1 Name of Act
2 Commencement
3 Definitions
4 Act to bind Crown
5 Repeals
6 Act applies to existing and future residential tenancy agreements
7 Premises to which Act does not apply
8 Agreements to which Act does not apply
9 Employee and caretaker arrangements
10 Application of Act to occupants in shared households
11 Declaration by Tribunal
12 Exemptions from operation of Act
Part 2 Residential tenancy agreements
Division 1 General provisions relating to agreements
13 Agreements that are residential tenancy agreements
14 Landlord’s obligation to ensure written residential tenancy agreement
15 Standard residential tenancy agreements
16 Written residential tenancy agreements—Tribunal orders
17 Certain unexecuted residential tenancy agreements enforceable
18 Fixed term agreements to continue as periodic agreements after end of fixed term
Division 2 Terms of residential tenancy agreements
19 Prohibited terms
20 Mandatory terms may be varied for long term leases
21 Inconsistent and prohibited terms void
22 Offence relating to terms of residential tenancy agreements
Part 3 Rights and obligations of landlords and tenants
Division 1 Pre-agreement matters
23 Limit on amounts payable by tenant before agreement
24 Holding fees
25 Disputes about holding fees
26 Disclosure of information to tenants generally
27 Names and addresses to be provided
28 Tenant entitled to copy of residential tenancy agreement
29 Condition reports
30 Condition report evidence of condition of premises
31 Remedies for disputes about condition reports
Division 2 Rent and other payments
32 Kinds of payments that tenant may be required to pay for residential tenancy agreement
33 Payment of rent by tenant
34 Acceptance of rent by landlord
35 Manner of payment of rent
36 Rent receipts
37 Rent records
38 Utility charges payable by tenant
39 Water usage charges payable by tenant
40 Payment of rates, taxes and certain utility charges by landlord
41 Rent increases
42 Rent increases under fixed term agreements
43 Rent reductions
44 Tenant’s remedies for excessive rent
45 Remedies for reduction of rent on frustration of residential tenancy agreement
46 Contraventions of rent orders
47 Tenant’s remedies for repayment of rent and excess charges
48 Landlord may recover certain rent expenses
Division 3 Occupation and use of residential premises
49 Occupation of residential premises as residence
50 Tenant’s right to quiet enjoyment
51 Use of premises by tenant
52 Landlord’s general obligations for residential premises
53 Sale of residential premises
54 Liability of tenant for actions of others
Division 4 Landlord’s rights to enter residential premises
55 Access generally by landlord to residential premises without consent
56 Entry with tenant’s consent
57 Limits on entry by landlord or others without consent
58 Duty of tenant to give access to residential premises
59 Landlord must only enter premises in accordance with Division
60 Landlord’s remedies relating to access to premises
61 Tenant’s remedies relating to access to premises
Division 5 Repairs to premises
62 Definitions
63 Landlord’s general obligation
64 Urgent repairs to residential premises
65 Tenants remedies for repairs
Division 6 Alterations and additions to residential premises
66 Tenant must not make alterations to premises without consent
67 Removal of fixtures installed by tenant
68 Tenants’ remedies for alterations
69 Landlords’ remedies for alterations
Division 7 Security and safety of residential premises
70 Locks and other security devices
71 Changes of locks and other security devices
72 Copies of changed locks and other security devices to be given to other party
73 Remedies for security of residential premises
Part 4 Changes of tenant and landlord
74 Transfer of tenancy or sub-letting by tenant
75 Consent to transfer of tenancy or sub-letting
76 Notice of sale of residential premises by landlord
77 Recognition of certain persons as tenants
78 Death of co-tenant
79 Change of tenants after AVO
Part 5 Termination of residential tenancy agreements
Division 1 Termination of residential tenancy agreements generally
80 Definitions
81 Circumstances of termination of residential tenancies
82 Termination notices
83 Termination orders
Division 2 Termination by landlord
84 End of residential tenancy agreement at end of fixed term tenancy
85 Termination of periodic agreement
86 Sale of premises
87 Breach of agreement
88 Termination notices for non-payment of rent
89 Termination and repossession on ground of non-payment of rent
90 Serious damage or injury by tenant or other occupant
91 Use of premises for illegal purposes
92 Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
93 Hardship to landlord
94 Termination of long term tenancies
95 Occupants remaining in residential premises
Division 3 Termination by tenant
96 End of fixed term agreement
97 Termination of periodic agreement by tenant
98 Breach of agreement—termination notice by tenant
99 Rent increases during long-term fixed term leases—termination notice by tenant
100 Early termination without compensation to landlord
101 Termination by co-tenant of own tenancy
102 Termination of agreement or co-tenancies by Tribunal
103 Breach of agreement—termination by Tribunal
104 Hardship to tenant—fixed term agreements
105 Termination by Tribunal on landlord’s application after termination notice given by tenant
Division 4 Abandonment of residential premises
106 Abandoned premises
107 Landlord’s remedies on abandonment
Division 5 Termination by events
108 Death of tenant
109 Agreement frustrated—destruction of, or uninhabitable, premises
110 Tenant may vacate at any time before end of termination notice given by landlord
111 Disputes about termination
112 Withdrawal of termination notices
113 Defects in termination notices
114 Suspension of possession orders
