Does not include amendments by: (not commenced — to commence on 1.7.2018) Crown Land Legislation Amendment Act 2017 No 17(not commenced) Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018 No 5
(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 landlord may give a termination notice on the ground that the tenant has breached the residential tenancy agreement. (2) The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.
(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 if the tenant under a residential tenancy agreement who occupied or partly occupied the residential premises with another occupant no longer resides in the residential premises and the residential tenancy agreement has been terminated.
(1) This section applies to a fixed term agreement for a fixed term of 2 years or more.
(1) A tenant may give a termination notice for a fixed term agreement on any of the following grounds:
(a) that the tenant has been offered, and accepted, accommodation in social housing premises, (b) that the tenant has accepted a place in an aged care facility or requires care in such a facility, (c) that the landlord has notified the tenant of the landlord’s intention to sell the residential premises, unless the landlord disclosed the proposed sale of the premises before entering into the residential tenancy agreement as required by section 26, (d) that a co-tenant or occupant or former co-tenant or occupant is prohibited by a final apprehended violence order from having access to the residential premises.
(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 principal registrar of the Tribunal may, on the application of a person in whose favour an order for possession was made, issue a warrant for possession of the residential premises concerned if the principal registrar is satisfied that the order or a condition of suspension of the order has not been complied with.
(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) If a landlord under a social housing tenancy agreement is satisfied that a tenant has breached the agreement but is not satisfied that the circumstances of the breach taken alone justify termination of the agreement, the landlord may issue a strike notice to the tenant and record a strike against the tenant. (2) A strike notice:
(a) must be in writing, and (b) must inform the tenant that a strike has been recorded against the tenant, and (c) must set out details of the alleged breach of the agreement for which the strike has been recorded, and (d) must remind the tenant of any strikes that have been recorded (and not withdrawn) against the tenant within the previous 12 months (including strikes recorded for breach of a prior social housing tenancy agreement with the same or, to the extent that relevant information is known by the landlord, a different landlord), and (e) must warn the tenant that, if a third strike is recorded against the tenant within 12 months, a termination notice may be given to the tenant, and (f) must inform the tenant that, if the tenant disagrees with the statement of details of the alleged breach of the agreement for which the strike has been recorded, or any aspect of those details, the tenant should make submissions to the landlord setting out the grounds of the disagreement, and (g) must specify how the submissions may be made and the date before which they must be made (being a date not less than 21 days after the date of the strike notice), and (h) must inform the tenant that, if the tenant does not make any such submissions, the details of the alleged breach of the agreement set out in the strike notice will be taken, in proceedings before the Tribunal, to have been conclusively proved and the tenant will not be able to challenge the accuracy of those details. (3) A landlord may withdraw a strike against a tenant at any time. (4) If, after considering submissions made by a tenant as set out in a strike notice, the landlord decides not to withdraw the strike, the landlord must give the tenant a notice in writing:
(a) informing the tenant of that decision and that the tenant may apply for review of the strike notice, and (b) specifying how the application may be made and the date before which it must be made (being a date not less than 21 days after the date of the notice).
(1) Subject to subsection (3), the Tribunal must make a termination order on the application of a landlord under a social housing tenancy agreement if:
(a) an application for the order is made under section 90 and the Tribunal is satisfied of the matters set out in section 90 (1) (b) and the injury constitutes grievous bodily harm within the meaning of the , or Crimes Act 1900 (b) an application for the order is made under section 91 and the Tribunal is satisfied of the matters set out in section 91 (1) (a), or (c) an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) to be used for the purposes of:
(i) storing a firearm for which a licence or permit is not held under the , or Firearms Act 1996 (ii) a show cause offence within the meaning of the , Bail Act 2013 and the tenant or other person has been charged with an offence relating to those circumstances (whether or not the person is or has been found guilty of the offence).
(1) The Secretary may establish an online rental bond service. (2) An online rental bond service is an online facility or system that may be used for any of the following purposes:
(a) to deposit a rental bond with the Secretary, (b) to make a claim for the payment of a rental bond, (c) to make a payment of an amount of a rental bond, (d) to give any notice authorised or required under this Part, (e) to do or facilitate the doing of any other thing authorised or required under this Part.
(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). (1A) A landlord, landlord’s agent or any other person must not require or receive from a tenant a rental bond unless:
(a) the landlord or landlord’s agent is registered as a user of the online rental bond service established under section 157A, and (b) the tenant has been invited by the landlord or the landlord’s agent to provide an address that can be used to invite the tenant (using the online service) to use the online service to deposit the rental bond with the Secretary, and (c) if the tenant has provided such an address:
(i) the landlord or landlord’s agent has invited the tenant (using the online service) to use the online service to deposit the rental bond with the Secretary, and (ii) the tenant has been given a reasonable opportunity to use the online service to deposit the rental bond with the Secretary or has declined the invitation.
(1) This section applies if a claim for the whole or part of a rental bond is made by a landlord or a tenant without the consent of all the other parties to a residential tenancy agreement.
(1) A landlord, landlord’s agent or a person on behalf of a landlord who makes a claim for payment of a rental bond without the consent of the tenant must give the tenant:
(a) a copy of a completed condition report about the residential premises at the end of the residential tenancy agreement, and (b) copies of any estimates, quotes, invoices or receipts for work for which the rental bond is claimed.
(1) There is constituted by this Act a corporation with the name Rental Bond Board.
(1) There is to be established a Rental Bond Interest Account into which is to be paid:
(a) all income from any investment of the Rental Bond Account, and (b) the income from any investment of the Rental Bond Interest Account, and (c) any other money payable to the Rental Bond Interest Account under this or any other Act.
(1) Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(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.
(1) A database operator must not keep personal information in the operator’s residential tenancy database for longer than:
(a) if the Australian Privacy Principles require the operator to remove the personal information within a stated period of less than 3 years—the stated period, or (b) in any other case—3 years.
(Section 178 (3))
(Section 226)