owner under this Act is also a power or duty conferred or imposed on the agent of the owner.

4. Act binds Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

5. Application of Act

      (1) This Act applies to –

(a) any residential tenancy agreement entered into on or after the commencement day; and

(ab) [Section 5 Subsection (1) amended by No. 49 of 2003, s. 5, Applied:25 Aug 2004] any residential tenancy agreement for boarding premises entered into on or after the commencement of the Residential Tenancy Amendment (Boarding Premises) Act 2003; and

(b) any residential tenancy agreement entered into before the commencement day –

(i) with effect from the first payment date that occurs 12 months after that day; or

(ii) [Section 5 Subsection (1) amended by No. 49 of 2003, s. 5, Applied:25 Aug 2004] if the agreement is renewed or extended within that 12 months, with effect from the day on which it is renewed or extended; and

(c) [Section 5 Subsection (1) amended by No. 49 of 2003, s. 5, Applied:25 Aug 2004] any residential tenancy agreement for boarding premises entered into before the commencement of the Residential Tenancy Amendment (Boarding Premises) Act 2003 –

(i) with effect from the first payment date that occurs 12 months after that commencement; or

(ii) if the agreement is renewed or extended within that 12-month period, with effect from the day on which it is renewed or extended.

      (2) This Act applies to part of any residential premises used solely as a place of residence by a person employed as a caretaker, or in a similar capacity, for the premises.

6. Non-application of Act

      (1) This Act does not apply to –

(a) any agreement under a mortgage in respect of residential premises; or

(b) any agreement relating to residential premises under a scheme under which –

(i) a group of adjacent or adjoining premises is owned by a company; and

(ii) the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company; or

(c) [Section 6 Subsection (1) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(d) [Section 6 Subsection (1) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(e) any agreement giving a person a right of occupancy to residential premises not ordinarily used for holiday purposes for the purpose of a holiday for a period not exceeding 3 months.

      (2) This Act does not apply to any of the following:

(a) [Section 6 Subsection (2) amended by No. 49 of 2003, s. 6, Applied:25 Aug 2004] any part of a hotel or motel that is not boarding premises;

(b) any premises ordinarily used for holiday purposes;

(c) [Section 6 Subsection (2) amended by No. 49 of 2003, s. 6, Applied:25 Aug 2004] any boarding premises located in a building containing less than 3 boarding premises where –

(i) the owner occupies the same building as a principal place of residence; or

(ii) the tenant occupies the building as a principal place of residence and sub-lets the boarding premises;

(d) any part of an educational institution, hospital or nursing home;

(e) any part of a club;

(f) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] any premises used to provide residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth;

(g) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] any premises in respect of which a memorandum of lease is registered under the Land Titles Act 1980.

(h) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(i) [Section 6 Subsection (2) amended by No. 67 of 2003, s. 5, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

PART 2 - Residential Tenancy Commissioner

7. Residential Tenancy Commissioner

      (1) The Minister may appoint a person as the Residential Tenancy Commissioner for the period, not exceeding 5 years, specified in the instrument of appointment.

      (2) An appointment under subsection (1) is subject to any terms and conditions the Minister determines.

      (3) The Commissioner may vacate, or be removed from, office in accordance with Schedule 1.

8. General functions and powers of Commissioner

      (1) [Section 8 Subsection (1) amended by No. 49 of 2003, s. 7, Applied:25 Aug 2004] The function of the Commissioner is to determine disputes arising in relation to the disbursement of security deposits and, in the case of boarding premises, act in the mediation or conciliation of any disputes between the parties.

      (2) [Section 8 Subsection (2) amended by No. 49 of 2003, s. 7, Applied:25 Aug 2004] The Commissioner may do anything that is necessary or incidental to carry out his or her functions under this Act and, in particular, his or her powers under section 48I.

9. Delegation by Commissioner

The Commissioner may delegate to any person any of his or her powers or functions, other than this power of delegation.

PART 3 - Residential tenancy agreements

Division 1 - Form of agreements

10. Residential tenancy agreement

      (1) A residential tenancy agreement exists where a right of occupancy of residential premises is granted by the owner of the premises to a person for value –

(a) whether or not the right is a right of exclusive occupation; or

(b) whether the agreement is express or implied; or

(c) whether the agreement is oral or in writing, or partly oral and partly in writing; or

(d) whether or not the agreement is for a fixed period.

      (2) A residential tenancy agreement is for a fixed period if it is for a period of at least 4 weeks.

      (3) The provisions of this Act form part of a residential tenancy agreement.

11. Expiry

      (1) A residential tenancy agreement for a fixed period, unless earlier terminated under Part 4, expires –

(a) on a date specified in the agreement; or

(b) if a date is not specified in the agreement, on a date agreed on by both parties.

      (2) If a residential tenancy agreement for a fixed period expires and it is not extended or renewed under section 12, a new residential tenancy agreement for no fixed period is established.

      (3) A residential tenancy agreement established under subsection (2) is subject to the same terms and conditions that existed before that establishment.

12. Extension and renewal

      (1) A residential tenancy agreement that has expired may only be extended or renewed within 28 days after it has expired.

      (2) A residential tenancy agreement for a fixed period may only be extended or renewed by agreement in writing of the owner and the tenant.

13. Written agreement

      (1) A written residential tenancy agreement is to be –

(a) easily legible; and

(b) clearly expressed; and

(c) if printed, in 10 points or more.

      (2) The owner is to provide the tenant of residential premises to which a residential tenancy agreement relates with a copy of the agreement within 14 days after the agreement takes effect.

14. Information as to rights and obligations

[Section 14 Amended by No. 17 of 1996, Applied:24 Jan 2002] [Section 14 Amended by No. 49 of 2003, s. 8, Applied:25 Aug 2004] An owner of residential premises is to give the tenant of the premises a copy of any information relating to rights and obligations under residential tenancy agreements as the Director of Consumer Affairs and Fair Trading may direct.

15. Inconsistent provisions

A provision of a residential tenancy agreement that is inconsistent with a provision of this Act has no effect.

16. Orders relating to inconsistency

      (1) [Section 16 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] Either party to a residential tenancy agreement may apply to the Court for an order determining whether or not a provision of the agreement is inconsistent with this Act.

      (2) [Section 16 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may –

(a) order that the provision be modified in a specified manner; or

(b) declare that the provision has no effect.

      (3) The fact that a provision of a residential tenancy agreement is declared to have no effect does not affect the right of occupancy conferred generally or specifically by the agreement.