115 Retaliatory evictions
116 Accrual of rent on termination
117 Acceptance of rent after termination notice
118 Other notices
Part 6 Recovery of possession of premises
Division 1 Recovery of possession
119 Prohibition on certain recovery proceedings in courts
120 Repossession of residential premises—offences
121 Enforcement of orders for possession
122 Mortgagee repossessions of rented properties
123 Liability of tenant remaining in possession after termination
124 Notice of proposed recovery of premises by person with superior title
125 Order for tenancy against person with superior title
Division 2 Goods left on residential premises
126 Application and interpretation
127 Disposal notices
128 Perishable goods
129 Storage of goods
130 Disposal of non-perishable goods (other than personal documents)
131 Disposal of personal documents
132 Collection of goods by former tenants or persons entitled to goods
133 Landlord may seek Tribunal direction
134 Orders by Tribunal relating to goods
135 Effect of disposal of goods
Part 7 Social housing tenancy agreements
136 Definitions
137 Application of Part
Division 2 Acceptable behaviour agreements
138 Acceptable behaviour agreements for tenants
Division 3 Water usage charges, rent and other payments
139 Social housing tenants to pay charges for water
140 Payment of debts by social housing tenants
141 Cancellation or reduction of rent rebates
Division 4 Fixed term agreements
142 Extension of social housing tenancies
Division 5 Termination of social housing tenancy agreements—additional grounds
143 Termination notice may be given on ground that tenant not eligible for social housing
144 Eligibility assessments of social housing tenants
145 Review of decision to give notice on ground that tenant not eligible for social housing
146 Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing
147 Termination by Tribunal on eligibility ground
148 Termination notice may be given on ground that tenant offered alternative social housing premises
149 Review of decision to give termination notice on ground that tenant offered alternative social housing premises
150 Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises
151 Termination by Tribunal on alternative premises ground
152 Termination by Tribunal of social housing tenancy agreements for breach
153 Termination notice—acceptable behaviour agreements
154 Termination by Tribunal on behaviour ground
155 Operation of Division
156 Head leases involving social housing providers
157 Definitions
158 Mortgagee in possession may exercise functions
Division 2 Payment and deposit of rental bonds
159 Payment of bonds
160 Other security may not be required
161 One rental bond for each agreement
162 Deposit of rental bonds
Division 3 Release of rental bonds
163 Claims for rental bonds
164 Claim notice to be given to other party
165 Notice to tenants of claims against tenants
166 Matters that may be subject of rental bond claim
167 Payment where no dispute
168 Disputed rental bond claims
169 Appeals may be made despite payment
170 Payment to other persons
171 Payment to Director-General of Department of Human Services
172 Director-General not required to pay excess amount
173 Payment of interest by Director-General on rental bond amounts
174 Repayment of bond to former co-tenant
175 Powers of Tribunal
176 Proof of deposit of bond
177 Constitution of Rental Bond Board
178 Members of Rental Bond Board
179 Delegation
Division 5 Functions of Board relating to residential accommodation
180 Joint ventures for residential accommodation
181 Joint venture powers
182 Investment in residential accommodation unit trusts
183 Guarantees etc by Board
184 Finance
185 Rental Bond Account
186 Rental Bond Interest Account
Division 1 General powers of Tribunal
187 Orders that may be made by Tribunal
188 General order-making power of Tribunal
189 Application of provisions relating to Tribunal
Division 2 Powers of Tribunal relating to breaches of residential tenancy agreements
190 Applications relating to breaches of residential tenancy agreements
191 Matters for consideration by Tribunal in applications relating to security breaches
Division 3 Powers of Director-General in proceedings
192 Director-General may represent persons
193 Director-General may take or defend proceedings
194 Conduct of proceedings by Director-General
195 Intervention by Director-General
Division 1 Powers of investigators
196 Powers of entry and other powers
197 Power of investigator to obtain information, documents and evidence
198 Obstruction of investigator
199 Taking possession of documents to be used as evidence
200 Search warrants
201 Application of Fair Trading Act 1987
202 Nature of proceedings for offences
203 Penalty notices
204 Offences by corporations
205 Aiding and abetting etc
Division 3 Mandatory appointment of agents for landlords
206 Appointment of landlord’s agents
207 Review by Administrative Decisions Tribunal
Division 4 Costs in certain court proceedings
208 Costs in court proceedings
Part 11 Residential tenancy databases
209 Definitions
210 Application of Part
Division 2 Tenancy database information
211 Notice of database and listing
212 Listing can be made only for particular breaches by particular persons
213 Further restriction on listing
214 Ensuring quality of listing—landlord’s and agent’s obligation
215 Ensuring quality of listing—database operator’s obligation
216 Provision of copies of listed personal information
217 Disputes about listings
218 Limit on period of listing
219 Contracting out prohibited
220 Contracts Review Act 1980
221 Tenants’ agents
222 Functions of Director-General
223 Service of notices or other documents
224 Regulations
225 Exclusion of personal liability
226 Savings and transitional provisions
227 Review of Act
Schedule 1 Membership and procedure of Rental Bond Board