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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  24 May 2013
Consolidated as at:  11 Jan 2005

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.

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