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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 18 Sep 2014|
|Consolidated as at: 11 Jan 2005|
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.