Division 2 - Rent

17. Money other than rent

[Section 17 Substituted by No. 67 of 2003, s. 6, Applied:01 Feb 2004]

      (1) A person must not require or receive from a tenant or prospective tenant any money or other consideration for entering into, renewing, extending or continuing a residential tenancy agreement other than –

(a) rent in advance for the relevant payment period; and

(b) a security deposit; and

(c) a holding fee.

Penalty:

Fine not exceeding 50 penalty units.

      (2) Except as provided otherwise in the regulations made under this Act, a person must not require or receive from another person any money or other consideration for or in relation to any of the following:

(a) making an application to rent residential premises;

(b) providing keys for the inspection of residential premises;

(c) giving permission to examine or inspect residential premises;

(d) supplying details of residential premises available for rental;

(e) placing the name of that other person on any waiting list for vacant residential premises;

(f) any other prescribed activity.

Penalty:

Fine not exceeding 50 penalty units.

      (3) An owner must not require or receive from a tenant during the term of a residential tenancy agreement any money or other consideration other than –

(a) rent in advance for the relevant payment period; and

(b) a water consumption charge if the residential premises are equipped with a device that calculates the amount of water used at those premises; and

(c) reasonable compensation for damage to the residential premises arising from the actions of the tenant or any loss incurred by the owner arising from the actions of the tenant.

      (4) In this section,

water consumption charge means an amount levied on an owner by a council for water consumed by an occupant of residential premises that is calculated as a fee for each unit of water consumed.

18. Rent payable in advance

Rent is payable in advance for a payment period.

19. Payment period

      (1) The payment period must not be varied during the period of the residential tenancy agreement unless the owner and tenant agree.

      (2) [Section 19 Subsection (2) amended by No. 67 of 2003, s. 7, Applied:05 Mar 2004] [Section 19 Subsection (2) substituted by No. 49 of 2003, s. 9, Applied:25 Aug 2004] A payment period must not exceed –

(a) 2 weeks in the case of boarding premises; or

(b) 4 weeks in any other case.

20. Increase in rent

      (1) An owner, by written notice to the tenant, may increase the amount of the rent payable by the tenant in respect of residential premises if –

(a) the written residential tenancy agreement for those premises allows for an increase; or

(b) there is no written residential tenancy agreement for those premises.

      (2) A notice is to specify –

(a) the amount of the rent as increased; and

(b) the day from which the increase in the rent takes effect.

      (3) An increase in the rent may only take effect from a day that is –

(a) more than 60 days after the day on which the notice is given; or

(b) if the residential tenancy agreement commenced less than 60 days before the day on which the notice was given, more than 6 months after that commencement; or

(c) if rent has been previously increased, more than 6 months after the last increase; or

(d) [Section 20 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] if the Court makes an order under section 23(3), more than 6 months after the date of that order.

      (4) A notice operates to vary the residential tenancy agreement to the effect that the increased rent as specified in the notice is payable under the agreement from the day specified in the notice.

21. Receipt for rent paid

On receiving rent in cash or by cheque from a tenant, an owner is to give the tenant a receipt stating –

(a) the date on which it was received; and

(b) the name of the tenant; and

(c) the residential premises in respect of which the rent is paid; and

(d) [Section 21 Amended by No. 49 of 2003, s. 10, Applied:25 Aug 2004] the amount of rent paid; and

(e) [Section 21 Amended by No. 49 of 2003, s. 10, Applied:25 Aug 2004] the period to which the payment relates.

22. Postdated cheques

An owner is not to require a cheque or other negotiable instrument that is postdated in payment for rent.

23. Unreasonable increase

      (1) [Section 23 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A tenant may apply to the Court for an order declaring that an increase in the rent payable under a residential tenancy agreement is unreasonable.

      (2) [Section 23 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] In determining whether an increase in the rent is unreasonable, the Court is to have regard to –

(a) the general level of rents for comparable residential premises in the locality or a similar locality; and

(b) any other relevant matter.

      (3) [Section 23 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If satisfied that the increase in the rent is unreasonable, the Court may order that the increase in the rent be changed to an amount that does not exceed a specified amount.

      (4) An order remains in force until the day on which rent may be increased under section 20.

24. Distress for rent prohibited

[Section 24 Substituted by No. 67 of 2003, s. 8, Applied:05 Mar 2004]

      (1) A person must not levy or make distress for any amount due that is unpaid.

Penalty:

Fine not exceeding 50 penalty units.

      (2) In addition to any penalty imposed on a person for an offence under subsection (1), the person –

(a) is liable to pay any costs incurred by any other person as a result of that offence; and

(b) must return any goods seized to the owner of the goods or, if the goods cannot be returned, pay the owner the value of the goods.

Division 3 - Security deposits and holding fees

25. Security deposits

      (1) [Section 25 Subsection (1) amended by No. 49 of 2003, s. 11, Applied:25 Aug 2004] Except in the case of boarding premises, an owner may require a prospective tenant to pay an amount as security for the performance of obligations under a residential tenancy agreement.

      (2) On receipt of the security deposit from the tenant, the owner must give to the tenant a written notice stating –

(a) the name of the tenant; and

(b) the amount deposited by the tenant as a security deposit; and

(c) the residential premises in respect of which it is paid; and

(d) the date on which the notice is given; and

(e) the name and address of the owner.

Penalty:

Fine not exceeding 10 penalty units.

      (3) An owner must not –

(a) require or receive more than one security deposit in relation to one residential tenancy agreement; or

(b) require an amount as security deposit that exceeds 4 weeks' rent payable under the residential tenancy agreement.

Penalty:

Fine not exceeding 50 penalty units.

26. Condition report

      (1) If an owner requires a prospective tenant to pay an amount as a security deposit in respect of any residential premises, the owner is to give the tenant 2 copies of a report stating the condition of the premises on or before the day on which the tenant occupies the premises.

      (2) A condition report is to –

(a) specify the general state of repair and condition of the premises to which it relates; and

(b) be signed by the owner.

      (3) On receipt of the copies of the condition report the tenant is to –

(a) sign one of the copies of the report endorsed with a statement that the tenant agrees or disagrees with the report as a whole or any part of it; and

(b) return that signed and endorsed copy to the owner within 2 days.

      (4) A condition report that is given under this section is evidence of the state of repair and condition of the residential premises to which it relates.

27. Return of security deposit, &c.

[Section 27 Substituted by No. 67 of 2003, s. 9, Applied:05 Mar 2004]

      (1) On termination of a residential tenancy agreement, the owner is to –

(a) return the security deposit to the tenant within 3 working days of the termination of the residential tenancy agreement together with the prescribed amount of interest (if any such amount is prescribed) less any amount due to the owner arising from the non-performance of the residential tenancy agreement by the tenant; or

(b) give to the tenant a notice stating the reasons why the security deposit has been retained and –

(i) a statement of the loss incurred by the owner; or

(ii) an estimate of the date on which it is expected that the loss will be determined.

