Subdivision 2—Variations or creations of tenancy 197 230 Creation of periodic tenancy 197 231 New tenancy created where head tenancy terminated 198 232 Application to Tribunal for creation of tenancy agreement 198 233 Order of Tribunal 199 233A Application for new tenancy agreement because of final family violence intervention order 200 233B Tribunal orders for application made under section 233A(3) 201 233C Tribunal may determine parties' liability under terminated tenancy agreement 203 233D Cross-examination in proceedings for a new tenancy agreement 204 234 Reduction of fixed term tenancy agreement 204 Subdivision 3—Notice or abandonment by tenant 206 235 Notice of intention to vacate 206 236 Notice to have no effect in certain circumstances 206 237 Reduced period of notice of intention to vacate in certain circumstances 207 238 Premises destroyed or unfit for habitation 208 239 Failure of landlord to comply with Tribunal order 209 240 Successive breaches by landlord 209 241 Order of Tribunal that premises are abandoned 210 242 Abandoned premises and rent in advance 210 Subdivision 4—Notice by landlord, owner or mortgagee 211 243 Damage 211 244 Danger 211 245 Condition of premises 211 246 Non-payment of rent 212 247 Failure to pay bond 212 248 Failure to comply with Tribunal order 212 249 Successive breaches by tenant 212 250 Use of premises for illegal purpose 213 250A Drug-related conduct in public housing 213 250B Prescribed indictable offences in public housing 215 251 Permitting child to reside in premises 215 252 False statement to housing authority 216 253 Assignment or sub-letting without consent 216 254 Landlord's principal place of residence (fixed term tenancy) 216 255 Repairs 218 256 Demolition 218 257 Premises to be used for business 219
Division 2—Regulation of caravan parks and movable dwellings 400 514 Standards regulations 400 515 Registration regulations 401 515A Fire safety and emergency management regulations 402 516 Additional powers 403 Division 3—Application of building and planning laws 404 517 Building provisions 404 518 Planning provisions 404 Division 3A—Fire safety and emergency management procedures 404 518A Definitions 404 518B Provision of fire fighting equipment 405 518C Space around movable dwellings and adjacent structures 405 518D Emergency management plan and emergency procedures 406 518E Public emergency warnings 407 518F Council may issue notice 407 Division 4—Applications and appeals 408 519 Application by caravan park owner for exemption 408 520 Referral of disputes by caravan park owners 408 521 Appeals 409 Division 5—Enforcement 409 522 Compliance notice 409 523 Closure order 409 524 Delegations 410 525 Authorised persons 410 526 Powers of entry and inspection 412 526A Report of inspection 413 527 Proceedings for offences against this Part or the regulations 414 Part 15—Transitional provisions 415 528 Definition of 2005 Act 415 529 Number of occupants of room frozen at Royal Assent 415 530 Rights of existing residents 415 531 Notice to existing residents 416 532 Transitional provisions 417 Schedules 418 Schedule 1—Transitional provisions 418
S. 1(h) amended by No. 67/2010 s. 4(a). (h) to provide for the regulation of caravan parks and movable dwellings; and S. 1(i) inserted by No. 67/2010 s. 4(b). (i) to provide for the regulation of agreements between site owners and site tenants in respect of Part 4A sites and Part 4A dwellings. 2 Commencement (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 January 1999, it comes into operation on that day. 3 Definitions (1) In this Act— S. 3(1) def. of annexe inserted by No. 67/2010 s. 5(1). annexe means a movable dwelling that— (a) is attached to a registrable movable dwelling or unregistrable movable dwelling; and (b) extends the habitable area of that dwelling; S. 3(1) def. of A rating repealed by No. 32/2010 s. 78(1). * * * * * Authority means the Residential Tenancies Bond Authority established under this Act;
S. 3(1) def. of facilities amended by No. 67/2010 s. 5(4). facilities means— (a) land or buildings intended for use for storage space or car parking; (b) laundry facilities; (c) cooking facilities; (d) recreational areas; (e) lifts; (f) garbage storage and disposal facilities; (g) bathroom, toilet and washing facilities; (h) appliances for heating or cooling premises; (i) communications facilities; (j) lawns, gardens and outhouses; (k) stairways; (l) any area designed or set aside for common use by tenants, residents or site tenants— provided for the use of a tenant, resident or site tenant otherwise than as part of the rented premises, room, site or Part 4A site; S. 3(1) defs of family violence intervention order and family violence safety notice inserted by No. 52/2008 s. 257. family violence intervention order and family violence safety notice have the meanings given by the Family Violence Protection Act 2008; S. 3(1) def. of fixed term site agreement inserted by No. 67/2010 s. 5(1). fixed term site agreement means a site agreement for a fixed term;
