landlord means— (a) the person by whom premises are let under a tenancy agreement; or (b) the person by whom the premises are to be let under a proposed tenancy agreement; motor vehicle means a motor vehicle within the meaning of the Road Safety Act 1986; s. 3 movable dwelling means a dwelling that is designed to be movable, but does not include a dwelling that cannot be situated at and removed from a place within 24 hours; owner in relation to rented premises, means the owner in fee simple of the premises; S. 3(1) def. of partner inserted by No. 27/2001 s. 3(Sch. 1 item 10.1). partner of a person means the person's spouse or domestic partner; periodic tenancy agreement means a tenancy agreement other than a fixed term tenancy agreement; personal documents means— (a) official documents; or (b) photographs; or (c) correspondence; or (d) any other document which it would be reasonable to expect that a person would want to keep; S. 3(1) def. of prescribed rating system inserted by No. 32/2010 s. 78(2). prescribed rating system, in relation to water appliances, fixtures and fittings, means a system of rating the water efficiency of water appliances, fixtures and fittings that is prescribed;
(ii) are used to accommodate students or staff using the premises referred to in paragraph (a). S. 21(2) inserted by No. 45/2002 s. 9(2). (2) For the purposes of this section, residential premises are formally affiliated with a school or an institution which provides education and training if a written agreement exists between the school or the institution and the owner or operator of the premises to provide accommodation primarily for students enrolled at the school or the institution or staff employed by the school or the institution. S. 21(3) inserted by No. 19/2009 s. 18(1). (3) Before entering a written agreement referred to in subsection (2), a school or institution must consider any prescribed criteria. Note to s. 21 inserted by No. 19/2009 s. 18(2). Note There are offences in sections 505A and 505B in Part 13 relating to this section. S. 22 substituted by No. 45/2002 s. 10. 22 Temporary crisis accommodation s. 22 This Act does not apply to a tenancy agreement or room if the rented premises or room are provided as temporary crisis accommodation. 23 Health or residential services This Act does not apply to a tenancy agreement or room if the rented premises or room are, or are situated in— (a) a health or residential service; or S. 23(b) amended by No. 11/2002 s. 3(Sch. 1 item 56.1). (b) any premises ancillary to a health or residential service and primarily used to accommodate medical, nursing and other staff or any member of the family of a person using that service.
105 Payment of increased rent pending Tribunal decision s. 105 S. 105(1) amended by No. 63/2005 s. 12(1). (1) Pending the Tribunal's decision under section 104 in respect of an increase in rent, the resident must pay, from the time that the proposed increase is to apply— (a) the increased rent specified in the notice under section 101; or (b) 110% of the rent immediately before the notice was given— whichever is less. S. 105(1A) inserted by No. 63/2005 s. 12(2). (1A) Pending the Tribunal's decision under section 104 in respect of a reduction in rent for a shared room, the resident must pay, from the time that the reduced rent is to apply, the reduced rent specified by the rooming house owner in the notice given under section 94B. S. 105(2) amended by No. 63/2005 s. 12(3). (2) If the Tribunal makes an order under section 104 in respect of an increase in rent, it may also order that any excess rent paid by the resident from the time the increase took effect until the date of the order be refunded by the rooming house owner. S. 105(2A) inserted by No. 63/2005 s. 12(4). (2A) If the Tribunal makes an order under section 104 in respect of a reduction in rent for a shared room, it may also order that any excess rent paid by the resident from the date that the relevant increase in room capacity took effect until the date of the order be refunded by the rooming house owner. (3) The order may specify the procedure for the refund to the resident. S. 106 amended by No. 45/2002 s. 35 (ILA s. 39B(1)). 106 Rent must be reduced if services are reduced (1) If a rooming house owner ceases to provide services to a resident, the rooming house owner must reduce the rent by—
(a) the rooming house owner is responsible for the payment of the electricity and gas; and (b) the room is separately metered. S. 108(2) amended by No. 45/2002 s. 36. (2) A charge under subsection (1) must not be more than the charge made by the relevant supplier of the utility. S. 108(3) inserted by No. 63/2005 s. 14. (3) This section does not apply to a resident of a shared room. 109 Schedule of services provided to be given to resident If a rooming house owner charges an amount for services to a resident, the owner must— (a) provide the resident with a separate schedule of the amount relating to the services that the rooming house owner provides before the resident takes up residency of the room; and (b) if the resident uses any of those services, provide the resident with an itemised account showing the resident's individual use of the services. S. 109A inserted by No. 45/2002 s. 37. 109A Director of Housing may impose service charge on resident s. 109 (1) The Director of Housing may impose a service charge on a resident in a rooming house which has been declared to be a rooming house under section 19(2) or (3) for any water, central heating, laundry or utility services or facilities made available to the resident. (2) Subsection (1) only applies if it is not possible or practicable to accurately measure the use by the resident of that service or facility. (3) A service charge may be increased or decreased by an amount in line with changes in the cost of providing the services or facilities.
