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 14 December 2017 at 07:55)
Part 3
Part 3 Rights and obligations of landlords and tenants
Division 1 Pre-agreement matters
23   Limit on amounts payable by tenant before agreement
(1)  A person must not require or receive from a tenant, before or when the tenant enters into the residential tenancy agreement, a payment other than the following:
(a)  a holding fee,
(b)  rent,
(c)  a rental bond,
(d)  an amount for the fee (if any) payable for registration of a residential tenancy agreement under the Real Property Act 1900.
(2)  Without limiting this section, a person must not require or receive from a tenant an amount for the costs of preparation of a written residential tenancy agreement.
Maximum penalty: 20 penalty units.
24   Holding fees
(1)  A person must not require or receive from a tenant a holding fee unless:
(a)  the tenant’s application for tenancy of the residential premises has been approved by the landlord, and
(b)  the fee does not exceed 1 week’s rent of the residential premises (based on the rent under the proposed residential tenancy agreement).
Note.
 A tenant is defined in this Act as including a prospective tenant.
(2)  A person who receives a holding fee must give the tenant a written receipt setting out the following:
(a)  the amount paid and the date on which it was paid,
(b)  the address of the residential premises,
(c)  the names of the landlord and the tenant.
(3)  If a tenant has paid a holding fee, the landlord must not enter into a residential tenancy agreement for the residential premises with any other person within 7 days of payment of the fee (or within such further period as may be agreed with the tenant) unless the tenant notifies the landlord that the tenant no longer wishes to enter into the residential tenancy agreement.
(4)  A holding fee may be retained by the landlord only if the tenant enters into the residential tenancy agreement or refuses to enter into the residential tenancy agreement.
(5)  Despite subsection (4), a holding fee must not be retained by the landlord if the tenant refuses to enter into the residential tenancy agreement because of a misrepresentation or failure to disclose a material fact by the landlord or landlord’s agent.
(6)  If a residential tenancy agreement is entered into after payment of a holding fee, the fee must be paid towards rent.
Maximum penalty: 20 penalty units.
25   Disputes about holding fees
(1)  The Tribunal may, on application by a person who has paid, or required or received payment of, a holding fee, make an order in relation to the payment or repayment of the fee.
(2)  A person may make an application under this section whether or not the prospective residential tenancy agreement was executed.
26   Disclosure of information to tenants generally
(1) False representations A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.
(2) Disclosure of sale, mortgagee actions A landlord or landlord’s agent must disclose the following to the tenant before the tenant enters into the residential tenancy agreement:
(a)  any proposal to sell the residential premises, if the landlord has prepared a contract for sale of the residential premises,
(b)  that a mortgagee is taking action for possession of the residential premises, if the mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.
(3)  Subsection (2) does not apply to a landlord’s agent unless the agent is aware of the matters required to be disclosed.
(4) Information statement to be given A landlord or landlord’s agent must give a tenant an information statement in the approved form before the tenant enters into the residential tenancy agreement.
Maximum penalty: 20 penalty units.
27   Names and addresses to be provided
(1)  A landlord must give the tenant written notice of the following matters before or when the tenant enters into the residential tenancy agreement or include the following matters in the agreement:
(a)  the name, telephone number and business address of the landlord’s agent (if any) and the name and telephone number or other contact details of the landlord,
(b)  if there is no landlord’s agent, the business address, or residential address, and telephone number, of the landlord,
(c)  if the landlord is a corporation, the name and the business address of the corporation.
(2)  A landlord must notify the tenant in writing within 14 days of any change during the residential tenancy agreement in the information provided under this section.
(3)  This section is a term of every residential tenancy agreement.
28   Tenant entitled to copy of residential tenancy agreement
(1)  The landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement before or when the tenant gives the signed copy of the agreement to the landlord or landlord’s agent.
(2)  If that copy is not signed by the landlord, the landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement signed by both the landlord and tenant, as soon as practicable after it is so signed.
Maximum penalty: 20 penalty units.
29   Condition reports
(1)  A condition report relating to the condition of residential premises on a day specified in the report must be completed by or on behalf of a landlord before or when the residential tenancy agreement is given to the tenant for signing.
(2)  Two copies of the condition report must be given by the landlord or landlord’s agent to the tenant before or when the tenant signs the residential tenancy agreement.
(3)  The tenant must complete and give one copy of the condition report to the landlord or landlord’s agent not later than 7 days after receiving it and both the landlord and the tenant must retain a copy of the report.
