S. 3(1) def. of health or residential service amended by Nos 48/2006 s. 42(Sch. item 30), 23/2006, s. 248(1). health or residential service means— (a) a residential care service, State funded residential care service, health service establishment, denominational hospital or public hospital within the meaning of the Health Services Act 1988; or (b) premises used for an approved mental health service within the meaning of the Mental Health Act 1986; or (c) premises used for a residential service within the meaning of the Disability Act 2006; s. 3 (d) premises used for a secure welfare service within the meaning of the Children, Youth and Families Act 2005; or (e) premises where accommodation is provided by a service agency for the purpose of delivering support services by that agency to a client of that agency; S. 3(1) def. of hearing repealed by No. 52/1998 s. 235(2)(a). * * * * * hiring charge means the amount paid by a resident to a caravan owner to occupy a caravan; invalid in relation to an agreement or guarantee, means void;
(b) that measures, in relation to those premises or that room or site only, the quantity of a substance or service that is supplied to, or used at, those premises or that room or site; S. 3(1) def. of service agency substituted by No. 23/2006 s. 248(2). service agency means a disability service provider within the meaning of the Disability Act 2006; s. 3 services includes the provision to a resident by a rooming house owner of meals, linen or room cleaning services; S. 3(1) def. of shared room inserted by No. 63/2005 s. 4(a). shared room means a room that is occupied by one or more residents with shared room rights; S. 3(1) def. of shared room right inserted by No. 63/2005 s. 4(a). shared room right means a residency right of a kind set out in section 92B; site means a site in a caravan park; S. 3(1) def. of spouse inserted by No. 27/2001 s. 3(Sch. 1 item 10.1). spouse of a person means a person to whom the person is married; support services means— (a) assistance with one or more of the following— (i) bathing, showering or personal hygiene; or (ii) toileting; or
56 Landlord must not seek overpayment for utility charge S. 56(1) amended by No. 45/2002 s. 15. s. 56 (1) The landlord of separately metered rented premises must not seek payment or reimbursement for a cost or charge under section 55 that is more than the amount that the relevant supplier of the utility would have charged the tenant. 10 penalty units. S. 56(2) amended by No. 45/2002 s. 15. (2) If the relevant supplier of the utility has issued an account to the landlord, the landlord cannot recover from the tenant an amount which includes any amount that could have been claimed as a concession or rebate by or on behalf of the tenant from the relevant supplier of the utility. (3) Subsection (2) does not apply if the concession or rebate— S. 56(3)(a) amended by No. 45/2002 s. 15. (a) must be claimed by the tenant and the landlord has given the tenant an opportunity to claim it and the tenant does not do so by the payment date set by the relevant supplier of the utility; or (b) is paid directly to the tenant as a refund. 57 Director of Housing may impose service charge (1) The Director of Housing may impose a service charge on a tenant in rented premises let by the Director of Housing for any water, central heating, laundry or utility services or facilities made available to the tenant. (2) Subsection (1) only applies if it is not possible or practicable to accurately measure the use by the tenant of that service or facility. (3) A service charge may be increased by an amount or decreased in line with changes in the cost of providing the services or facilities.
(3) If an order is made under subsection (2)— (a) the amount of the rent held in the Rent Special Account at the end of that period must be paid to the rooming house owner; and (b) on application by the rooming house owner, the Tribunal may order that the whole or such part of the rent as it may determine be paid to the rooming house owner before the end of that period, if it is satisfied that the owner has fulfilled or is fulfilling the owner's duty to carry out the repairs. 135 Repair provisions not applicable to certain damage s. 135 Sections 131 to 134 do not apply to damage caused by the misuse or the negligence of the resident or his or her visitor. Division 7—Rights of entry 136 Access to room A rooming house owner or a person appointed in writing as the rooming house owner's agent for the purpose has a right to enter a room occupied by a resident— S. 136(a) amended by No. 63/2005 s. 20(a). (a) if the resident, or in the case of a shared room, each resident of the room, agrees at the time entry is sought; or (b) if there is an emergency and immediate entry is necessary to save life or valuable property; or (c) if services are provided and it is necessary to enter to provide them, but only during the hours specified in the house rules; or
151 Receipts for rent or hiring charge s. 151 (1) A person who receives a payment of rent or a payment of a hiring charge from a resident must give a written receipt in accordance with this section to the person making the payment— (a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment. 5 penalty units. S. 151(2) substituted by No. 45/2002 s. 47. (2) If a person receives a payment of rent or a payment of a hiring charge from a resident and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent or the payment of a hiring charge until the earlier of— (a) the end of 12 months after receiving the payment; or (b) if a resident requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the resident. 5 penalty units. S. 151(2A) inserted by No. 45/2002 s. 47. (2A) If a resident requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent or the payment of a hiring charge, a person who keeps a record under subsection (2) must provide a copy of that record to the resident within 5 business days after receiving the request. 5 penalty units.