fixed term tenancy agreement means a tenancy agreement for a fixed term; S. 3(1) def. of GST inserted by No. 67/2010 s. 166. GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth except that it includes notional GST of the kind for which payments may be made under Part 3 of the National Taxation Reform (Consequential Provisions) Act 2000 by a person that is a State entity within the meaning of that Act; guarantee includes indemnity; S. 3(1) def. of health or residential service amended by Nos 48/2006 s. 42(Sch. item 30), 23/2006, s. 248(1), 49/2010 s. 231, 26/2014 s. 455(Sch. item 25). 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 a designated mental health service within the meaning of the Mental Health Act 2014; or (c) premises used for a residential service within the meaning of the Disability Act 2006; or (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; or
S. 3(1) def. of Part 4A dwelling inserted by No. 67/2010 s. 5(1). Part 4A dwelling means a dwelling fully or partially owned by a site tenant— (a) designed, built or manufactured to be transported from one place to another for use as a residence; or (b) any other prescribed Part 4A dwelling— but does not include— (c) a registrable movable dwelling; or (d) a registrable movable dwelling with an annexe attached; or (e) a dwelling that was previously a registrable movable dwelling but that has been modified to the extent that it no longer satisfies the definition of a registrable movable dwelling, unless it was so modified before the commencement of section 5 of the Residential Tenancies Amendment Act 2010; S. 3(1) def. of Part 4A park inserted by No. 67/2010 s. 5(1). Part 4A park means an area of land where— (a) sites of land are available for occupation under a site agreement; and (b) Part 4A dwellings may be situated on those sites; and (c) common areas or facilities are available for the use of a person occupying a Part 4A site— and includes a caravan park if the caravan park contains Part 4A sites; S. 3(1) def. of Part 4A site inserted by No. 67/2010 s. 5(1). Part 4A site means a site that is available for occupation under a site agreement;
(b) a tenant under a tenancy agreement— have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law. (2) Nothing in subsection (1) operates to confer any rights under this Act on an assignee of a tenant if the assignment is not in accordance with this Act. S. 6 amended by No. 6/2008 s. 28 (ILA s. 39B(1)). 6 Tenancy agreements exceeding 5 years (1) This Act does not apply to a tenancy agreement that is a fixed term tenancy agreement if— (a) the fixed term exceeds 5 years; and (b) the agreement does not include a provision enabling the landlord or the tenant to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) before the end of 5 years after the agreement is made. S. 6(2) inserted by No. 6/2008 s. 28. (2) Despite subsection (1), this Act applies to a fixed term tenancy agreement in respect of premises whether or not the initial term of the tenancy agreement exceeds 5 years if— (a) the tenancy agreement or another document gives to the tenant a right, or an option, to purchase the premises; and (b) the tenancy agreement is not a tenancy agreement of a kind referred to in section 13; and (c) the tenancy agreement is entered into after the commencement of section 28 of the Consumer Credit () and Other Acts Amendment Act 2008.
sign of good faith must refund the payment to the tenant— (a) on the agreement being entered into, if it is entered into before the end of 14 days after the day on which the person received the payment; or (b) on the next business day after the end of that period, if the agreement was not entered into within that period. Penalty: 20 penalty units. 51 Certain charges prohibited S. 51(1) amended by No. 67/2010 s. 103. (1) A person must not demand or receive from a tenant a charge or indemnity for a charge in relation to the making, continuation or renewal of a tenancy agreement that is a premium, bonus, commission or key money. Penalty: 20 penalty units. S. 51(2) amended by No. 67/2010 s. 103. (2) A person must not demand or receive from a tenant under a proposed tenancy agreement a charge in relation to the inspection of the premises by a tenant. Penalty: 20 penalty units. S. 51(3) inserted by No. 45/2002 s. 14, amended by No. 67/2010 s. 103. (3) A person must not demand or receive from a tenant a charge or indemnity for a charge in relation to— (a) the first issue of a rent payment card under a tenancy agreement; or (b) the establishment or use of direct debit facilities for payment of rent under a tenancy agreement. Penalty: 20 penalty units.
