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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 19 May 2013|
|Consolidated as at: 11 Jan 2005|
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.
(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.