      (2) If the tenant is given a notice under subsection (1), the owner is to provide the tenant with a statement to the effect that, if the tenant is dissatisfied with the matters contained in the notice, the tenant may apply to the Commissioner for resolution of the matter, and is to provide the tenant with the address of the Commissioner.

      (3) In this section,

working day means a weekday that is not a statutory holiday, within the meaning of the Statutory Holidays Act 2000, in the area in which the residential premises to which the residential tenancy agreement relates are situated.

28. Disputes

      (1) If the tenant disputes the amount returned by the owner under section 27, the tenant may apply to the Commissioner to determine the dispute.

      (2) An application to determine the dispute is to be –

(a) [Section 28 Subsection (2) amended by No. 67 of 2003, s. 10, Applied:05 Mar 2004] in writing and lodged with the Commissioner within 60 days after the termination of the residential tenancy agreement; and

(b) accompanied by any information to support the dispute; and

(c) accompanied by the prescribed fee.

      (3) The Commissioner, by notice in writing, is to require the owner to lodge with the Commissioner within 7 days of receipt of the notice –

(a) the balance of any security deposit not paid to the tenant; and

(b) a copy of the condition report.

      (4) The owner must comply with the notice.

Penalty:

Fine not exceeding 50 penalty units.

      (5) The owner may lodge with the Commissioner, on payment of a prescribed fee and within 7 days of receipt of the notice, information to support the owner's decision to retain all or part of the security deposit.

29. Determination of dispute

      (1) [Section 29 Subsection (1) amended by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner is to determine a dispute by giving notice to the parties of the Commissioner's decision to disburse the security deposit together with the prescribed amount of interest (if any such amount is prescribed) in the manner specified in the notice.

      (2) The Commissioner is not to make a determination until at least 7 days have elapsed since receipt by the owner of a notice referred to in section 28(3).

      (3) [Section 29 Subsection (3) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner may refuse to determine a dispute if the application is made after the period referred to in section 28(2)(a).

      (4) [Section 29 Subsection (4) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] The Commissioner may refund –

(a) to the owner the fee paid under section 28(5) if of the opinion that the application by the tenant is vexatious; or

(b) to the tenant the fee paid under section 28(2)(c) if of the opinion that any action of the owner in relation to the subject matter of the dispute is vexatious.

      (5) [Section 29 Subsection (5) inserted by No. 67 of 2003, s. 11, Applied:05 Mar 2004] If after the expiration of 7 days from the date on which the determination is made no appeal has been lodged under section 30(1), the Commissioner is to disburse the security deposit together with the prescribed amount of interest (if any such amount is prescribed) in the manner specified in the notice referred to in subsection (1).

30. Appeal against determination

      (1) [Section 30 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A person may appeal to the Court against the determination of the Commissioner under section 29.

      (2) An appeal is to be instituted within 7 days after the determination is made.

      (3) [Section 30 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court is to hold a new hearing in deciding the appeal.

      (4) [Section 30 Subsection (4) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] In deciding the appeal, the Court may –

(a) confirm the determination of the Commissioner; or

(b) vary or quash the determination and order the security deposit to be disbursed in accordance with the order.

31. Holding agreement and fees

      (1) The owner of residential premises that are unoccupied and a prospective tenant may enter into an agreement to hold the premises for the future occupancy of the prospective tenant for a specified period exceeding 7 days.

      (2) The holding agreement may impose a fee payable by the prospective tenant as a condition of the holding agreement.

Division 4 - Repairs

32. General repairs and maintenance

      (1) The owner of residential premises is to maintain the premises as nearly as possible in the condition, apart from reasonable wear and tear, that existed on the day on which the residential tenancy agreement was entered into.

      (2) The tenant is to notify the owner of any repairs needed in respect of the premises within 7 days of the need arising.

      (3) [Section 32 Subsection (3) substituted by No. 49 of 2003, s. 12, Applied:25 Aug 2004] The owner is to carry out any repairs specified in the notice that do not arise from any fault of the tenant –

(a) in the case of boarding premises, within 7 days; or

(b) in any other case, within 28 days –

after receipt of the notice.

      (4) [Section 32 Subsection (4) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 32 Subsection (4) omitted by No. 67 of 2003, s. 12, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

33. Urgent repairs

      (1) [Section 33 Subsection (1) substituted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] If an essential service ceases to function –

(a) the tenant is to notify the owner as soon as practicable of the need for urgent repair; and

(b) the owner is to carry out the necessary repairs, or otherwise cause the essential service to be restored, as soon as practicable after that notification.

      (2) If the owner is unable to be contacted or fails to arrange for the carrying out of any urgent repair that does not arise from any fault of the tenant within 24 hours after being notified, the tenant may authorise one of the following to carry out the repair:

(a) a nominated repairer; or

(b) if there is not a nominated repairer, a suitable repairer.

      (3) Any repairs under subsection (2) are to be carried out only to the extent that the essential service becomes functional.

      (4) The costs of any repairs carried out under subsection (2) are to be paid by –

(a) the owner, if carried out by a nominated repairer; or

(b) the tenant, if carried out by a suitable repairer.

      (4A) [Section 33 Subsection (4A) inserted by No. 67 of 2003, s. 13, Applied:05 Mar 2004] If the owner arranges for the carrying out of any urgent repair within 24 hours after being notified, the owner is to ensure that the repair is carried out as soon as practicable.

      (5) [Section 33 Subsection (5) inserted by No. 49 of 2003, s. 13, Applied:25 Aug 2004] Subsections (2), (3) and (4) do not apply to boarding premises.

34. Emergency repairs

      (1) [Section 34 Subsection (1) substituted by No. 49 of 2003, s. 14, Applied:25 Aug 2004] If damage occurs to residential premises –

(a) the tenant is to notify the owner as soon as practicable of the need to repair the damage; and

(b) the owner is to discharge his or her obligations under section 32(1) as soon as practicable.

      (2) If the owner is unable to be contacted or fails to arrange for the carrying out of any repairs and the damage is likely to result in further damage to, or deterioration of, the premises, the tenant may authorise one of the following to repair the damage:

(a) a nominated repairer;

(b) if there is not a nominated repairer, a suitable repairer.

      (3) Any repairs under subsection (2) are to be carried out only to the extent that is required to prevent further damage or deterioration of the premises.

      (4) The costs of repairs carried out under subsection (2) are to be paid by –

(a) the owner, if carried out by a nominated repairer; or

(b) the tenant, if carried out by a suitable repairer.

