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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  23 Oct 2014
Consolidated as at:  11 Jan 2005

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] .  .  .  .  .  .  .  .  



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