(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. Penalty: 10 penalty units. S. 100(2) substituted by No. 45/2002 s. 32, amended by No. 67/2010 s. 113. (2) If a person receives a payment of rent from a resident of a rooming house and a written receipt is not required to be given under subsection (1), the person must keep a record of the payment of rent 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. Penalty: 10 penalty units. S. 100(2A) inserted by No. 45/2002 s. 32, amended by No. 67/2010 s. 113. (2A) If a resident of a rooming house requests a copy of a record under subsection (2)(b) before the end of 12 months after making the payment of rent, 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. Penalty: 10 penalty units. S. 100(2B) inserted by No. 45/2002 s. 32. (2B) For the purposes of subsection (2), a record must contain information which enables the details specified in paragraphs (a) to (e) of subsection (3) to be identified. (3) A receipt under this section must be signed by the person who receives the payment and must state— (a) the name of the resident and the rooming house; and
(a) the caravan park owner or the caravan owner; and (b) the resident. (2) Subsection (1) does not apply to— (a) a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the caravan; or (b) a statement with which the resident disagrees under an endorsement on the report. Division 3—Rents and hiring charges 150 Limit on rent or hiring charge in advance S. 150(1) amended by No. 67/2010 s. 123. (1) A caravan park owner must not require a resident to pay rent more than 14 days in advance. Penalty: 20 penalty units. S. 150(2) amended by No. 67/2010 s. 123. (2) A caravan owner must not require a resident to pay a hiring charge more than 28 days in advance. Penalty: 20 penalty units. 151 Receipts for rent or hiring charge S. 151(1) amended by No. 67/2010 s. 124. (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. Penalty: 10 penalty units.
(4) This section does not apply— (a) to equipment or appliances supplied by the resident; or (b) if there is no immediate danger to health and safety and the resident is able to use facilities in the communal areas of the caravan park; or (c) if the caravan is owned by the resident. 189 Application to Tribunal for urgent repairs (1) A resident may apply to the Tribunal for an order requiring the caravan park owner or the caravan park owner's agent or the caravan owner or the caravan owner's agent to carry out specified urgent repairs if— (a) the resident cannot meet the cost of the repairs; or S. 189(1)(b) amended by No. 67/2010 s. 169(2). (b) the repairs cost more than $1000, or if a greater amount is prescribed for the purposes of this section, that prescribed amount, (which includes any amount in respect of any GST payable on the supply to which the urgent repairs relate); or (c) the caravan park owner or caravan owner has refused to pay the cost of the urgent repairs. (2) The Tribunal must hear an application under subsection (1) within 2 business days after the application is made. 190 Application to Director to investigate need for repairs (1) A resident may apply to the Director to investigate whether the caravan park owner or caravan owner is in breach of a duty to ensure the caravan is maintained in good repair if—
tenant considers that the proposed rent is excessive. (2) An application under subsection (1) must be made in writing within 30 days after the notice of the rent increase is given. (3) As soon as practicable after receiving an application, the Director must— (a) carry out an investigation; and (b) give a written report to the site tenant and a copy of the report to the site owner. (4) The report of the Director must— (a) include a statement informing the site tenant of the site tenant's right under section 206X to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in section 206Y(3). S. 206X inserted by No. 67/2010 s. 10. 206X Application to Tribunal about excessive rent (1) After receiving a report from the Director under section 206W, the site tenant may apply to the Tribunal for an order declaring the proposed rent excessive. (2) An application under subsection (1) must be made within 30 days after the site tenant receives the Director's report. S. 206Y inserted by No. 67/2010 s. 10. 206Y What can the Tribunal order? (1) If an application is made under section 206X, the Tribunal may— (a) make an order—
Division 4—Other charges S. 206ZD inserted by No. 67/2010 s. 10. 206ZD Fee for supply of key A site owner may charge a reasonable initial fee for the supply of a key or device enabling a site tenant to gain vehicular access to the Part 4A park. S. 206ZE inserted by No. 67/2010 s. 10. 206ZE Site tenant's liability for electricity, gas and water charges (1) A site tenant is liable for all charges made for the supply or use of electricity, gas, water, drainage and sewerage to a Part 4A site while the site tenant occupies the Part 4A site, if those services are separately metered. (2) A site tenant is liable for all charges in respect of the supply or use of bottled gas at a Part 4A site while the site tenant occupies the Part 4A site. S. 206ZF inserted by No. 67/2010 s. 10. 206ZF Site owner's liability for electricity, gas and water charges A site owner is liable for— (a) the installation costs and charges in respect of the initial connection to a Part 4A site of any electricity, water or gas (including bottled gas) supply service; (b) the cost of all services to a Part 4A site if those services are not separately metered; (c) all charges arising from a water supply service to a separately metered Part 4A site that are not based on the amount of water supplied or used; (d) all charges related to the supply or use of sewerage and drainage services to or at a separately metered Part 4A site that are not based on the extent of use of the services.