      (4A) [Section 34 Subsection (4A) inserted by No. 67 of 2003, s. 14, Applied:05 Mar 2004] If the owner arranges for the carrying out of any emergency repair after being notified of the need for repair, the owner is to ensure that the repair is carried out as soon as practicable.

      (5) [Section 34 Subsection (5) inserted by No. 49 of 2003, s. 14, Applied:25 Aug 2004] Subsections (2), (3) and (4) do not apply to boarding premises.

35. Reimbursement of cost of repairs

      (1) If a suitable repairer carried out repairs under section 33 or 34, the tenant is to give the owner the following documents:

(a) a statement from the repairer as to the apparent cause of the need for repair;

(b) a copy of the statement of account;

(c) a receipt of payment of the account.

      (2) The owner is to reimburse the tenant with the amount of the payment made by the tenant within 14 days after receiving the documents unless the owner makes an application under section 36.

      (3) [Section 35 Subsection (3) inserted by No. 49 of 2003, s. 15, Applied:25 Aug 2004] This section does not apply to boarding premises.

36. Disputing liability to reimburse

      (1) [Section 36 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the owner disputes the liability to reimburse the tenant for repairs carried out under section 33 or 34 the owner may apply to the Court to determine the liability.

      (2) An application is to be made within 14 days after receiving the documents under section 35.

      (3) The only grounds on which liability may be disputed are as follows:

(a) that the owner was not notified of the need for repair;

(b) that the need for repair arose as a result of –

(i) the fault of the tenant; or

(ii) a non-compliance of a provision of the residential tenancy agreement;

(c) that the tenant gave an authorisation to carry out repairs within the 24 hour period referred to in section 33(2) and the repairs were carried out in that period.

      (4) [Section 36 Subsection (4) substituted by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that the owner –

(a) reimburse the tenant for the full amount or part of the amount as the Court considers appropriate; or

(b) is not liable to reimburse the tenant for any of the amount.

      (5) [Section 36 Subsection (5) inserted by No. 49 of 2003, s. 16, Applied:25 Aug 2004] This section does not apply to boarding premises.

36A. Order for repairs

[Section 36A Inserted by No. 67 of 2003, s. 15, Applied:05 Mar 2004] A tenant may apply to the Court for an order that the owner carry out any reasonable repairs under this Division that do not arise from any fault of the tenant.

PART 4 - Termination of agreements

Division 1 - Termination

37. Termination of agreement

      (1) A residential tenancy agreement in respect of residential premises is terminated only by –

(a) the delivery of vacant possession of the premises by the tenant to the owner as a result of their agreement to terminate the agreement; or

(b) the delivery of vacant possession of the premises by the tenant to the owner following a notice to vacate by the owner; or

(c) the delivery of vacant possession of the premises by the tenant to the owner following a notice to terminate by the tenant; or

(d) [Section 37 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] the delivery of vacant possession of the premises by order of the Court to the owner; or

(e) [Section 37 Subsection (1) amended by No. 67 of 2003, s. 16, Applied:05 Mar 2004] the recovery of vacant possession of the premises by the owner following abandonment or early vacation of the premises.

      (2) An owner must not regain, or attempt to regain, possession of the premises by any means other than those specified in subsection (1).

Penalty:

Fine not exceeding 50 penalty units.

38. Notice of termination by tenant

      (1) A tenant of residential premises may serve on the owner of the premises a notice to terminate a residential tenancy agreement and deliver vacant possession of the premises to the owner on any of the following grounds:

(a) the owner has failed to carry out any repairs that do not arise from the fault of the tenant within 28 days after receiving notification under section 32(2);

(b) the owner has failed to comply with any provision of the residential tenancy agreement;

(c) if the residential tenancy agreement is not for a fixed period, the tenant wishes to terminate it.

      (2) Any payment of rent after a notice of termination takes effect does not constitute the existence of a new residential tenancy agreement.

      (3) Any payment of arrears of rent after a notice of termination takes effect does not revoke the notice unless the payment was made and accepted on that basis.

39. Effect of notice of termination

      (1) [Section 39 Subsection (1) substituted by No. 49 of 2003, s. 17, Applied:25 Aug 2004] A notice of termination takes effect on a date specified in the notice that is a date –

(a) in the case of boarding premises, at least 2 days after the notice is served; or

(b) in any other case, at least 14 days after the notice is served.

      (2) [Section 39 Subsection (2) amended by No. 67 of 2003, s. 17, Applied:05 Mar 2004] A notice of termination on the ground that the owner has failed to comply with a provision of the residential tenancy agreement, other than a provision relating to repairs, is of no effect if the owner complies with that provision before the period of 14 days referred to in subsection (1) expires.

40. Form of notice of termination

[Section 40 Substituted by No. 49 of 2003, s. 18, Applied:25 Aug 2004]

      (1) In the case of premises other than boarding premises, a notice of termination is to state the following:

(a) the date of service of the notice;

(b) the name of the tenant;

(c) the name of the owner;

(d) the residential premises to which the notice applies;

(e) the details of the ground on which the notice is served;

(f) the date on which the notice takes effect.

      (2) In the case of boarding premises, a notice of termination is to state –

(a) that the tenant intends to vacate the premises; and

(b) the date on which the tenant intends to vacate, which is to be at least 2 days after the date of the notice.

41. Order of termination

      (1) [Section 41 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A party to a residential tenancy agreement may apply to the Court for an order that the agreement be terminated on any of the following grounds:

(a) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has intentionally or recklessly caused or permitted, or is likely to intentionally or recklessly cause or permit, serious damage to –

(i) the residential premises or contents of those premises; or

(ii) any neighbouring premises;

(b) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has caused physical injury, or is likely to cause physical injury, to that party or a person occupying neighbouring premises.

      (2) [Section 41 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the Court is satisfied as to any of the grounds referred to in subsection (1), the Court may order –

(a) that the residential tenancy agreement is terminated on a specified date without notice; and

(b) that vacant possession of the residential premises is to be delivered to the owner on that day.

Division 2 - Notice to vacate

42. Notice to vacate by owner

      (1) An owner of residential premises may serve on a tenant of the premises a notice requiring the tenant to deliver vacant possession of the premises to the owner for any of the following reasons:

(a) that the tenant has failed to comply with any provision of the residential tenancy agreement;

(b) that a residential tenancy agreement expired less than 28 days before the service of the notice;

(c) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the residential tenancy agreement is not for a fixed period and the premises are to be sold, renovated or used for another purpose;

(d) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that a residential tenancy agreement is due to expire at least 28 days after service of the notice;

(e) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that an order has been made under section 86 of the Land Titles Act 1980 for foreclosure of the premises;

(f) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the premises are to be sold pursuant to section 78 of the Land Titles Act 1980;

(g) [Section 42 Subsection (1) amended by No. 67 of 2003, s. 19, Applied:05 Mar 2004] that the tenant has caused nuisance at the premises that is substantial.

