Division 1 General provisions relating to
13 Agreements that are residential tenancy
(1) A residential
tenancy agreement is an agreement under which a person grants to
another person for value a right of occupation of residential premises for the
purpose of use as a residence.
(2) A residential tenancy agreement may be express or implied and may
be oral or in writing, or partly oral and partly in
(3) An agreement may be a residential tenancy agreement for the
purposes of this Act even though:
(a) it does not grant a right of exclusive occupation,
(b) it grants the right to occupy residential premises together with
the letting of goods or the provision of services or
Note. See section 8 for agreements that are not covered by this Act.
Section 7 sets out premises not covered by this Act.
(4) For the purpose of determining whether an agreement is a
residential tenancy agreement, it does not matter that the person granted the
right of occupation is a corporation if the premises are used (or intended for
use) as a residence by a natural person.
14 Landlord’s obligation to ensure written residential
(1) The landlord under a residential tenancy agreement must ensure
that the agreement is in writing at the commencement of the
(2) This section does not:
(a) impose any obligation on a tenant to prepare a written residential
tenancy agreement, or
(b) affect the enforceability of a residential tenancy agreement that
is not in writing or is only partly in writing.
(3) If a landlord fails to comply with this section:
(a) the rent under the residential tenancy agreement must not be
increased during the first 6 months of the tenancy, and
(b) the landlord is not entitled to terminate the residential tenancy
agreement under section 85 during the first 6 months of the
Note. The Tribunal may order a landlord to enter into a written
residential tenancy agreement (see section 16).
15 Standard residential tenancy agreements
(1) Standard form may be prescribed
The regulations may prescribe a standard form of residential
(2) The regulations may provide for the following:
(a) the terms of the agreement,
(b) more than one standard form of residential tenancy agreement for
use for different classes of residential premises, agreements or
(c) the addition of clauses to, or the omission or variation of terms
contained in, a standard form of residential tenancy agreement in specified
(d) the application of terms of standard forms of residential tenancy
agreement to agreements entered into before the regulations prescribing those
standard forms took effect.
(3) Terms to be consistent with Act
A standard form of residential tenancy agreement must be
consistent with this Act and the regulations.
(4) Variation of standard form
A residential tenancy agreement for which a standard form is
prescribed may include additional terms, but only if:
(a) the terms do not contravene this Act or the regulations or any
other Act, and
(b) the terms are not inconsistent with the terms set out in the
(5) Residential tenancy agreement taken to include standard
A residential tenancy agreement of a kind for which a standard
form is prescribed is taken to include the terms of the standard
(6) This section is subject to this Act.
Note. Section 20 allows terms otherwise included by this Act to be
excluded or modified in residential tenancy agreements having a fixed term of
20 years or more.
16 Written residential tenancy agreements—Tribunal
(1) The Tribunal may, on application by a tenant, order the landlord
to prepare and enter into a written residential tenancy
(2) The order may:
(a) specify the terms of the agreement, and
(b) specify a commencement date for the agreement that occurred before
the order was made.
(3) The Tribunal may make an order under this section only if it is
satisfied that the landlord and tenant are subject to an existing residential
tenancy agreement that is not in writing or is only partly in writing and that
the tenant is not holding over under a previous written fixed term
17 Certain unexecuted residential tenancy agreements
(1) If a residential tenancy agreement has been signed by a tenant and
given to the landlord or a person on the landlord’s behalf and has not
been signed by the landlord:
(a) acceptance of rent by or on behalf of the landlord without
(b) any other act of part performance of the agreement by or on behalf
of the landlord,
gives to the document the same effect it would have if it had been signed
by the landlord on the first day in respect of which rent was accepted or on
the day on which such an act was first performed.
(2) This section applies despite section 54A of the Conveyancing Act
18 Fixed term agreements to continue as periodic agreements
after end of fixed term
A fixed term agreement that continues after the day on which the
fixed term ends continues to apply:
(a) as if the term of the agreement were replaced by a periodic
(b) on the same terms as immediately before the end of the fixed
Note. A landlord and tenant may also enter a further agreement for a
further fixed term tenancy.