Long title

Part 1 Preliminary

1 Name of Act

2 Commencement

3 Definitions

4 Crown bound

5 Application of Act

6 Agreements and premises to which Act does not apply

7 Application of Act to moveable dwellings, residential parks and holiday parks

Part 2 Residential tenancy agreements

8 Standard form of residential tenancy agreement

9 Agreements to be in standard form

9A Extension of terms in standard form to existing social housing tenancy agreements

10 Additional terms

11 Terms in Act to prevail

12 Costs of preparation etc of residential tenancy agreement

13 Certain unexecuted residential tenancy agreements enforceable

14 Continuation of fixed term agreements

14A Special provisions relating to social housing tenancies

15 Parties to minimise loss from breach of residential tenancy agreement

16 Applications relating to a breach of residential tenancy agreement

Part 3 Landlords and tenants

Division 1 Rights and obligations

17 Landlord to give tenant copy of residential tenancy agreement

18 Payment of rent

19 Landlord to pay council and water rates, land tax etc

19A Social housing tenants to pay water charges

19B Payment of debts by social housing tenants

20 Legal impediments to occupation as residence

21 Vacant possession

22 Tenant’s right to quiet enjoyment

23 Use of premises by tenant

24 Landlord’s access to residential premises

25 Landlord’s responsibility for cleanliness and repairs

26 Cleanliness, notification of damage to residential premises etc

27 Alterations, additions etc to residential premises

28 Urgent repairs

29 Locks and other security devices

29A Smoke alarms

30 Tenant’s liability for actions of others

31 Certain tenants may appoint agent

32 Changes of name or address

Division 2 Change of landlord or tenant

33 Right to assign rights or sub-let

34 Attornment (ie acknowledgement of purchaser as landlord)

35 Recognition of certain persons as tenants

Division 3 Acceptable behaviour agreements

35A Acceptable behaviour agreements for public housing tenants

35B, 35C (Repealed)

Part 4 Rents

Division 1 General matters

36 Reservation fees

37 Nature of amounts to be paid for agreement

38 Rent in advance

39 Post-dated cheques

40 Rent receipts

41 Rent records

42 Penalty rent terms

43 Premium rent terms

Division 2 Rent increases and excessive rents

44 Application of Division

45 Increase of rent

45A Tenant may apply for refund of overpaid rent

46 Tenant may apply for an order that a rent increase is excessive

47 Tenant may apply for an order that rent is excessive

47A Social housing tenant may apply for an order that rent is excessive

48 Matters to be considered in determining rent applications

49 Orders as to excessive rent increases or rents

50 Payments under separate agreements

51 Interim orders suspending rent increases or rent

52 Contravention of rent order

Part 5 Termination of residential tenancy agreements

Division 1 Termination generally

53 Termination of residential tenancy agreements

54 Apportionment and recovery of rent on termination

55 Breach or notice of termination not waived by acceptance of rent

Division 2 Notices of termination

56 Notice of termination on ground that premises are being sold

57 Notice of termination on ground of breach of agreement

57A (Renumbered as sec 63I)

58 Notice of termination by landlord without any ground

59 Notice of termination by tenant without any ground

60 Notice of termination of fixed term agreement without any ground

61 Notice of termination where agreement frustrated

62 Effect of notice of termination of periodic tenancy

63 Form of notice of termination

Division 2A Special provisions relating to social housing tenancy agreements

63A Operation of Division

63B Notice of termination may be given on ground that tenant not eligible for social housing

63C Eligibility assessments of social housing tenants

63D Review of decision to give notice on ground that tenant not eligible for social housing

63E Time periods to be observed in giving notice of termination on ground that tenant not eligible for social housing

63F Notice of termination may be given on ground that tenant offered alternative social housing premises

63G Review of decision to give notice on ground that tenant offered alternative social housing premises

63H Time periods to be observed in giving notice of termination on ground that tenant offered alternative social housing premises

63I Notice of termination of public housing tenancy agreement—acceptable behaviour agreements

Division 3 Termination of residential tenancy agreements by Tribunal

64 Application to Tribunal by landlord for termination and order for possession

65 Suspension or refusal of orders for termination

66 Tribunal may waive defect in notices

67 Notice of termination not required in certain cases

68 Tribunal may terminate residential tenancy agreement where tenant causes serious damage or injury

68A Tribunal may terminate public housing tenancy agreement for threat, abuse, intimidation or harassment

69 Tribunal may terminate residential tenancy agreement where landlord would otherwise suffer undue hardship

69A Tribunal may terminate residential tenancy agreement where tenant would otherwise suffer undue hardship

70 Tribunal may terminate residential tenancy agreement for breach

Division 4 Recovery of possession of residential premises

71 Prohibition on certain recovery proceedings in courts

71A Mortgagee repossessions of rented properties

72 Recovery of possession of residential premises prohibited except by order

73 Enforcement of orders for possession

74 Liability of tenant remaining in possession

75 Notice of proposed recovery of premises by person with superior title

76 Order for tenancy against person with superior title

Division 5 Abandoned premises and goods

77 Abandoned premises

78 Right of landlord to compensation where tenant abandons premises

79 Goods abandoned by tenant after residential tenancy agreement is terminated

79A Goods left by tenant, but not abandoned, after residential tenancy agreement is terminated

79B Time within which application under section 79 or 79A to be made

Part 6 Powers of Tribunal and Tenancy Commissioner

Division 1

Division 2 Powers of Tribunal

83 Jurisdiction and functions of the Tribunal

84 (Repealed)

85 Orders of the Tribunal

Division 3 Powers of Tenancy Commissioner

86–94 (Repealed)

95 Tenancy Commissioner may represent tenant

96 Tenancy Commissioner may take or defend proceedings

97 Conduct of proceedings by Tenancy Commissioner

98 Intervention by Tenancy Commissioner

99–117 (Repealed)

Part 7 Administration

117A Tenancy Commissioner

117B Staff

118 Functions of Tenancy Commissioner

119 Delegation by Tenancy Commissioner

119A Office and identification of investigator

119B Power of investigator to obtain information, documents and evidence

119C Inspection of documents by Tenancy Commissioner and others

119D Exclusion of personal liability

119E Annual report

Part 8 Miscellaneous

120 Contracting out prohibited

120A Costs in court proceedings

121 Disclosure of information

122, 123 (Repealed)

124 Evidence and proceedings for offences

125 Offences and penalties

126 Contracts Review Act 1980

127 Offences by corporations

128 Offences against this Act

129 (Repealed)

130 Service of documents

131 (Repealed)

132 Exemptions

133 Regulations

134 Repeal of Act No 60, 1986

135, 136 (Repealed)

137 Savings, transitional and other provisions

Schedule 1 (Repealed)

Schedule 2 Savings, transitional and other provisions

Schedule 3 (Repealed)

Schedule 4 Savings, transitional and other provisions

Historical notes