(b) the proper use and enjoyment of the Part 4A park by other occupants of the Part 4A park. S. 206ZM inserted by No. 67/2010 s. 10. 206ZM Site tenant must keep site clean (1) A site tenant must keep the Part 4A site clean and tidy. (2) A site tenant must maintain the Part 4A site and his or her Part 4A dwelling in a manner and condition that do not detract from the general standard of the Part 4A park as set by the site owner from time to time. S. 206ZN inserted by No. 67/2010 s. 10. 206ZN Site tenant must not erect structures A site tenant must not erect any structure other than a Part 4A dwelling on the Part 4A site or in the Part 4A park without the prior written consent of the site owner. S. 206ZO inserted by No. 67/2010 s. 10. 206ZO Site tenant must notify site owner of and compensate for damage (1) If any damage other than fair wear and tear is caused to a Part 4A site or any facility in the Part 4A park by the site tenant or his or her visitors, the site tenant must— (a) repair the damage; or (b) notify the site owner of the damage and pay compensation for the damage to the site owner. (2) A site tenant must report to the site owner any damage to or breakdown of communal facilities of which the site tenant has knowledge. S. 206ZP inserted by No. 67/2010 s. 10. 206ZP Number of persons residing on Part 4A site A site tenant must not allow more than the number of persons agreed with the site owner to reside on the Part 4A site.
S. 213A(2)(b) amended by No. 67/2010 s. 18(3). (b) make a determination directing the Authority, on termination of the tenancy agreement or site agreement or when the residency right ends, to pay out an amount of bond to or on account of the landlord, rooming house owner, caravan park owner, site owner or caravan owner (as the case requires) in respect of the rent or hiring charge owing. S. 213B (Heading) amended by No. 67/2010 s. 19(1). S. 213B inserted by No. 45/2002 s. 79, amended by No. 67/2010 s. 19(2) (ILA s. 39B(1)). 213B Application to Tribunal for loss or damage (1) If a possession order is made under Part 7 as a result of a failure by a tenant to pay rent, an application by the landlord to the Tribunal under this Part (other than under section 213A) for payment by the tenant of compensation for loss or damage suffered by the landlord as a result of the failure of the tenant to pay rent must be made within 28 days after the tenant delivers up vacant possession of the rented premises. S. 213B(2) inserted by No. 67/2010 s. 19(2). (2) If a possession order is made under Part 7 as a result of a failure by a site tenant to pay rent, an application by the site owner to the Tribunal under this Part for payment by the site tenant of compensation for loss or damage suffered by the site owner as a result of the failure of the site tenant to pay rent must be made within 28 days after the site tenant delivers up vacant possession of the Part 4A site. 214 Can a person recover compensation under this Part as well as from a bond? (1) A person who has recovered compensation from a bond is not precluded from taking proceedings under this Part to recover an additional amount by way of compensation. S. 214(2) repealed by No. 52/1998 s. 236(j). * * * * *
S. 250A inserted by No. 18/2011 s. 3. 250A Drug-related conduct in public housing (1) The Director of Housing may give a tenant a notice to vacate rented premises of which the Director of Housing is the landlord if the tenant has, on the rented premises or in a common area, illegally— (a) trafficked or attempted to traffick a drug of dependence; or (b) supplied a drug of dependence to a person under 18 years of age; or (c) possessed a preparatory item with the intention of using the item for the purpose of trafficking in a drug of dependence; or (d) possessed, without lawful excuse— (i) a tablet press; or (ii) a precursor chemical; or S. 250A(1)(da) inserted by No. 2/2016 s. 18(1). (da) intentionally caused another person to traffick in a drug of dependence by threatening to harm that person or another person or by using violence against that person or another person; or S. 250A(1)(db) inserted by No. 2/2016 s. 18(1). (db) intentionally permitted another person to use those premises or the common area for— (i) trafficking in a drug of dependence; or (ii) cultivating a drug of dependence; or (e) cultivated or attempted to cultivate a narcotic plant. (2) The notice must specify a termination date that is not less than 14 days after the date on which the notice is given. (3) In this section—