204 Resident has duty to permit entry A resident of a caravan park has a duty to permit a person exercising a right of entry in accordance with this Division to enter the caravan or site (as the case may be). 205 What if damage is caused during entry? (1) A resident of a caravan park may apply to the Tribunal for an order for compensation if the caravan park owner or the caravan owner or the owner's agent causes damage to the resident's goods in the caravan or on the site when exercising a right of entry under section 199 or 200. (2) If an application is made under subsection (1), the Tribunal— (a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the resident's goods in the caravan or on the site; or (b) may refuse to make an order. 206 What if a person exercising right of entry fails to comply with Division? s. 204 (1) If the caravan park owner or caravan owner or the owner's agent has exercised a right of entry and in doing so fails to comply with this Division, the resident may apply to the Tribunal for an order restraining the caravan park owner or caravan owner or the owner's agent from exercising a right of entry under section 199 or 200 for a specified period.
(2) If an application is made under subsection (1), the Tribunal— (a) may make an order prohibiting the caravan park owner or caravan owner or the owner's agent from exercising a right of entry under section 199 or 200 (except for a purpose set out in section 201(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or (b) may refuse to make an order. S. 206A inserted by No. 45/2002 s. 53. 206A Offence relating to entering a site or caravan occupied by a resident s. 206A A caravan park owner, a caravan owner or an owner's agent must not, without reasonable excuse, enter a site or caravan occupied by a resident otherwise than in accordance with this Division. 5 penalty units. _______________ 207 Definitions s. 207 In this Part— S. 207 def. of duty provision amended by No. 45/2002 s. 87(1). duty provision means— (a) in relation to rented premises— (i) section 89; or (ii) any provision of Division 5 of Part 2, except sections 59, 62, 66 and 71; or (b) in relation to a rooming house— (i) section 140; or
(b) the day specified in an agreement under section 144 as the day on which the term of occupancy may be ended by a notice under this section; or (c) the end of the period of notice required by an agreement under section 144 for a notice under this section. (5) Subsection (1) does not apply if the caravan park is to be converted to a use other than a caravan park. 315 Notice of no effect s. 315 (1) A notice under section 314 is of no effect if it was given in response to the exercise, or proposed exercise, by the resident of a right under this Act. S. 315(2) amended by No. 45/2002 s. 57(2). (2) A person is not entitled to apply to the Tribunal challenging the validity of a notice under this section after the end of 60 days after the date on which the notice is given. 316 Notice by caravan park mortgagee (1) A caravan park mortgagee may give a resident a notice to vacate a site if the caravan park mortgagee becomes entitled to possession of, or to exercise a power of sale in respect of, the caravan park under a mortgage. (2) The notice must specify a termination date that is— (a) not less than 90 days after the date on which the notice is given if the mortgage was given before the resident obtained a residency right; or (b) not less than 6 months after the date on which the notice is given if the mortgage was given after the resident obtained a residency right.
