Does not include amendments by— , Sch 1[1] (not commenced) Residential Tenancies Amendment (Rental Fairness) Act 2023 No 9
(1) False representations A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations. (2) Disclosure of sale, mortgagee actions A landlord or landlord’s agent must disclose the following to the tenant before the tenant enters into the residential tenancy agreement—
(a) any proposal to sell the residential premises, if the landlord has prepared a contract for sale of the residential premises, (b) that a mortgagee is taking action for possession of the residential premises, if the mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.
(1) A condition report relating to the condition of residential premises on a day specified in the report must be completed by or on behalf of a landlord before or when the residential tenancy agreement is given to the tenant for signing. (2) The landlord or landlord’s agent must, before or at the time the tenant signs the residential tenancy agreement, give to the tenant 2 copies, or one electronic copy, of the completed condition report. Maximum penalty—20 penalty units.
(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. (1A) Subsection (1) does not apply to a fixed term agreement for a fixed term of less than 2 years that specifies the date on which, and the amount by which, the rent payable under that agreement will be increased. This subsection does not affect the operation of subsection (2) in relation to the renewal of a fixed term agreement. (1B) The rent payable under a periodic agreement may not be increased more than once in any period of 12 months. (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.
(1) A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant. (1A) Without limiting the circumstances in which residential premises are not fit for habitation, residential premises are not fit for habitation unless the residential premises—
(a) are structurally sound, and (b) have adequate natural light or artificial lighting in each room of the premises other than a room that is intended to be used only for the purposes of storage or a garage, and (c) have adequate ventilation, and (d) are supplied with electricity or gas and have an adequate number of electricity outlet sockets or gas outlet sockets for the supply of lighting and heating to, and use of appliances in, the premises, and (e) have adequate plumbing and drainage, and (f) are connected to a water supply service or infrastructure that supplies water (including, but not limited to, a water bore or water tank) that is able to supply to the premises hot and cold water for drinking and ablution and cleaning activities, and (g) contain bathroom facilities, including toilet and washing facilities, that allow privacy for the user.
(1) A tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry without the tenant’s consent) that would have been a breach of the residential tenancy agreement if it had been an act or omission by the tenant.
(1) A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances—
(a) in an emergency, (b) to carry out urgent repairs, (c) if the landlord, landlord’s agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord’s agent or person believes is on the residential premises, (d) if the landlord forms a reasonable belief that the residential premises have been abandoned, (e) in accordance with an order of the Tribunal.
(1) A landlord or landlord’s agent must not publish any photograph taken or visual recording made of the interior of residential premises in which any of the tenant’s possessions are visible without first obtaining the written consent of the tenant. Maximum penalty—20 penalty units. (2) A tenant must not unreasonably withhold consent required to be obtained under this section.
(1) A landlord must ensure that a smoke alarm installed in the residential premises is repaired or replaced in accordance with the regulations. Maximum penalty—20 penalty units.
(1) Orders for which tenant may apply The Tribunal may, on application by a tenant, make any of the following orders—
(a) an order that the landlord carry out specified repairs, (b) an order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant, (c) an order that the landlord reimburse the tenant an amount for repairs to a smoke alarm carried out by the tenant under section 64A(3). (2) Orders for repairs The Tribunal may make an order that the landlord carry out specified repairs only if it determines that the landlord has breached the obligation under this Act to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
(1) On application in writing by a landlord, the Secretary may cause an investigator to investigate whether the tenant—
(a) has intentionally or negligently caused or permitted damage to the residential premises, and (b) without reasonable excuse, has refused or failed to repair, or satisfactorily repair, the damage. (2) An application may only be made under this section if—
(a) the landlord has requested the tenant by notice in writing to repair damage to the residential premises intentionally or negligently caused or permitted by the tenant, and (b) the written notice contains particulars of the damage, and (c) the tenant has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, and (d) the application is accompanied by the fee (if any) prescribed by the regulations. (3) An investigation may be carried out only if the tenant has consented to the investigation within 7 days of being requested by the Secretary to do so. (4) If, after an investigation is completed, the Secretary is satisfied that the tenant—
(a) has intentionally or negligently caused or permitted damage to the residential premises and, in doing so, has breached the residential tenancy agreement, and (b) has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, the Secretary may, by notice in writing, order the tenant to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a tenant rectification order ).