(ii) by another person who normally lives with the landlord and is wholly or substantially dependent on the landlord. (2) The notice must specify a termination date that is not less than 60 days after the date on which the notice is given. 259 Premises to be sold (1) A landlord may give a tenant a notice to vacate rented premises if the premises are immediately after the termination date to be sold or offered for sale with vacant possession. S. 259(2) substituted by No. 45/2002 s. 24. (2) If a landlord has entered into a contract of sale of the rented premises and the contract of sale is subject to one or more conditions which, if not satisfied, entitle a party to the contract to terminate the contract, the landlord may, within 14 days after the last of those conditions is satisfied, give a tenant a notice to vacate the rented premises. S. 259(2A) inserted by No. 45/2002 s. 24. (2A) If a landlord has entered into a contract of sale of the rented premises which is not a contract of sale of the kind referred to in subsection (2), the landlord may, within 14 days after the contract of sale is entered into, give a tenant a notice to vacate the rented premises. (3) A notice under this section must specify a termination date that is not less than 60 days after the date on which the notice is given. 260 Premises required for public purposes (1) A landlord may give a tenant a notice to vacate rented premises if the premises are the property of a public statutory authority authorised to acquire land compulsorily for its purposes and
(a) the Tribunal determines that the caravan may be hired out; or (b) the caravan is vacated under section 312 and the caravan is hired out to a person referred to in that section. 314 Notice for no specified reason (1) A caravan park owner may give a resident a notice to vacate a site without specifying a reason for the giving of the notice. (2) A caravan owner may give a resident a notice to vacate a caravan without specifying a reason for the giving of the notice. S. 314(3) amended by No. 45/2002 s. 57(1). (3) The notice must specify a termination date that is not less than 120 days after the date on which the notice is given. (4) The notice must not specify a termination date that is earlier than— (a) the day specified in an agreement under section 144 as the day on which the term of occupancy is to end; 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 (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.
(b) to recover possession of the Part 4A site; or (c) to give a breach of duty notice under Part 5 that applies to the site agreement. (2) A notice to vacate given under subsection (1) does not have effect unless it specifies a termination date on or after the day on which the site owner's interest in the Part 4A site ends. (3) If an owner exercises a right conferred by subsection (1) in relation to a site agreement, this Division, Part 5 and Part 7 have effect as if a reference to a site owner under a site agreement included a reference to the owner. S. 317ZF inserted by No. 67/2010 s. 22. 317ZF Notice under fixed term site agreement (1) A site owner under a fixed term site agreement may, before the end of the term of the site agreement, give the site tenant a notice to vacate the Part 4A site at the end of the fixed term. (2) The notice to vacate must specify a termination date that is on or after the date of the end of the term. (3) The notice to vacate must specify a termination date that is not less than 365 days after the date on which the notice to vacate is given. S. 317ZG inserted by No. 67/2010 s. 22. 317ZG Notice under periodic site agreement (1) A site owner under a periodic site agreement may give the site tenant a notice to vacate the Part 4A site. (2) The notice to vacate must specify a termination date that is not less than 365 days after the date on which the notice to vacate is given. S. 317ZH inserted by No. 67/2010 s. 22. 317ZH Notice of no effect
S. 331(1)(a)(iii) amended by No. 67/2010 s. 30(1)(a). (iii) in the case of a caravan or site, a notice to vacate given under section 305 or 306; or S. 331(1)(a)(iv) inserted by No. 67/2010 s. 30(1)(b). (iv) in the case of a Part 4A site, a notice to vacate given under section 317ZB in respect of successive breaches by the site tenant of the duty to pay rent; and S. 331(1)(b) amended by No. 67/2010 s. 30(1)(c). (b) the Tribunal considers that satisfactory arrangements have been or can be made to avoid financial loss to the landlord, rooming house owner, caravan park owner, caravan owner or site owner (as the case may be). (2) An adjournment may be on any terms the Tribunal thinks fit. S. 331(3) substituted