(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires: Chairperson means the Chairperson of the Tribunal.Deputy Registrar means a Deputy Registrar of the Tribunal.investigator means:
(a) an officer appointed, or taken to have been appointed, as an investigator by the Minister under section 119A, or (b) an investigator appointed under section 18 of the . Fair Trading Act 1987 landlord means the person who grants the right to occupy residential premises under a residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns.landlord’s agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for:
(a) the letting of residential premises, or (b) the collection of rents payable for any tenancy of residential premises. member means the Chairperson or any other full-time member or part-time member of the Tribunal.moveable dwelling has the same meaning as it has in the. Local Government Act 1993 officer means:
(a) the Tenancy Commissioner, or (b) a person employed under the as referred to in section 117B (1), or Public Sector Management Act 1988 (c) a person whose services are used in accordance with section 117B (2). record includes any book, account, document, paper and other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.Registrar means the Registrar of the Tribunal.regulations means regulations made under this Act.rent means an amount payable by a tenant under a residential tenancy agreement in respect of a period of the tenancy.rent rebate means an amount waived or remitted, in accordance with a scheme established under any Act, from rent payable to a social housing provider.rental bond , in relation to a residential tenancy agreement or proposed residential tenancy agreement, has the same meaning as it has in thein relation to a lease or proposed lease. Landlord and Tenant (Rental Bonds) Act 1977 reservation fee means an amount paid or required to be paid to a person in consideration for not letting residential premises pending the making of a residential tenancy agreement.residential premises :
(a) means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence, and (b) includes a moveable dwelling or the site on which a moveable dwelling is situated or intended to be situated (or both the moveable dwelling and the site), if the moveable dwelling is used or intended to be used as a place of residence. residential tenancy agreement means any agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence:
(a) whether or not the right is a right of exclusive occupation, (b) whether the agreement is express or implied, and (c) whether the agreement is oral or in writing, or partly oral and partly in writing, and includes such an agreement granting the right to occupy residential premises together with the letting of goods. social housing premises means residential premises let by a social housing provider under a residential tenancy agreement (otherwise than in the circumstances, if any, prescribed by the regulations).social housing provider means any of the following:
(a) the New South Wales Land and Housing Corporation, (b) the New South Wales Department of Housing, (c) the Office of Community Housing of the Department of Urban Affairs and Planning, (d) the Aboriginal Housing Office, (e) an organisation for the time being registered with the Office of Community Housing, or under Part 5 of the , Aboriginal Housing Act 1998 (f) an organisation prescribed by the regulations. tenancy means the right to occupy residential premises under a residential tenancy agreement.Tenancy Commissioner means the Tenancy Commissioner referred to in section 117A.tenant means the person who has the right to occupy residential premises under a residential tenancy agreement, and includes the person’s heirs, executors, administrators and assigns.this Act includes the regulations.Tribunal means the Residential Tribunal established by the. Residential Tribunal Act 1998 (2) In this Act:
(a) a reference to a function includes a reference to a power, authority and duty, and (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
(1) This Act does not apply to residential tenancy agreements to which the applies. Residential Parks Act 1998
(1) The costs of preparation of a written residential tenancy agreement by or on behalf of a landlord are payable in equal shares by the landlord and the tenant.
(1) If a landlord or a tenant under a residential tenancy agreement claims that a breach of a term of the agreement has occurred, the landlord or the tenant may, not later than 30 days after becoming aware of the breach, apply to the Tribunal for an order in respect of the breach. (1A) If a landlord or a tenant under a residential tenancy agreement claims that a dispute has arisen under the agreement, the landlord or the tenant may refer the dispute to the Tenancy Commissioner. (1B) When a dispute is referred to the Tenancy Commissioner under this section, the Tenancy Commissioner may attempt to bring the landlord and the tenant to a settlement acceptable to them.
(1) It is a term of every residential tenancy agreement that the landlord, the landlord’s agent or any person authorised by the landlord, during the currency of the agreement, may enter the residential premises, but only in the following circumstances:
(a) in an emergency (including entry for the purpose of carrying out urgent repairs), (b) to inspect the residential premises, on not more than 4 occasions in any period of 12 months, if the tenant has been given not less than 7 days’ notice on each occasion, (c) to carry out necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days’ notice on each occasion, (d) to show the residential premises to prospective purchasers or mortgagees, on a reasonable number of occasions, if the tenant has been given reasonable notice on each occasion, (e) to show the residential premises to prospective tenants, on a reasonable number of occasions during the period of 14 days preceding the termination of the agreement, if the tenant has been given reasonable notice on each occasion, (f) if the landlord forms a belief on reasonable grounds that the residential premises have been abandoned, (g) at any time with the consent of the tenant, (h) in accordance with an order of the Tribunal. (2) It is a term of every residential tenancy agreement that a person shall not enter the residential premises in the circumstances set out in subsection (1) (b), (c), (d) or (e):
(a) on a Sunday or a public holiday, unless the tenant otherwise agrees, (b) except between the hours of 8.00 am and 8.00 pm, unless the tenant otherwise agrees, and (c) in the case of a person other than the landlord or the landlord’s agent—except with the prior written consent of the landlord or the landlord’s agent.
(1) A landlord under a residential tenancy agreement shall, at or before the time of entering into the agreement, give the tenant notice in writing of:
(a) the names and residential addresses of the landlord and any person having superior title (for example, a head landlord) to that of the landlord and the name and business address of the landlord’s agent (if any), or (b) if the landlord or agent is a corporation—the name of the secretary (or, if there is no secretary, of another responsible officer of the corporation) and the address of the registered office of the corporation or, in the case of a statutory corporation, the business address of the corporation.