(1) On application in writing by a tenant, the Secretary may cause an investigator to investigate whether the landlord in respect of those premises has breached the landlord’s obligations under section 63. (2) An application may be made under this section only if—
(a) the tenant has requested the landlord by notice in writing to carry out repairs to the residential premises necessary to provide and maintain the residential premises in a reasonable state of repair, and (b) the written notice contains particulars of the repairs, and (c) the landlord has, without reasonable excuse, refused or failed to carry out, or carry out satisfactorily, the repairs, and (d) the application is accompanied by the fee (if any) prescribed by the regulations. (3) If, after an investigation is completed, the Secretary is satisfied that the landlord has breached the landlord’s obligations under section 63, the Secretary may, by notice in writing, order the landlord to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a landlord rectification order ).
(1) A tenant must not, without the landlord’s written consent or unless the residential tenancy agreement otherwise permits, install or cause to be installed a fixture or make or cause to be made any renovation, alteration or addition to the residential premises. (2) A landlord must not unreasonably withhold consent to a fixture, or to an alteration, addition or renovation that is of a minor nature.
(1) A landlord may, at any time, give a termination notice for a periodic agreement.
(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 arising solely from a failure to pay—
(a) rent, or (b) water usage charges, or (c) charges for the supply of electricity, gas or oil ( utility charges ),payable by the tenant (a non-payment termination notice ) has no effect unless the rent has, or the water usage charges or utility charges have, remained unpaid in breach of the agreement for not less than 14 days before the non-payment termination 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, water usage charges or charges for the supply of electricity, gas or oil ( utility charges ) 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) A tenant may give a termination notice on the ground that the landlord has contravened section 26.
(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, (b1) that the residential premises—
(i) have been listed on the LFAI Register during the term of the residential tenancy agreement, or (ii) were listed on the LFAI Register prior to the agreement being entered into and that fact was not disclosed to the tenant, (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)
(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 tenant, make a termination order if it is satisfied that—
(a) the landlord has contravened section 26, and (b) the contravention is, in the circumstances of the case, sufficient to justify termination of the agreement.
(1) A domestic violence termination notice must specify a termination date that is on or after the day on which the notice is given and, in the case of a fixed term agreement, may specify a day before the end of the fixed term. (2) A domestic violence termination notice given to the landlord must have annexed to it one of the following documents relating to the relevant domestic violence offender—
(a) a copy of the certificate of conviction in proceedings against the relevant domestic violence offender for the domestic violence offence, (b) a copy of the relevant DVO made against the relevant domestic violence offender, (c) a copy of the relevant injunction granted under section 68B or 114 of the of the Commonwealth in favour of the tenant or co-tenant in proceedings against the relevant domestic violence offender, Family Law Act 1975 (d) a declaration made by a competent person that—
(i) is in the form prescribed by the regulations, and (ii) contains the matters prescribed by the regulations.
(1) A tenant is not liable to pay any compensation or other additional amount for the early termination of a fixed term agreement under section 105B.
(1) The Minister is to ensure that the operation of this Division and sections 54(1A) and (1B) and 213A during the 3 years after the commencement of those provisions is reviewed and that a report on the outcome of the review is made publicly available within 12 months after the end of that 3 year period.
(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 for a fixed term of not more than 3 years.
(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) 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) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation. (2) The Tribunal must, on application by the landlord, make a termination order if it is satisfied that the tenant has been found guilty of an offence under section 69 or 69A of the . Housing Act 2001
(1) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office. (2) A landlord may give a termination notice to a tenant if the tenant fails to pay all or part of a rental bond.
(1) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office. (2) A landlord may, at any time before the end of a social housing tenancy agreement, require the tenant to pay a rental bond in accordance with Part 8. Note— Part 8 applies to a rental bond required to be paid under this section in the same way as it applies to a rental bond required to be paid under the original terms of a residential tenancy agreement.
(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) A landlord, landlord’s agent or other person who receives an amount of rental bond must deposit that amount with the Secretary within the deposit period together with a notice in the approved form. (2) A rental bond may, if the landlord and tenant agree, be paid by instalments commencing on or at any time after the signing of the residential tenancy agreement.
(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) An investigator may exercise the powers conferred by this section for the purposes of—
(a) investigating whether the provisions of this Act or the regulations are being complied with, or (b) obtaining evidence, documents or information in relation to a matter that constitutes or may constitute a contravention of this Act or the regulations, or (c) carrying out an investigation under section 65B or 65C.
(1) An investigator may apply to an issuing officer for the issue of a search warrant for premises if the investigator believes on reasonable grounds—
(a) that a provision of this Act or the regulations is being or has been contravened on the premises, or (b) that there is on the premises evidence of a contravention of this Act or the regulations.
(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) A landlord or agent of a landlord who lists personal information about a person in a residential tenancy database must, if asked in writing by the person, give the person a copy of the information, without payment of a fee, within 14 days after the request is made. Maximum penalty—20 penalty units.
(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)