(ii) to compensate the person to whom the duty is owed; and (d) state that the person in breach must not commit a similar breach again; and S. 208(2)(e) substituted by No. 45/2002 s. 88(a). (e) state that if the notice is not complied with— (i) an application for compensation or a compliance order may be made to the Tribunal; or (ii) if section 240 applies, a notice of intention to vacate may be given; or (iii) if section 249, 283 or 308 (as the case requires) applies, a notice to vacate may be given; and (f) be in writing; and (g) be addressed to the person allegedly in breach of the duty or his or her agent; and S. 208(2)(h) amended by No. 45/2002 s. 88(b). (h) be signed by the person to whom the duty is owed or by that person's agent. s. 209 209 Application for compensation or compliance order for breach of duty If a breach of duty notice is not complied with, the person who gave it may apply to the Tribunal for a compensation order or a compliance order. S. 209A inserted by No. 45/2002 s. 77. 209A Tribunal must hear application urgently The Tribunal must hear an application under section 209 within 5 business days after the application is made if the application relates to—
(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—
S. 368(1) amended by No. 45/2002 s. 91(1). s. 368 (1) A manager of managed premises may give a resident a notice to leave the managed premises immediately if the manager has reasonable grounds to believe that— (a) a serious act of violence by the resident has occurred on the managed premises; or (b) the safety of any person on the managed premises is in danger from the resident. S. 368(2) amended by No. 45/2002 s. 91(1). (2) A manager of managed premises may give a resident's visitor a notice to leave the premises immediately if the manager has reasonable grounds to believe that— (a) a serious act of violence by the visitor has occurred on the managed premises; or (b) the safety of any person on the managed premises is in danger from the resident's visitor. (3) A notice to leave under this section must be in the prescribed form. S. 368(4) inserted by No. 45/2002 s. 91(2). (4) A notice to leave under this section must be given as soon as it is possible for the manager to safely do so after the serious act of violence has occurred or the safety of a person on the premises has been endangered. S. 368A inserted by No. 45/2002 s. 92. 368A Offence to give notice to leave or purported notice to leave without reasonable grounds
(c) no application for a refund of the amount of bond referred to in paragraph (a) is made in accordance with section 413(1) or 413(1A) within 12 months of the date on which the Authority receives the new bond referred to in paragraph (b). (2) The Authority may pay to the Director of Housing the amount of bond referred to in subsection (1)(a). (3) If, after the Authority pays an amount under subsection (2), the Authority holds a remaining amount of bond in relation to the tenancy agreement for which the amount of bond referred to in subsection (1)(a) was paid, the Authority may pay to the tenant the remaining amount of bond. 412 Payment out by agreement s. 412 (1) The Authority must pay an amount of bond in accordance with an application under this section. (2) A landlord and a tenant may apply jointly to the Authority for a refund of the bond paid in respect of a tenancy agreement. S. 412(3) amended by No. 45/2002 s. 73(1). (3) The application must be made in the form and manner approved by the Director. (4) The application may request that the bond be apportioned between the landlord and the tenant. (5) If the bond or part of the bond is to be paid to the landlord, the application must be signed by the tenant not earlier than 7 days before the termination date in respect of the tenancy agreement.