      (2) A notice to vacate is not required if –

(a) the tenant has abandoned the residential premises; or

(b) an application under section 41 is made for an order of termination.

      (3) Any payment of rent after a notice to vacate takes effect does not constitute the existence of a new residential tenancy agreement.

43. Effect of notice to vacate

      (1) A notice to vacate takes effect on a date specified in the notice that is a date –

(a) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 14 days after the notice is served, if the notice is for the reason referred to in section 42(1)(a), (b) or (g); or

(b) [Section 43 Subsection (1) amended by No. 67 of 2003, s. 20, Applied:05 Mar 2004] at least 28 days after the notice is served, if the notice is for the reason referred to in section 42(1)(c), (d), (e) or (f).

      (2) A notice to vacate on the ground of failure to pay rent is of no effect if a tenant pays all arrears in rent before that notice takes effect unless 2 or more notices to vacate on that ground have been served on the tenant during the immediately preceding 12 months.

      (3) A notice to vacate on the ground that the tenant has failed to comply with a provision of the residential tenancy agreement is of no effect if the tenant complies with that provision before the period referred to in subsection (1)(a) expires.

      (4) [Section 43 Subsection (4) inserted by No. 67 of 2003, s. 20, Applied:05 Mar 2004] A notice to vacate expires after the period of 28 days from the day on which it took effect.

44. Form of notice to vacate

A notice to vacate is to state the following:

(a) the date of serving the notice;

(b) the name of the tenant;

(c) the name of the owner;

(d) the residential premises to which the notice relates;

(e) details of the reason for which the notice is served;

(f) the date on which the notice takes effect.

45. Order for vacant possession

      (1) [Section 45 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner may apply to the Court for delivery of vacant possession of residential premises by the tenant if a notice to vacate in respect of the premises has taken effect and vacant possession has not been delivered to the owner.

      (2) [Section 45 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner is to serve on the tenant a copy of an application under subsection (1) a reasonable time before the application is heard.

      (3) [Section 45 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that vacant possession be delivered to the owner if satisfied that –

(a) a notice to vacate the premises was properly given; and

(b) the reason for serving the notice to vacate was genuine or just; and

(c) vacant possession was not delivered to the owner; and

(d) the tenant was served with a copy of the application.

      (4) An order under subsection (3) is to specify the date on which it takes effect.

      (5) A notice to vacate is properly given if –

(a) the notice states the information required under section 44; and

(b) the tenant was served with the notice; and

(c) [Section 45 Subsection (5) amended by No. 67 of 2003, s. 21, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

Division 3 - Abandonment of premises and goods

46. Early vacation

[Section 46 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 46 Substituted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Early vacation of residential premises occurs if –

(a) the tenant has ceased to occupy those premises; and

(b) a notice of termination has not been served in respect of those premises; and

(c) a notice to vacate has not been served in respect of those premises; and

(d) the tenant notified the owner of the intention to vacate the premises.

47. Abandonment

[Section 47 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] [Section 47 Substituted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Residential premises are abandoned if –

(a) the tenant has ceased to occupy those premises; and

(b) a notice of termination has not been served in respect of those premises; and

(c) a notice to vacate has not been served in respect of those premises.

47A. Order declaring abandonment

[Section 47A Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004]

      (1) An owner of residential premises may apply to the Court for an order declaring that the premises are abandoned.

      (2) If satisfied that the residential premises are abandoned, the Court may make an order to that effect.

      (3) Vacant possession of the residential premises is delivered to the owner as at the date of the order.

47B. Loss following abandonment or early vacation

[Section 47B Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004] Following abandonment or early vacation of residential premises, a tenant is liable to the owner for –

(a) rent payable under the residential tenancy agreement from the date of the abandonment or early vacation of the premises until –

(i) the date on which another residential tenancy agreement is entered into; or

(ii) the date at which the residential tenancy agreement for those premises could have been terminated under this Act, if another residential tenancy agreement is not entered into before that date; and

(b) any other loss arising from the abandonment or early vacation.

47C. Joint tenant ceases occupancy

[Section 47C Inserted by No. 67 of 2003, s. 22, Applied:05 Mar 2004]

      (1) If a joint tenant ceases to occupy residential premises, the joint tenant is not liable for any loss caused by an act or omission of any other tenant remaining in occupancy of those premises if that act or omission occurred after the joint tenant ceased to occupy those premises.

      (2) For the purposes of subsection (1), the onus of proving when the act or omission causing the loss occurred is on the joint tenant who ceased to occupy the premises.

48. Disposal or sale of abandoned goods

      (1) If a residential tenancy agreement is terminated and goods on the premises to which the agreement relates appear to be abandoned by the tenant, the owner may –

(a) dispose of the goods if they appear to the owner to have no value; or

(b) sell the goods if they appear to have a value less than the prescribed amount; or

(c) [Section 48 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] apply to the Court for an order permitting the sale of the goods for the best price reasonably obtainable if they appear to have a value equal to or more than the prescribed amount.

      (2) The owner is to verify by a statutory declaration the means of disposal of any goods under subsection (1)(a).

      (3) The proceeds of the sale of goods are to be dealt with as follows:

(a) firstly, in the payment of any debt owed by the tenant to the owner;

(b) secondly, in the payment of the reasonable costs of the sale;

(c) thirdly, any balance to be kept in an interest bearing account for the tenant for a period of 6 months.

      (4) If the tenant does not claim any proceeds of the sale of goods kept under subsection (3)(c) within 6 months, the proceeds become the property of the Commissioner.

PART 4A - Boarding Premises

48A. Application of Part 4A

[Section 48A Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004] This Part applies only to boarding premises.

48B. Cost of meals and other services

[Section 48B Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) A residential tenancy agreement in respect of boarding premises is to specify, separately from the rent, the cost of meals and any other services provided in association with accommodation.

      (2) A receipt given by the owner for a payment of rent is to specify separately any amounts paid for meals or any other services provided in association with the accommodation.

48C. Access to toilet and ablution facilities

[Section 48C Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) A tenant at boarding premises is entitled to –

(a) access at all times to a toilet and hand-washing facilities; and

(b) reasonable use of either a bathroom or a shower at least once each day.

      (2) Access to a toilet, bathroom or shower under this section is to be private.

48D. Shared rooms

[Section 48D Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004] An owner must not permit boarding premises to be occupied by more than one tenant unless they are joint tenants under the residential tenancy agreement or one of them is a carer for the other person.

