(1) A tenant must pay the rent under a residential tenancy agreement on or before the day set out in the agreement.
(1) If rent under a residential tenancy agreement is paid in person (other than by cheque), the person who receives the payment must, when the payment is made, give the person making the payment a rent receipt.
(1) The rent payable under a residential tenancy agreement may be increased only if:
(a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and (b) the notice is given at least 60 days before the increased rent is payable. (2) This section extends to an increase in the rent payable under a residential tenancy agreement on renewal of the agreement as if the increase were an increase during the term of the agreement. Note— Notice of a rent increase on renewal is required under subsection (1) before the lease is renewed. (3) A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal. (4) The residential tenancy agreement is varied to specify the increased rent from the date the rent is increased in accordance with this section.
(1) A termination notice given by a landlord on the ground of a breach of the residential tenancy agreement solely arising from failure to pay rent (a non-payment termination notice ) has no effect unless the rent has remained unpaid in breach of the agreement for not less than 14 days before the notice is given.
(1) This section applies if a landlord gives a tenant a non-payment termination notice. (2) The Tribunal must not make a termination order on the ground set out in the notice if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord.
(1) This section applies to a fixed term agreement for a fixed term of 2 years or more.
(1) The Tribunal may, on application by a co-tenant, make any of the following orders:
(a) an order terminating the tenancy of the co-tenant or another co-tenant under the residential tenancy agreement from a date specified in the order, (b) an order terminating the residential tenancy agreement, (c) any necessary ancillary orders relating to the residential tenancy agreement or liabilities under that agreement. (2) The Tribunal may make an order under this section if it is of the opinion that it is appropriate to do so in the special circumstances of the case. (3) If the Tribunal terminates the tenancy of one or more, but not all, of the co-tenants under the residential tenancy agreement, the Tribunal must, in the order terminating the tenancy, specify the day on which the tenants whose tenancies are terminated must vacate the residential premises.
(1) The Tribunal may, on application by a landlord, order a tenant to pay compensation to the landlord for any loss (including loss of rent) caused by the abandonment of the residential premises by the tenant. (2) The landlord must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided by taking those steps. This subsection does not apply in the case of a fixed term agreement that provides for the payment of a break fee.
(1) The landlord or landlord’s agent may dispose of goods (other than personal documents) in accordance with this section if the former tenant or other person entitled to possession of the goods fails to collect or make arrangements to collect the goods within 14 days of a disposal notice being given in accordance with this Division or within such further period as may be agreed.
(1) The Tribunal may, on application by the former tenant or a person who has an interest in goods, make any of the following orders:
(a) an order requiring the landlord to pay compensation for goods disposed of by the landlord or landlord’s agent otherwise than in accordance with this Division, (b) an order requiring the landlord to pay compensation for goods damaged after being left on the residential premises and before being claimed by the person entitled to them, (c) an order that the landlord or landlord’s agent deliver goods into the former tenant’s or other person’s possession, (d) an order requiring the landlord or landlord’s agent to pay the proceeds of sale, or an amount equivalent to the value of the goods, to the former tenant or person, (e) any ancillary order that the Tribunal, in the circumstances, thinks appropriate.
(1) Charges payable A tenant under a social housing tenancy agreement must pay to the landlord any charges, determined in accordance with guidelines approved by the appropriate Minister, in respect of water usage by the tenant. (2) Guidelines for payment of charges The guidelines may provide for the determination of the charges by reference to any of the following:
(a) actual usage or estimated usage, (b) the income of the tenant, (c) the rent payable by the tenant (whether with or without rent rebate).
(1) A landlord, landlord’s agent or any other person, must not require or receive from a tenant or another person a rental bond of an amount exceeding 4 weeks rent under the residential tenancy agreement for which the bond was paid (as in force when the agreement was entered into).
(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
(1) Application A person may apply to the Tribunal for an order under this section if personal information about the person has been, or is proposed to be, listed in a residential tenancy database.
(Section 226)