(3) The Tribunal's powers under this section are exercisable by the principal registrar. S. 416 (Heading) inserted by No. 93/2003 s. 13(1). 416 Application to Tribunal by tenant or Director of Housing (1) A tenant may apply to the Tribunal for a determination directing the Authority to pay out an amount of bond to or on account of the tenant if the tenant is unable to obtain the landlord's agreement to make an application to the Authority for a refund. (2) The Tribunal cannot determine an application under this section until the tenant has vacated the rented premises. S. 416(3) amended by No. 93/2003 s. 13(2). (3) An application may be made under this section by the Director of Housing instead of the tenant if an amount of bond was paid on behalf of a tenant by the Director of Housing or an agent of the Director of Housing. 417 Application to Tribunal by landlord s. 417 (1) A landlord may apply to the Tribunal for a determination directing the Authority to pay an amount of bond to or on account of the landlord if— (a) the landlord is unable to obtain the tenant's agreement to make an application to the Authority for a refund; and (b) the landlord considers that the landlord is entitled under section 418 or 419 to a refund of that amount of bond. S. 417(2) amended by No. 45/2002 s. 75. (2) An application under this section must be made within 10 business days after— (a) the tenant delivers up vacant possession of the rented premises; or
The Authority may pay into the Residential Tenancies Fund out of the Residential Bonds Investment Income Account any amount which the Authority determines should be paid into the Residential Tenancies Fund. 438 Borrowing and investment powers of Authority S. 438(1) amended by No. 11/2001 s. 3(Sch. item 63.1). (1) The Authority must open and maintain separate accounts at an authorised deposit-taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth in the State for the purposes of the Residential Bonds Account and the Residential Bonds Investment Income Account. (2) The Authority has the powers conferred on it by the Borrowing and Investment Powers Act 1987. 439 Additional amounts s. 439 (1) The Minister may from time to time make a declaration under this section providing for the payment of an amount or amounts in respect of bonds. (2) Before making a declaration under this section, the Minister must obtain a report of an actuary on the Residential Tenancies Fund. (3) The Minister must not make a declaration under this section except in accordance with the recommendations contained in a report under subsection (2). (4) A declaration made under this section— (a) must be made by a notice published in the Government Gazette; and (b) may provide for the payment of amounts in respect of bonds of a specified class or
(3) A notice to vacate given under Part 6 must be given— s. 506 (a) by delivering it personally to the tenant or resident; or (b) by sending the notice by registered post addressed to the tenant or resident at the rented premises, room or site; or (c) in the manner ordered by the Tribunal. Note to s. 506(3) inserted by No. 45/2002 s. 98. Note The Electronic Transactions () Act 2000 provides for the service of documents by electronic communication in accordance with that Act. S. 506(4) inserted by No. 52/2008 s. 264. (4) If, under this Act, a notice or other document is to be served or given to a person who is a tenant excluded from rented premises under a family violence safety notice or a family violence intervention order, the notice or document must be served or given— (a) by delivering it personally to the person; or (b) by leaving it at the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008 with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post or email to the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008; or (d) by leaving it at the person's last known address (other than a place from which the person is excluded under the Family Violence Protection Act 2008) with a person apparently over the age of 16 years
hear and determine, the person is not entitled to any costs in the proceedings unless the Supreme Court is satisfied that, at the time of making the application, there were reasonable grounds for believing that the Tribunal would not have been entitled to hear and determine the application. S. 510A inserted by No. 52/1998 s. 241. 510A Parties to Tribunal proceedings s. 510A In addition to any other parties, the following are parties to a proceeding in the Tribunal under this Act— (a) a person in relation to whom the application in the proceeding is made; (b) a person whose alleged act or omission forms the basis of the application in the proceeding; (c) a person against whom an order is sought in the proceeding. Pt 13 Div. 2A (Heading and ss inserted by No. 103/2004 s. 65. Division 2A—Infringement Notices S. 510B inserted by No. 103/2004 s. 65. 510B Definitions s. 510B In this Division— authorised officer means— (a) an inspector appointed under the Fair Trading Act 1999;
Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 103) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Consumer Affairs Legislation Amendment Act 2010, No. 1/2010 Assent Date: 9.2.10 Commencement Date: S. 109 on 1.8.10: Government Gazette 22.7.10 p. 1628 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Water Amendment (Entitlements) Act 2010, No. 32/2010 Assent Date: 8.6.10 Commencement Date: Ss 78, 79 on 1.1.11: s. 2(2) : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Fair Trading Amendment (Australian Consumer Law) Act 2010, No. 72/2010 Assent Date: 19.10.10 Commencement Date: S. 48(Sch. item 19) on 1.1.11: Special Gazette (No. 502) 20.12.10 p. 1 : This information relates only to the provision/s amending the Residential Tenancies Act 1997 Residential Tenancies Amendment (Public Housing) Act 2011, No. 18/2011 Assent Date: 31.5.11 Commencement Date: 1.6.11: s. 2 : All of Act in operation Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.