You are using a version of the website built for webcrawlers and people whose devices cannot use javascript.
Some functionality will not be available.
Warning: This page is an archive.
General administrative information and links are not current and should not be used.
Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 23 October 2017 at 15:27)
Part 2 Division 2
Division 2 Terms of residential tenancy agreements
19   Prohibited terms
(1)  A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
(2)  Terms having the following effects must not be included in a residential tenancy agreement:
(a)  that the tenant must have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy,
(b)  that the tenant must take out a specified, or any, form of insurance,
(c)  exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,
(d)  that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
(e)  that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit.
Note.
 Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.
(3)  However, a residential tenancy agreement may include a term that requires the carpet to be professionally cleaned or requires the tenant to pay the cost of such cleaning, at the end of the tenancy, if the landlord permits the tenant to keep an animal on the residential premises.
20   Mandatory terms may be varied for long term leases
(1)  A fixed term agreement for a fixed term of 20 years or more may:
(a)  provide that terms that would otherwise be included in the agreement by this Act or the regulations (mandatory terms) do not apply, or are varied as provided by the agreement, and
(b)  include terms that would otherwise be prohibited by this Act or the regulations.
(2)  However, any such agreement must not exclude or modify any of the following:
(a)  any term included by this Act relating to the payment of rates, taxes and charges by the landlord,
(b)  the prohibition against more than one rent increase a year under a fixed term agreement for a fixed term of more than 2 years,
(c)  any right under this Act to make an application to the Tribunal,
(d)  the grounds on which a residential tenancy agreement may be terminated under this Act,
(e)  any other term prescribed by the regulations for the purposes of this section.
(3)  The Tribunal may, on application by a tenant under a fixed term agreement for a fixed term of 20 years or more, make an order declaring that:
(a)  a mandatory term does form part of the agreement, or
(b)  a prohibited term is not included in an agreement, or
(c)  a mandatory or prohibited term included in the agreement is varied as specified by the declaration.
(4)  The Tribunal may make an order if it is of the opinion that the inclusion or variation of a term, or failure to include a term, is unconscionable, unjust, harsh or oppressive.
(5)  This section has effect despite any other provision of this Act.
21   Inconsistent and prohibited terms void
(1)  A term of a residential tenancy agreement is void to the extent to which it:
(a)  is inconsistent with any term included in the agreement by this Act or the regulations, or
(b)  is prohibited by this Act or the regulations.
(2)  The Tribunal may, on application by a landlord or a tenant, make an order declaring that a term of a residential tenancy agreement is void or partly void if satisfied that the term is inconsistent with any term included in the agreement by this Act or the regulations or is prohibited by this Act or the regulations.
22   Offence relating to terms of residential tenancy agreements
A landlord, or landlord’s agent, must ensure that a written residential tenancy agreement:
(a)  is in the standard form (if any) prescribed by the regulations for the agreement and contains any other terms required to be included by this Act or the regulations, and
(b)  does not contain any terms prohibited by this Act or the regulations.
Maximum penalty: 20 penalty units.