(1) It is a term of every residential tenancy agreement that:
(a) the tenant may, with the prior consent of the landlord, assign the whole or part of the tenant’s interest under the agreement or sub-let the residential premises, and (b) (c) the landlord shall not make any charge for giving such a consent, other than for the landlord’s reasonable expenses in giving consent.
(1) If rent under a residential tenancy agreement is paid in person, any person who receives payment of the rent shall, without delay, give to the person making the payment a receipt for the payment.
(1) The rent payable by a tenant under a residential tenancy agreement shall not be increased except by notice in writing given to the tenant specifying the amount of the increased rent and the day from which the increased rent is payable. (2) A day specified as the day from which increased rent is payable shall not be earlier than 60 days after the day on which notice of the increase was given under this section. (2A) A notice given under this section may be cancelled by a later notice or a later notice may provide for a lesser increase than that specified in the earlier notice.
(1) The Tribunal may, on application by a tenant under section 46 or 47, and after considering any matters it considers appropriate under section 48, determine that a rent increase or rent is excessive.
(1) A landlord or a tenant may give notice of termination of a residential tenancy agreement to the other party on the ground that the other party has breached a term of the agreement.
(1) A landlord may give notice of termination of a residential tenancy agreement without specifying any ground for the termination.
(1) A tenant may give notice of termination of a residential tenancy agreement without specifying any ground for the termination.
(1) A landlord or a tenant may give notice of termination of a residential tenancy agreement that creates a tenancy for a fixed term during the currency of the term without specifying any ground for the termination.
(1) If:
(a) a landlord or a tenant gives notice of termination of a residential tenancy agreement under this Part, and (b) the tenant fails to deliver up vacant possession of the residential premises on the day specified, the landlord may, not later than 30 days after that day, apply to the Tribunal for an order terminating the agreement and an order for possession of the premises. (2) The Tribunal shall, on application by a landlord under this section, make an order terminating the agreement if it is satisfied:
(a) in the case of a notice given by the landlord on a ground referred to in section 56, 57 or 61:
(i) that the landlord has established the ground, and (ii) if the ground is a breach of the residential tenancy agreement, that the breach, in the circumstances of the case, is such as to justify termination of the agreement, (b) that the tenant has seriously or persistently breached the residential tenancy agreement, or (c) that, having considered the circumstances of the case, it is appropriate to do so.
(1) The Tribunal may suspend the operation of an order for possession of residential premises (other than premises which are part of the landlord’s principal place of residence) for a specified period if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused to the landlord and the tenant by the suspension.
(1) The Tribunal may, on application by a landlord under a residential tenancy agreement, make an order terminating the agreement if it is satisfied that the landlord would, in the special circumstances of the case, suffer undue hardship if the agreement were not terminated.
(1) If an order for possession of residential premises is made by the Tribunal, then the Chairperson, any other member, the Registrar or a Deputy Registrar may:
(a) on the application of the person in whose favour the order was made, and (b) if satisfied that the order for possession or a condition of suspension of the order has not been complied with, issue a warrant, in or to the effect of the prescribed form, authorising a sheriff’s officer to enter the residential premises and to give possession to the person in whose favour the order was made. (2) A sheriff’s officer enforcing an order for possession of residential premises may enter the premises and take all such steps as are reasonably necessary to enforce the order and shall produce the warrant authorising the enforcement.
(1) If a residential tenancy agreement is terminated and goods are left by the tenant on the residential premises:
(a) the tenant, or (b) any other person having an interest in the goods, may apply to the Tribunal for an order for the delivery of the goods into the tenant’s or other person’s possession.
(1) A Tenancy Commissioner shall be employed under the . Public Sector Management Act 1988
(1) The Tenancy Commissioner may delegate to a person the exercise of any of the Commissioner’s functions under this Act other than this power of delegation. (2) A delegation under this section:
(a) shall be in writing, (b) may be general or limited, and (c) may be revoked (wholly or partly) by the Commissioner.
(1) The Minister may appoint an officer as an investigator for the purposes of this Act.
(1) If the Tenancy Commissioner believes on reasonable grounds that a person is capable of giving information, producing documents or giving evidence in relation to a matter that constitutes, or may constitute, an offence against this Act, an investigator may, by notice in writing given to the person, require the person:
(a) to provide an investigator, by writing signed by the person (or, in the case of a body corporate, by a competent officer of the body corporate) and given to the investigator within the time and in the manner specified in the notice, with any such information, or (b) to produce to an investigator, in accordance with the notice, any such documents, or (c) to appear before an investigator at a time and place specified in the notice and give any such evidence, either orally or in writing, and produce any such documents.
(1) In any legal proceedings, proof is not required (until evidence is given to the contrary) of:
(a) the constitution of the Tribunal, or (b) the appointment of, or the holding of office by, any member.
(1) A notice or other document (other than a notice of termination) required to be given to a tenant under this Act may be given:
(a) by delivering it personally to the tenant or a person apparently of or above the age of 16 years by whom the rent payable by the tenant is ordinarily paid, (b) by delivering it to the residential premises occupied by the tenant and by leaving it there with some person apparently of or above the age of 16 years for the tenant, (c) by sending it by post to the residential premises occupied by the tenant, or (d) in such other manner as may be prescribed for the purposes of this section or approved by the Tribunal. (2) A notice or other document (other than a notice of termination) required to be given to a landlord under this Act may be given:
(a) by delivering it personally to the landlord, the landlord’s agent under a residential tenancy agreement or a person apparently of or above the age of 16 years to whom the rent payable to the landlord is ordinarily paid, (b) by sending it by post to the landlord’s usual place of residence or business or employment, (b1) by sending it by facsimile transmission to the landlord’s usual place of residence or business or employment, or (c) in such other manner as may be prescribed for the purposes of this section or approved by the Tribunal.
(Section 80)
(Section 137)