48E. Meal times

[Section 48E Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004] If meals are provided in connection with the provision of accommodation, the meals are to be provided within the following periods:

(a) in the case of breakfast, from 6 a.m. to 9 a.m.;

(b) in the case of lunch, from 12 midday to 2 p.m.;

(c) in the case of dinner, from 5 p.m. to 8 p.m.

48F. Maintenance of shared facilities

[Section 48F Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004] An owner of boarding premises is responsible for the maintenance in proper working condition of any bathrooms, toilets and other facilities which are shared by tenants.

48G. Statement of key terms

[Section 48G Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) Before entering into a residential tenancy agreement, whether in writing or not, the owner must provide the tenant with a written statement as to the principal terms of the agreement.

      (2) The statement is to be signed by both the owner and the tenant on entering into the agreement.

      (3) The statement –

(a) is to be accompanied by a copy of any house rules, as mentioned in section 48H, that apply to the tenant; or

(b) is to specify a place within the premises where the tenant may inspect the house rules at any time.

      (4) The owner must keep a copy of the statement for at least 6 months after the termination of the agreement.

      (5) For the purposes of this section, the principal terms of a residential tenancy agreement include –

(a) the names of the owner and the tenant; and

(b) the location of the boarding premises; and

(c) any facilities provided for the use of the tenant; and

(d) the date on which the agreement is made; and

(e) if the agreement is for a fixed term, the date of expiry of the agreement; and

(f) the amount of rent and the period for which it is to be paid; and

(g) a statement of any services to be provided in connection with the agreement and the cost, times and frequency of each of those services.

48H. Content of house rules

[Section 48H Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) If a residential tenancy agreement requires the tenant to observe any house rules, the rules are to apply equally to all tenants and are to state –

(a) if meals are to be provided, the times when they are available; and

(b) where facilities are provided for shared use, any restrictions or costs associated with access to, or use of, those facilities; and

(c) any rules relating to access to bathroom and shower facilities; and

(d) any restrictions on access by visitors; and

(e) any restrictions on the use of parking facilities or the storage of goods; and

(f) where services are provided in connection with accommodation, the times when the services are available; and

(g) if smoking is restricted, the places where smoking is permitted; and

(h) any restrictions on the consumption of alcohol; and

(i) a method of changing the house rules; and

(j) a method of taking into account the views of tenants in the development of house rules.

      (2) If a house rule is inconsistent with a provision of this Act, the house rule is invalid to the extent of the inconsistency.

      (3) The house rules are to be displayed in a prominent place to which all tenants have access or are to be available on demand to any tenant.

48I. Power of Commissioner to make orders

[Section 48I Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) The Commissioner may make an order requiring that, in the case of boarding premises, a party to a residential tenancy agreement is to comply with a provision of this Act or of the agreement and may also make any other order provided for under this Act, except an order under section 41 or 45.

      (2) An order made under subsection (1) may be enforced in the same manner as an order made by a magistrate under the Magistrates Court (Civil Division) Act 1992.

48J. Appeal from orders of Commissioner

[Section 48J Inserted by No. 49 of 2003, s. 19, Applied:25 Aug 2004]

      (1) A person who is aggrieved by an order made by the Commissioner made under section 48I may appeal to the Court within 7 days after receiving notice of that order.

      (2) The appeal is to be by way of rehearing and the Court may –

(a) confirm the order of the Commissioner and direct that the order is to take effect from a specified date; or

(b) set aside the order of the Commissioner; or

(c) set aside the order of the Commissioner and substitute another order that the Commissioner could have made.

      (3) The appeal is to be heard as a minor civil claim under the Magistrates Court (Civil Division) Act 1992 and, subject to this section, is to be instituted, heard and determined as prescribed.

PART 5 - Miscellaneous

49. Subletting

      (1) The tenant is not to sublet residential premises without the consent of the owner of the premises.

      (2) If a tenant sublets residential premises –

(a) the residential tenancy agreement relating to the premises continues in force as if the tenant had not sublet the premises; and

(b) the tenant is liable for any act done or omitted to be done by the sublessee in relation to that agreement.

50. Consent

An owner is not to –

(a) unreasonably refuse to give consent under section 49; or

(b) [Section 50 Amended by No. 17 of 1996, Applied:24 Jan 2002] charge for giving consent under that section, other than for expenses reasonably incurred in relation to giving that consent.

51. Impediment to occupancy

There is an implied warranty in a residential tenancy agreement on the part of the owner of the premises to which the agreement relates that at the time of entering the agreement there was no legal impediment of which the owner knew or ought to have known in respect of the occupation of the premises for the period of the tenancy.

52. Use of premises

A tenant is not to –

(a) use, or cause to be used, the residential premises for –

(i) any unlawful purpose; or

(ii) any purpose other than residential purposes; or

(b) cause or permit a nuisance to be made on or from the premises.

53. Responsibility of tenant for cleanliness and damage

A tenant of residential premises –

(a) is to keep the premises in a reasonable state of cleanliness having regard to the condition of the premises at the beginning of the tenancy; and

(b) at the end of the tenancy, is to leave the premises as nearly as possible in the same condition, apart from reasonable wear and tear –

(i) as set out in the condition report; or

(ii) if there is no condition report, as the premises were at the start of the tenancy.

54. Alterations, additions and fixtures

      (1) Unless a residential tenancy agreement provides otherwise, a tenant, without the written consent of the owner of the premises to which the agreement relates, is not to –

(a) affix any fixture to the premises; or

(b) make any alteration or addition to the premises.

      (2) A tenant may remove any fixture that the tenant has affixed to the premises unless the removal is likely to cause damage to the premises.

      (3) If the tenant causes any damage to the premises by removing any fixture, the tenant is to –

(a) notify the owner as soon as practicable; and

(b) at the owner's option –

(i) repair the damage; or

(ii) compensate the owner for any reasonable expenses incurred by the owner in repairing the damage.

55. Quiet enjoyment

      (1) A tenant has the right of quiet enjoyment of residential premises without interference by the owner of the premises.

      (2) An owner of residential premises must not interfere with the reasonable peace, comfort and privacy of the tenant in using those premises.

Penalty:

Fine not exceeding 50 penalty units.

56. Right of entry

      (1) [Section 56 Subsection (1) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] Subject to this section, an owner of residential premises must not enter the premises or permit any other person to enter the premises without the tenant's permission.

Penalty:

Fine not exceeding 50 penalty units.

