Residential Tenancies Act 2010 No 42
Part 1 Preliminary
Division 1 General
1 Name of Act
This Act is the Residential Tenancies Act 2010.
This Act commences on a day or days to be appointed by proclamation.
(1) In this Act:acceptable behaviour agreement—see section 138.apprehended violence order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 and includes a provisional, interim and final apprehended violence order.approved form means the form approved from time to time by the Secretary.Board means the Rental Bond Board constituted under this Act.co-tenant means a tenant who is one of 2 or more tenants under a residential tenancy agreement.Department means the Department of Finance, Services and Innovation.exercise a function includes perform a duty.fixed term agreement means a residential tenancy agreement for a tenancy for a fixed term.function includes a power, authority or duty.give includes cause to give.holding fee means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement.investigator means an investigator appointed under section 18 of the Fair Trading Act 1987.landlord means:(a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or(b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, orand includes a prospective landlord.(c) a tenant who has granted the right to occupy residential premises to a sub-tenant,landlord’s agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for:(a) the letting of residential premises, or(b) the collection of rents payable for any tenancy of residential premises.Note.A person who acts as such an agent is required to be licensed under the Property, Stock and Business Agents Act 2002.periodic agreement means a residential tenancy agreement that is not a fixed term agreement.premises includes a moveable dwelling within the meaning of the Local Government Act 1993.record includes any book, account, document, paper and other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other manner or by any other means.rent means an amount payable by a tenant under a residential tenancy agreement for the right to occupy premises for a period of the agreement.rental bond—see section 157.residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a residence.Note.Land on which there is no residence cannot be subject to a tenancy or other provisions under this Act.residential tenancy agreement—see section 13.residential tenancy database—see section 209.Secretary means:(a) the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or(b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation.sign includes execution by a corporation in any manner permitted by law.—see section 136.—see section 136.—see section 136.tenancy means the right to occupy residential premises under a residential tenancy agreement.tenant means:(a) the person who has the right to occupy residential premises under a residential tenancy agreement, or(b) the person to whom such a right passes by transfer or operation of the law, orand includes a prospective tenant.(c) a sub-tenant of a tenant,termination notice—see section 80.termination order—see section 80.Tribunal means the Civil and Administrative Tribunal.water usage charge for residential premises means that part of a water charge that is based on the volume of water supplied to the premises.Note.The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) Notes included in this Act do not form part of this Act.
4 Act to bind Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
Division 2 Application of Act
6 Act applies to existing and future residential tenancy agreements
This Act applies to residential tenancy agreements in respect of residential premises whether made before or after the commencement of this section.
7 Premises to which Act does not apply
This Act does not apply in respect of the following premises:(a) premises to which the Landlord and Tenant (Amendment) Act 1948 applies,(b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth,(c) serviced apartments, that is, buildings or parts of buildings used to provide self-contained tourist and visitor accommodation that are regularly cleaned by or on behalf of the owner or manager,(d) premises used as a hotel or motel,(e) premises used as a backpackers’ hostel,(f) a hospital or nursing home,(g) any part of a club used for the provision of temporary accommodation,(h) premises used for residential purposes, if the predominant use of the premises is for the purposes of a trade, profession, business or agriculture.
8 Agreements to which Act does not apply
(1) This Act does not apply to the following agreements:(a) occupation agreements to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,(b) residence contracts within the meaning of the Retirement Villages Act 1999,(ba) site agreements within the meaning of the Residential (Land Lease) Communities Act 2013,(c) an agreement under which a person boards or lodges with another person,(d) an agreement under which a person resides in refuge or crisis accommodation of a kind prescribed by the regulations,(e) leases and licences under the Crown Lands Act 1989, the Western Lands Act 1901 or the Crown Lands (Continued Tenures) Act 1989,(f) an agreement for the sale of land that confers a right to occupy residential premises on a party to the agreement,(g) an agreement that arises under a term of a mortgage and confers a right to occupy residential premises on a party to the mortgage,(h) an agreement made for the purpose of giving a person the right to occupy residential premises for a period of not more than 3 months for the purpose of a holiday,(i) an agreement that arises under a company title scheme under which a group of adjoining or adjacent premises is owned or leased by a corporation each of whose shareholders has, by virtue of his or her shares, an exclusive right to occupy one or more of the residential premises,(j) an agreement having a term, together with the term of any further agreement that may be granted under an option in respect of it, that is equal to or exceeds 99 years.(2) (Repealed)
8A Application of Act to premises
This Act applies to any agreement to rent premises anywhere, including in a caravan park regulated under the Local Government Act 1993 or a community within the meaning of the Residential (Land Lease) Communities Act 2013.
9 Employee and caretaker arrangements
(1) An agreement or arrangement under which a person is given the right to occupy premises for the purpose of a residence in return for, or as part of remuneration for, carrying out work in connection with the premises or the person’s employment is taken to be a residential tenancy agreement.(2) This section applies even if the premises are part of premises referred to in section 7 or other premises exempted from this Act by the regulations,(3) However, this section does not apply to a person employed as a manager or another full-time employee in a community within the meaning of the Residential (Land Lease) Communities Act 2013.
10 Application of Act to occupants in shared households
A person who occupies residential premises that are subject to a written residential tenancy agreement, is not named as a tenant in the agreement and who occupies the premises together with a named tenant is a tenant for the purposes of this Act only if:(a) a tenant under that agreement transfers the tenancy to the person or the person is recognised as a tenant (see Part 4), or(b) the person is a sub-tenant of a tenant under a written residential tenancy agreement with that tenant.Note.Boarders and lodgers are not covered by this Act (see section 8 (1) (c)).An occupier may be recognised as a tenant (see sections 77 and 79).
11 Declaration by Tribunal
The Tribunal may, on application by the Secretary or another person, make an order declaring that a specified agreement is, or is not, a residential tenancy agreement to which this Act applies or that specified premises are, or are not, premises to which this Act applies.Note.Under section 195, the Secretary may intervene in proceedings before the Tribunal that are brought by another person.
12 Exemptions from operation of Act
(1) The regulations may exempt from the operation of this Act or the regulations or any specified provision of this Act or the regulations any specified person, agreement or premises or any specified class of persons, agreements or premises.(2) An exemption may be unconditional or subject to conditions.