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
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35B, 35C (Repealed)
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
80–82 (Repealed)
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)
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
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 2 Savings, transitional and other provisions