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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  25 Jul 2014
Consolidated as at:  11 Jan 2005

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.



CURRENT VIEW: 25 Aug 2004 - 30 Mar 2005
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