by No. 45/2002 s. 82. (3) On the resumption of an adjourned hearing, the Tribunal— S. 331(3)(a) amended by No. 67/2010 s. 30(2). (a) may make a possession order if the tenant or site tenant has continued to accrue arrears of rent during the adjournment period; and S. 331(3)(b) amended by No. 67/2010 s. 30(2). (b) must dismiss the application if the tenant or site tenant— (i) has paid all the arrears which were the subject of the original application; and (ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing. 332 Order not to be made in certain circumstances (1) Despite section 330, the Tribunal must not make a possession order if— S. 332(1)(a) amended by No. 67/2010 s. 31(a). (a) the application for the order is supported with a notice to vacate given under section 248, 282, 307 or 317U; and
owner or site owner (as the case may be) may apply to the Tribunal for an order that the tenancy agreement, residency right or site agreement be terminated. S. 374(2) amended by No. 67/2010 s. 41(3). (2) An application under subsection (1) must be made before the end of 2 business days after the suspension of the tenancy agreement, residency right or site agreement. 375 Tribunal must hear application urgently The Tribunal must hear an application under section 374 within 2 business days after the application is made. 376 What can the Tribunal order? (1) After hearing an application under section 374, the Tribunal may— (a) if the Tribunal determines that it was appropriate to give the resident the notice to leave the managed premises— S. 376(1)(a)(i) amended by No. 67/2010 s. 42(2). (i) make an order terminating the tenancy agreement, residency right or site agreement as at the date of that order; or S. 376(1)(a)(ii) amended by No. 67/2010 s. 42. (ii) if the Tribunal is satisfied that the circumstances giving rise to the giving of the notice to leave will not be repeated, order that the suspension of the tenancy agreement, residency right or site agreement cease and that the resident be allowed to resume occupation of the rented premises, room, site or Part 4A site under the tenancy agreement, residency right or site agreement; or
S. 379 def. of stored goods amended by No. 67/2010 s. 47(2). stored goods means— (a) in relation to rented premises in respect of which a tenancy agreement has been terminated, goods left behind on rented premises which are stored in accordance with section 386; (b) in relation to a rooming house, goods left behind in a rooming house, of which a rooming house owner must take reasonable care in accordance with section 387; (c) in relation to a caravan or caravan park, goods left behind in a caravan, of which a caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee must take reasonable care in accordance with section 388; (d) in relation to a Part 4A site, goods left behind on the Part 4A site of which a site owner must take reasonable care in accordance with section 388A. Division 2—Personal documents left behind S. 380 (Heading) inserted by No. 67/2010 s. 48(1). S. 380 amended by No. 67/2010 s. 48(2). 380 What happens if personal documents are left behind? If a tenant, resident or site tenant leaves behind personal documents, the owner of premises— S. 380(a) amended by No. 45/2002 s. 66(a). (a) must take reasonable care of the personal documents for a period of 90 days; and
(b) the disposal of stored goods in accordance with subsection (3). 394 Purchaser takes good title A purchaser of stored goods sold in accordance with this Part has good title unless he or she has notice of— S. 394(a) amended by No. 67/2010 s. 54. (a) a defect in title or want of title in the former tenant, former resident or former site tenant; or (b) a failure of the owner of premises to comply with this Part in relation to the sale of the goods. Division 4—Orders of Tribunal 395 What if proceeds of sale are not sufficient to cover costs? (1) If the proceeds of sale of stored goods are not sufficient to cover the owner of premises' reasonable costs of removal, storage, notification and sale, the owner of premises may apply to the Tribunal for compensation. S. 395(2) amended by No. 67/2010 s. 55. (2) An application under this section must be made within 6 months after the date of termination of the tenancy agreement, residency right or site agreement. S. 395(3) amended by No. 45/2002 s. 69(2). (3) In this section stored goods includes goods stored in reliance on a written statement of the Director under section 385 that in his or her opinion particular goods are goods which may not be removed and destroyed or disposed of under section 384.