      (2) An owner of residential premises may enter the premises at any time without the tenant's permission for any of the following reasons:

(a) it is reasonably believed that –

(i) the tenant is ill or injured and is unable to give permission; or

(ii) a denial of immediate access is likely to result in damage to all or part of the premises; or

(iii) there is a risk to the tenant or another person present on the premises; or

(iv) damage has occurred to the premises;

(b) it is reasonably believed that the premises have been abandoned.

      (3) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises by giving at least 24 hours' notice to the tenant if entry is for one of the following reasons:

(a) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(b) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

(c) to meet commitments under the residential tenancy agreement;

(d) if it is reasonably suspected that the tenant has failed to comply with any provision of the residential tenancy agreement;

(e) to ensure that repairs have been properly carried out;

(ea) [Section 56 Subsection (3) amended by No. 67 of 2003, s. 23, Applied:05 Mar 2004] except in the case of boarding premises, to carry out an inspection within one month of the commencement of the residential tenancy agreement;

(f) [Section 56 Subsection (3) amended by No. 49 of 2003, s. 20, Applied:25 Aug 2004] to carry out routine inspections –

(i) once a month, in the case of boarding premises; or

(ii) once every 3 months, in any other case.

      (4) [Section 56 Subsection (4) substituted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises without the approval of the tenant to show the premises to one prospective tenant only and any persons accompanying the prospective tenant –

(a) if a notice to terminate or notice to vacate has been given –

(i) on not more than one occasion on any day; and

(ii) on not more than 5 days in any week; and

(iii) on the giving of not less than 48 hours' notice in writing to the tenant; and

(iv) between the hours of 8 a.m. and 6 p.m.; or

(b) if a notice to terminate or notice to vacate has not been given, within 28 days of the expiry of the residential tenancy agreement –

(i) on not more than one occasion on any day; and

(ii) on not more than 5 days in any week; and

(iii) on the giving of not less than 48 hours' notice in writing to the tenant; and

(iv) between the hours of 8 a.m. and 6 p.m.

      (4A) [Section 56 Subsection (4A) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner who wishes to let residential premises may, with the prior written approval of the tenant of the premises, by notice to the public, invite prospective tenants to inspect the premises in the presence of the owner within the period specified in the approval.

      (4B) [Section 56 Subsection (4B) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner of residential premises may enter the premises without the approval of the tenant to show the premises to one prospective purchaser only and any persons accompanying the prospective purchaser –

(a) on not more than one occasion on any day; and

(b) on not more than 5 days in any week; and

(c) on the giving of not less than 48 hours' notice in writing to the tenant; and

(d) between the hours of 8 a.m. and 6 p.m.

      (4C) [Section 56 Subsection (4C) inserted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] An owner who wishes to sell residential premises may, with the prior written approval of the tenant of the premises, by notice to the public, invite prospective purchasers to inspect the premises in the presence of the owner within the period specified in the approval.

      (5) [Section 56 Subsection (5) substituted by No. 67 of 2003, s. 23, Applied:05 Mar 2004] After giving notice under subsection (3), the owner may enter the premises –

(a) during any period agreed to by the owner and the tenant of the premises; or

(b) if there is no agreement, between 8 a.m. and 6 p.m. as specified by the owner.

57. Locks and security devices

      (1) The owner of residential premises is to ensure that during a residential tenancy agreement –

(a) the premises are fitted with locks and any other security devices that are necessary to secure the premises; and

(b) those locks and security devices are maintained during the period of the residential tenancy agreement.

      (1A) [Section 57 Subsection (1A) inserted by No. 49 of 2003, s. 21, Applied:25 Aug 2004] In the case of boarding premises, each room is to be fitted with a lock and any other device that is necessary to secure the boarding premises.

      (1B) [Section 57 Subsection (1B) inserted by No. 67 of 2003, s. 24, Applied:05 Mar 2004] A tenant of residential premises may apply to the Court for an order requiring the owner of the premises to comply with subsection (1).

      (2) Any party to a residential tenancy agreement must not add, alter or remove any lock or other security device without –

(a) the permission of the other party; or

(b) an order under subsection (4).

      (3) [Section 57 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A party to a residential tenancy agreement may apply to the Court for an order authorising that party to alter, add or remove any lock or other security device.

      (4) [Section 57 Subsection (4) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may make the order if satisfied that it is reasonable to do so in the circumstances.

      (5) If a party to a residential tenancy agreement alters or adds any lock or other security device, that party is to provide the other party with a copy of the key, opening device or information required to open the lock or security device.

58. Compliance with orders

A person must comply with any order made under this Act.

Penalty:

Fine not exceeding 50 penalty units.

59. Liability for action of others

      (1) The tenant of residential premises is liable under this Act for any act or omission in relation to the premises by a person who is lawfully on the premises as if it had been an act or omission by the tenant.

      (2) Subsection (1) does not apply to an act or omission by a person who has a right to enter the premises without the tenant's consent.

60. Cost of preparing agreements

The owner of residential premises is liable for the payment of any costs incurred in the preparation of the residential tenancy agreement relating to those premises.

61. Record of rent

      (1) The owner of residential premises is to keep a record of all the rent received in respect of the premises during the period while a residential tenancy agreement is in force.

      (2) The record is to be kept by the owner for a period of 5 years after the residential tenancy agreement is terminated.

62. Notification of name and address

      (1) At the time of entering a residential tenancy agreement, the owner is to notify the tenant in writing of –

(a) [Section 62 Subsection (1) amended by No. 49 of 2003, s. 22, Applied:25 Aug 2004] the full name and residential or business address of the owner or any agent of the owner; and

(b) [Section 62 Subsection (1) amended by No. 49 of 2003, s. 22, Applied:25 Aug 2004] in the case of boarding premises, a telephone number or other means of contacting the owner at any time.

      (2) If the owner or agent is a corporation, the owner is to notify the tenant in writing of –

(a) the name of a responsible officer of the corporation; and

(b) the address of the registered office of the corporation.

      (3) The owner is to notify the tenant of any change in any name or address required under subsection (1).

      (4) If a person succeeds another person as the owner of residential premises to which a residential tenancy agreement relates, the new owner is to notify the tenant of the premises of any change in the information referred to in subsection (1) or (2).

63. Agent of tenant

      (1) A tenant may appoint a person to act as an agent for the purposes of receiving any notice or other document on behalf of the tenant.

      (2) An appointment may be –

(a) provided for in the residential tenancy agreement or made by the tenant at any other time; and

(b) revoked by the tenant at any time.

      (3) The appointment of an agent or the revocation of the appointment has no effect until the tenant notifies the owner.

      (4) If a tenant has appointed an agent, the owner is to give any notice or any other document required under this Act to the agent.

      (5) Any notice or other document given to an agent of the tenant is taken to have been given to the tenant.