(a) the premises have been rented premises under a tenancy agreement at any time within the period of 12 months before the date of the application; and (b) the applicant alleges that the premises are occupied solely by a person (not being a tenant under a tenancy agreement) who entered into or remained in occupation without the applicant's licence or consent or that of any predecessor in title of the applicant. S. 344(2) repealed by No. 52/1998 s. 236(p). * * * * * 345 Order of Tribunal The Tribunal must make a possession order for the premises if the Tribunal is satisfied that— (a) the applicant under section 344 is entitled to possession of the premises; and (b) there are reasonable grounds for believing that a person is occupying the premises without licence or consent. 346 What must the possession order provide? A possession order under this Division must— S. 346(a) amended by No. 52/1998 s. 236(q). s. 345 (a) direct the principal registrar to issue without delay a warrant of possession against all persons for the time being occupying the premises; or S. 346(b) amended by No. 52/1998 s. 236(r). (b) provide that notice in the form prescribed by the rules of the Tribunal be served without delay on all persons for the time being occupying the premises requiring them—
377 Offence to allow occupation of premises pending application or hearing (1) A landlord of rented premises in a managed high density building must not allow a person who is not a party to a tenancy agreement suspended under section 370 to lease or occupy the rented premises during the period of suspension. 20 penalty units. (2) A rooming house owner must not allow a person who is not a party to a residency right suspended under section 370 to occupy the room in the rooming house to which that residency right applies during the period of suspension. 20 penalty units. (3) A caravan park owner must not allow a person who is not a party to a residency right suspended under section 370 to occupy the site in the caravan park to which that residency right applies during the period of suspension. 20 penalty units. S. 377(4) inserted by No. 63/2005 s. 29. (4) Despite subsection (2), a rooming house owner may permit a new resident to occupy a shared room in the rooming house if the room capacity of the room (including the resident with the suspended residency right) would not be exceeded. S. 377A inserted by No. 45/2002 s. 95. 377A Notice to leave prohibited if notice to vacate under section 244, 279 or 303 already given s. 377A A manager is not entitled to give a notice to leave under section 368 in respect of an act or omission if—
In this Part— bond in Divisions 3 and 4, includes an amount or the total of the amounts (if any) which are required to be added to the bond pursuant to section 439; S. 404 def. of Director of Housing voucher inserted by No. 93/2003 s. 4. Director of Housing voucher means a voucher issued by the Director of Housing or an agent of the Director of Housing for payment of an amount of bond on behalf of a tenant; landlord includes— (a) rooming house owner; (b) caravan park owner; (c) caravan owner; (d) in Divisions 3 and 4, former landlord; (e) agent of a landlord or a person referred to in paragraphs (a) to (d); rent includes hiring charge; rented premises includes room, site and caravan; tenancy agreement includes residency right; tenant includes— (a) resident; and (b) in Divisions 3 and 4, former tenant and former resident. Division 2—Payment of bonds to Residential Tenancies Bond Authority s. 405 405 Bond lodgement form
S. 431(ca) inserted by No. 93/2003 s. 16. (ca) to collect the information contained in bond lodgment forms given to the Authority and other information kept by the Authority in relation to bonds held by the Authority; S. 431(cb) inserted by No. 93/2003 s. 16. (cb) to disclose the information (other than persons' names) referred to in paragraph (ca), whether it was collected before, on or after the commencement of section 16 of the Residential Tenancies (Amendment) Act 2003, to the Director of Housing for the purpose of the use of that information by the Director of Housing in research, compiling statistics and public education; (d) to carry out any other function conferred on it by this Act. 432 Powers of Authority s. 432 (1) The Authority has power to do anything that is necessary or convenient to be done for or in connection with the carrying out of its functions. (2) Without limiting subsection (1), the Authority may enter into any arrangements or agreements with any person or body to act as its agent in the carrying out of any of its functions under this Part except its powers under sections 423(2) and 437. 433 Authority subject to Minister's general direction and control The Authority is subject to the general direction and control of the Minister in carrying out its powers and functions. S. 434 amended by No. 46/1998 s. 7(Sch. 1). 434 Delegation The Authority may, by instrument, delegate to any employee of the public service any of its powers or functions, except this power of delegation and its powers under sections 423(2) and 437.
S. 510D inserted by No. 103/2004 s. 65, substituted by No. 32/2006 s. 94(Sch. item 42(2)). 510D Form of notice For the purposes of section 510C, an infringement notice must be in the form required by the Infringements Act 2006 and may contain any additional information approved by the Director. Ss 510E–510J inserted by No. 103/2004 s. 65, repealed by No. 32/2006 s. 94(Sch. item 42(3)). * * * * * Division 3—Regulations 511 Regulations s. 511 (1) The Governor in Council may make regulations for or with respect to— S. 511(1)(a) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(a) inserted by No. 19/2009 s. 21. (a) criteria to be considered by a school or institution which provides education and training before entering a written agreement referred to in section 21(2); S. 511(1)(b) repealed by No. 52/1998 s. 242(a)(i), new s. 511(1)(b) inserted by No. 19/2009 s. 21. (b) the form of a notice required to be displayed under section 505B;