S. 424(3) amended by No. 67/2010 s. 151. (3) The landlord must give the tenant under the tenancy agreement a copy of the notice under subsection (1). Penalty: 20 penalty units. 425 Notice of assignment or transfer by tenant S. 425(1) amended by Nos 67/2010 s. 152, 47/2012 s. 27. (1) If a tenant assigns or transfers any of the tenant's rights and duties under a tenancy agreement to another person, the landlord and the tenant and the person to whom the rights and duties are assigned or transferred must notify the Authority in accordance with this section of that assignment or transfer if an amount of bond has been paid in respect of the tenancy agreement. Penalty: 20 penalty units. (2) A notice under subsection (1) must— (a) contain the prescribed information; and (b) be signed by the tenant, the landlord and the person to whom the rights and duties are assigned or transferred; and (c) be given to the Authority within 5 days after the assignment or transfer takes effect. 426 Agent to produce authorisation on request An agent for a landlord must, at the request of the Authority, produce evidence of the agent's authorisation to act as agent under this Part. 427 Authority to record names (1) The Authority must register— S. 427(1)(a) amended by No. 47/2012 s. 28(a). (a) the name of each landlord and tenant who appears on the bond lodgment form for an amount of bond; and
S. 439J inserted by No. 67/2010 s. 90. 439J Notifying relevant non-parties of Tribunal order about listing (1) This section applies if— (a) under section 439M, the Tribunal makes an order that a person must, in relation to a residential tenancy database— (i) amend personal information in a stated way; or (ii) remove all or particular personal information about a person; and (b) the person against whom the order is made (the relevant person) is not a party to the proceeding for the dispute. (2) The Tribunal must ensure a copy of the order is given to the relevant person. S. 439K inserted by No. 67/2010 s. 90. 439K Keeping personal information listed (1) A database operator must not keep personal information about a particular person in the operator's residential tenancy database for longer than— (a) 3 years; or (b) if, under the national privacy principles, the operator of the database is required to remove the personal information before the 3 year period referred to in paragraph (a) ends, the period ending when the information must be removed under the national privacy principles. Penalty: 60 penalty units in the case of a natural person; 300 penalty units in the case of a body corporate.
494 Treasurer's powers and duties in relation to Residential Tenancies Fund The Treasurer— (a) may from time to time invest money in the Residential Tenancies Fund in any manner the Treasurer thinks fit; and (b) must pay into the Residential Tenancies Fund any interest received on the money so invested. 495 Director may authorise payments for research etc. The Director may authorise payment from the Residential Tenancies Fund of financial assistance to government departments, public statutory authorities and other persons engaged in— (a) the provision of information in relation to the provisions of this Act; (b) educating or informing the public in relation to this Act and the services provided under this Act; (c) conducting research into matters relating to tenancy agreements, rooming houses or caravan parks or publishing the results of that research. 496 Loans to tenants and residents from Residential Tenancies Fund (1) A tenant under a proposed tenancy agreement may apply to the Director for financial assistance for the payment of all or part of the bond or the first payment of rent under the tenancy agreement. (2) A person who proposes to be a resident of a rooming house may apply to the Director for financial assistance for the payment of all or part of the bond or the first payment of rent in respect of the residency.
S. 525(4) amended by No. 23/2016 s. 26(6). (4) A Council must issue an identity card to each person authorised by the Council under this section. S. 525(4A) inserted by No. 67/2010 s. 87(4). (4A) The Chief Officer within the meaning of the Country Fire Authority Act 1958 must issue an identity card to each person authorised under subsection (2A). S. 525(4B) inserted by No. 67/2010 s. 87(4). (4B) The Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958 must issue an identity card to each person authorised under subsection (2B). (5) An identity card must— (a) contain a photograph of the authorised person; and (b) contain the signature of the authorised person; and (c) if the identity card is issued by the Secretary, be signed by the Secretary; and S. 525(5)(d) amended by Nos 67/2010 s. 87(5)(a), 23/2016 s. 26(6). (d) if the identity card is issued by a Council, be signed by a member of staff of the Council appointed for the purpose; and S. 525(5)(e) inserted by No. 67/2010 s. 87(5)(b). (e) if the identity card is issued by the Chief Officer within the meaning of the Country Fire Authority Act 1958, be signed by the Chief Officer; and S. 525(5)(f) inserted by No. 67/2010 s. 87(5)(b). (f) if the identity card is issued by the Chief Officer within the meaning of the Metropolitan Fire Brigades Act 1958, be signed by the Chief Officer. (6) An authorised person must—