64. Certain provisions void

      (1) A provision of a residential tenancy agreement that purports to modify any provision of this Act has no effect.

      (2) A provision of any agreement, contract or other instrument that provides for the tenant to indemnify the owner for any loss or liability arising under this Act has no effect.

      (3) [Section 64 Subsection (3) inserted by No. 67 of 2003, s. 25, Applied:05 Mar 2004] A provision of a residential tenancy agreement that imposes on a tenant a penalty or fine or a charge that exceeds the cost incurred by the owner of the residential premises has no effect.

64A. Mitigation of loss

[Section 64A Inserted by No. 67 of 2003, s. 26, Applied:05 Mar 2004] The owner of residential premises –

(a) is to take all reasonable measures to mitigate any loss or damage to the premises; and

(b) is to take all reasonable measures to enter into a residential tenancy agreement in respect of the premises with another tenant as soon as possible after the early vacation of those premises or after those premises have been abandoned; and

(c) is not entitled to be paid for any loss or damage that occurs because of the failure to take those measures.

64B. Keeping of pets

[Section 64B Inserted by No. 67 of 2003, s. 26, Applied:05 Mar 2004]

      (1) A tenant is not to keep a pet on residential premises –

(a) without permission of the owner of the premises; or

(b) unless permitted to do so under the residential tenancy agreement.

      (2) This section does not apply to a guide dog as defined by the Guide Dogs and Hearing Dogs Act 1967.

64C. Strata title property by-laws

[Section 64C Inserted by No. 67 of 2003, s. 26, Applied:05 Mar 2004] The owner of residential premises that are a strata title lot is to give to a prospective tenant before entering into a residential tenancy agreement a copy of the by-laws made by the body corporate of the strata title property.

65. Regulations

      (1) The Governor may make regulations for the purpose of this Act.

      (1A) [Section 65 Subsection (1A) inserted by No. 67 of 2003, s. 27, Applied:05 Mar 2004] The regulations may provide that a prescribed provision of the Act does not apply to the following:

(a) any prescribed residential tenancy agreement or any prescribed provision of a prescribed residential tenancy agreement;

(b) any residential tenancy agreement of a prescribed class or any provision of a residential tenancy agreement of a prescribed class;

(c) any prescribed premises or part of prescribed premises;

(d) any premises or part of premises of a prescribed class.

      (2) Regulations may be made so as to apply differently according to any matter, condition, limitation, restriction, exception or circumstance specified in the regulations.

      (3) The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 50 penalty units and, in the case of a continuing offence, a further fine not exceeding 10 penalty units for each day during which the offence continues.

      (4) The regulations may authorise any matter to be determined, applied or regulated by any person or body.

      (5) The regulations may confer a power and impose a duty on a specified person or a specified class of persons.

      (6) The regulations may impose fees and charges in relation to the determination of disputes.

      (7) The regulations may adopt or incorporate the whole or any part of any document, standard, rule, code, specification or method, with or without modification, issued, prescribed or published by any person or body before or after the regulations take effect.

66. Regulations of savings and transitional nature

      (1) The Governor may make regulations of a savings or transitional nature consequent on the enactment of this Act.

      (2) Regulations under subsection (1) may take effect from the commencement day or a later day.

67. Transitional provisions

Schedule 2 has effect with respect to savings and transitional matters.

68. 

See Schedule 3.

69. Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Minister for Justice; and

(b) the Department responsible to the Minister for Justice in relation to the administration of this Act is the Department of Justice.

SCHEDULE 1 - Vacation of, and removal from, office of Commissioner

Section 7(3)

1. Vacation of office

The Commissioner vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under clause 2.

2. Removal from office

      (1) The Minister may remove the Commissioner from office if the Commissioner –

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of any remuneration or estate for their benefit; or

(b) has been convicted in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which if committed in Tasmania would be punishable by imprisonment for 12 months or longer; or

(c) is convicted of an offence against this Act.

      (2) The Minister may remove the Commissioner from office if satisfied that the Commissioner –

(a) is unable to perform adequately or competently the duties of office; or

(b) has neglected to perform those duties; or

(c) has been guilty of misconduct of such a nature that makes the Commissioner unsuitable to hold that office.

SCHEDULE 2 - Savings and transitional provisions

Section 67

1. Interpretation

In this Schedule

earlier Act means the Landlord and Tenant Act 1935.

2. Proceedings

Any proceedings related to residential premises instituted under the earlier Act and not determined before the commencement day may, on or after that day, be determined under the earlier Act.

3. Warrant

A warrant relating to residential premises under the earlier Act that is in force immediately before the commencement day and not executed before that day may be executed as if this Act had not commenced.

SCHEDULE 3

The amendments effected by Section 68 and this Schedule have been incorporated into authorised versions of the following Acts:

(a) Auctioneers and Real Estate Agents Act 1991;

(b) Consumer Affairs Act 1988;

(c) Landlord and Tenant Act 1935;

(d) Magistrates Court (Civil Division) Act 1992;

(e) Magistrates Court (Small Claims Division) Act 1989;

(f) Residential Tenancy Act 1997.

Table Of Amendments
ActNumber and yearDate of commencement
Residential Tenancy Act 1997No. 82 of 1997 1.7.1998
Legislation Publication Act 1996No. 17 of 1996 24.1.2002
Commencement generated under Legislation Publication Act.
Magistrates Court (Minor Civil Claims) Act 2003No. 53 of 2003 25.9.2003 (remaining provisions)
Residential Tenancy Amendment Act 2003No. 67 of 2003 1.2.2004
5.3.2004
Residential Tenancy Amendment (Boarding Premises) Act 2003No. 49 of 2003 25.8.2004
Family Violence Act 2004No. 67 of 2004 30.3.2005
Justice and Related Legislation (Miscellaneous Amendments) Act 2005No. 6 of 2005 6.5.2005
Retirement Villages Act 2004No. 50 of 2004 1.7.2005
Education and Training (Further Consequential Amendments) Act 2008No. 45 of 2008 1.1.2009
Justice and Related Legislation (Further Miscellaneous Amendments) Act 2009No. 76 of 2009 1.7.2009
Residential Tenancy Amendment Act 2005No. 59 of 2005 1.7.2009
Residential Tenancy Amendment Act 2010No. 33 of 2010 3.12.2010
Residential Tenancy Amendment Act 2011No. 35 of 2011 1.1.2012
Residential Tenancy Amendment (Smoke Alarms) Act 2012No. 28 of 2012 1.5.2013
Training and Workforce Development (Repeals and Consequential Amendments) Act 2013No. 11 of 2013 1.7.2013
Residential Tenancy Amendment Act 2013No. 45 of 2013 1.10.2014
not commenced


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