Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
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.