Residential Tenancies Amendment Act 1996

1: Short Title and commencement
1: This Act may be cited as the Residential Tenancies Amendment Act 1996, and shall be read together with and deemed part of the Residential Tenancies Act 1986
2: Except as provided in sections 3 4 6 7 17
2:
1: This subsection inserted the definition of the term address for service s 2(1)
2: This subsection inserted the definition of the term contact address s 2(1)
3: This subsection amended the definition of the term Deputy Principal Tenancy Adjudicator s 2(1)
4: This subsection amended the definition of the term key money s 2(1)
5: This subsection repealed the definition of the term protected tenancy s 2(1)
6: This subsection amended the definition of the term Tenancy Mediator s 2(1)
3: Act excluded in certain cases
1: This subsection substituted s 5(b)
2: Section 5 paragraph (b)
ba: Where the premises are let for a fixed-term tenancy of at least 5 years and the tenancy agreement expressly provides that this Act shall not apply: .
3: Subsection (2)
4: Long fixed-term tenancies
1: The principal Act is hereby amended by repealing section 6
2: Section 6 subsection (1)
3: This section shall come into force on the 1st day of December 1996.
5:
1: This subsection substituted s 12 s 12A
2: This subsection substituted s 44(4)
3: This subsection amended Schedule 2 Human Rights Act 1993
6: New sections relating to tenancy agreements substituted
1: The principal Act is hereby amended by repealing section 13
13: Form of tenancy agreement
1: Every tenancy agreement shall be in writing and signed by both the landlord and the tenant.
2: The landlord shall, before the tenancy commences, provide the tenant with a copy of the tenancy agreement.
13A: Contents of tenancy agreement
1: Every tenancy agreement shall include the following minimum information:
a: The full name and contact address of the landlord; and
b: The full name and contact address (where that is different from the address of the premises to which the agreement relates) of the tenant; and
c: The address of the premises; and
d: The date of the tenancy agreement; and
e: The date of commencement of the tenancy (where that is different from the date of the tenancy agreement); and
f: The landlord's address for service; and
g: The tenant's address for service; and
h: Whether the tenant is under the age of 18; and
i: The amount of any bond; and
j: The rent payable; and
k: The frequency of the rent payments; and
l: The place or bank account number where the rent is to be paid; and
m: A statement (if applicable) that the tenant shall pay any fee or other charge for services rendered by any solicitor or real estate agent relating to the grant or assignment of the tenancy; and
n: A statement (if applicable) that the tenant shall pay for any metered water provided to the premises; and
o: A list of any chattels provided by the landlord; and
p: If the tenancy is a fixed-term tenancy, the date on which the tenancy will terminate.
2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section
13B: Variations and renewals of tenancy agreements
1: Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the tenant.
2: The landlord shall, before the date on which the variation or renewal of the tenancy is to take effect, provide the tenant with a copy of the variation or renewal.
13C: Tenancy agreements not unenforceable on grounds not in writing
Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy agreement, shall be unenforceable on the grounds that it is not in writing.
13D: Exceptions to requirements relating to tenancy agreements
Sections 13 to 13B of this Act
a: A tenancy at will created on or immediately after the determination or expiry of a tenancy:
b: A tenancy agreement that was in force immediately before the date of commencement of this Act:
c: Any variation of a tenancy agreement made by, or at the direction of, the Tribunal.
2: Section 13 subsection (1)
3: Sections 13 to 13D subsection (1)
4: This section shall come into force on the 1st day of December 1996.
7: New sections relating to notification of new particulars
1: The principal Act is hereby amended by repealing sections 15 16
15: Notification of successor to landlord or tenant
1: Where, during the term of any tenancy, the landlord's or tenant's interest passes to some other person, that other person shall, within 10 working days thereafter, cause the other party to the tenancy to be notified of—
a: The full name and contact address of that person; and
b: An address for service, being the address at which notices and other documents relating to the tenancy will be accepted by or on behalf of the person.
2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section
16: Change of name or address
1: Where the name and contact address, or address for service, of any person has been notified to the other party to the tenancy in accordance with this Act and that name or address subsequently changes (otherwise than in circumstances to which section 15 of this Act
2: A Post Office box number or other similar postal address shall not be a sufficient address for the purposes of subsection (1) of this section
2: Sections 15 16 subsection (1)
3: Sections 15 16 subsection (1)
4: This section shall come into force on the 1st day of December 1996.
8: Duties of landlord on receipt of bond
1: This subsection substituted s 19(1)(b)
2: Section 3 Residential Tenancies Amendment Act 1992
9: This section substituted s 21(2)
10:
1: This subsection inserted s 21A
2: This subsection amended ss 57(3)(b) 58(1)(b)
11: This section substituted s 22(6) s 22(6A) (6B) s 22(7) to (9)
12: This section substituted s 24
13: This section substituted s 29(4)(b)
14: This section substituted s 30(1)
15: This section substituted s 33
16: This section repealed ss 34 35
17: Outgoings
1: The principal Act is hereby amended by repealing section 39
39:
1: Subject to subsection (2) of this section
2: Subject to subsection (3) of this section
a: All charges for electricity or gas supplied to the premises:
b: Water charges in respect of the premises (including the cost of charges for standard meter readings) if—
i: The premises have a separate water meter; and
ii: The tenancy agreement stated, at the commencement of the tenancy, that the tenant shall pay for any metered water provided to the premises; and
iii: The water supplier charges for water provided to the premises on the basis of metered usage:
c: All charges in respect of any telephone connected to the premises.
3: Subsection (2) of this section
4: In this section standard meter readings
5: In this section premises
2: Section 39 subsection (1)
3: Section 39 subsection (1)
4: This section shall come into force on the 1st day of December 1996.
18: This subsection inserted s 40(1)(e)(iv) (v)
19: This section amended s 43
20: This section inserted s 47(2)
21: This section amended s 48
22: This section amended s 55
23: This section inserted s 56(2)
24: Abandoned goods
1: This subsection amended s 62
2: This subsection amended s 62
3: This subsection amended s 62
4: Section 5(2) Residential Tenancies Amendment Act 1992
25: This section substituted s 64(4)
26: This section repealed s 66
27: This section inserted s 66
28: This section amended s 67
29: This section substituted s 68(5)
30: This section amended s 75(3)
31: This section amended s 76
32: This section inserted s 78(2A) (2B)
33: This section substituted s 83(2)
34: This section amended s 87(1) (2)
35: This section inserted s 90(2)(e)
36:
1: This subsection amended s 92
2: This subsection amended s 91(2)(d)
37: This section inserted s 93(7)
38: This subsection substituted s 94(3)
39: This section inserted s 98A
40: Tenancy Mediator or Tribunal may require valuer's report in certain proceedings
1: This subsection substituted s 100
2: Section 7 Residential Tenancies Amendment Act 1992
41: This section amended s 102
42: This section substituted s 107(2)
43: This section amended s 109
44: This section substituted s 112
45: This section substituted s 117(2)(b) s 117(2)(c)
46: This section amended s 124
47: This section substituted s 126(2)
48: This section inserted s 128
49:
1: This subsection inserted s 134A
2: This subsection inserted s 140(1)(da)
50: This section amended s 136
51: This section amended s 141
52: This section amended Schedule 1