(4)  At, or as soon as reasonably practicable after, the termination of a residential tenancy agreement, the landlord or landlord’s agent and the tenant must complete the copy of the condition report retained by the landlord or the tenant under this section, in the presence of the other party.
(5)  It is not a breach of subsection (4) for the condition report to be completed in the absence of the other party if the party completing the report has given the other party a reasonable opportunity to be present when it is completed.
(6)  A condition report is to be in the form prescribed by the regulations and may be included in a prescribed standard form of residential tenancy agreement.
30   Condition report evidence of condition of premises
(1)  A condition report that is signed by both the landlord and the tenant is presumed to be a correct statement, in the absence of evidence to the contrary, of the state of repair or general condition of the residential premises on the day specified in the report.
(2)  This section does not apply:
(a)  to any matter that could not have reasonably been discovered on a reasonable inspection of the premises, or
(b)  to any statement in the report about which the tenant makes a written dissenting comment on the copy of the report completed by the tenant and retained by the landlord.
31   Remedies for disputes about condition reports
The Tribunal may, on application by a landlord or tenant, make the following orders:
(a)  an order that a condition report must be amended,
(b)  an order that a condition report is not required to be amended.
Division 2 Rent and other payments
32   Kinds of payments that tenant may be required to pay for residential tenancy agreement
A person must not require or receive from a tenant any payment for or in relation to renewing, extending or continuing a residential tenancy agreement, other than the following:
(a)  rent,
(b)  a rental bond,
(c)  any other amounts or fees prescribed by the regulations.
Maximum penalty: 20 penalty units.
33   Payment of rent by tenant
(1)  A tenant must pay the rent under a residential tenancy agreement on or before the day set out in the agreement.
(2)  A landlord, or landlord’s agent, must not require a tenant to pay more than 2 weeks rent in advance under a residential tenancy agreement or to pay rent for a period of the tenancy before the end of the previous period for which rent has been paid.
Note.
 A tenant may pay more than 2 weeks rent if the tenant wishes to do so.
Maximum penalty: 10 penalty units.
(3)  A landlord, or landlord’s agent, must not knowingly appropriate rent paid by the tenant for the purpose of any amount payable by the tenant other than rent.
Maximum penalty: 10 penalty units.
(4)  This section is a term of every residential tenancy agreement.
34   Acceptance of rent by landlord
(1)  A landlord must accept payment of unpaid rent by a tenant if:
(a)  the landlord has given a termination notice on the ground of failure to pay rent under the residential tenancy agreement, and
(b)  the tenant has not vacated the residential premises.
Maximum penalty: 10 penalty units.
Note.
 A residential tenancy agreement may generally not be terminated by the Tribunal, or possession of residential premises be recovered, on the ground of failure to pay rent if the tenant repays the rent or complies with an agreement to do so (see section 89).
(2)  This section is a term of every residential tenancy agreement.
35   Manner of payment of rent
(1)  A landlord, landlord’s agent or other person must not require a tenant to pay rent by a cheque or other negotiable instrument that is post-dated.
Maximum penalty: 10 penalty units.
(2)  A landlord or landlord’s agent must permit a tenant to pay the rent by at least one means for which the tenant does not incur a cost (other than bank fees or other account fees usually payable for the tenant’s transactions) and that is reasonably available to the tenant.
Maximum penalty: 10 penalty units.
(3)  A landlord and the tenant may, by agreement, change the manner in which rent is payable under the residential tenancy agreement.
(4)  This section is a term of every residential tenancy agreement.
36   Rent receipts
(1)  If rent under a residential tenancy agreement is paid in person (other than by cheque), the person who receives the payment must, when the payment is made, give the person making the payment a rent receipt.
(2)  If rent under a residential tenancy agreement is paid by cheque, the person who receives the payment must make the receipt available for collection by the tenant or post it to the residential premises.
(3)  A rent receipt is a receipt that contains the following matters:
(a)  the name of the person who receives the rent or on whose behalf the rent is received,
(b)  the name of the person paying the rent or on whose behalf the rent is paid,
(c)  the address of the residential premises for which the rent is paid,
(d)  the period for which the rent is paid and the date up to which the rent is paid,
(e)  the date on which the rent is paid,
(f)  the amount of rent paid.
(4)  This section does not apply to the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
Maximum penalty: 10 penalty units.
37   Rent records
(1)  A landlord or landlord’s agent must keep a record of rent received under a residential tenancy agreement (a rent record).
(2)  A rent record may be kept in any form, and must contain any particulars, prescribed by the regulations for the purposes of this section.
(3)  A landlord or landlord’s agent must, within 7 days of a written request by the tenant, provide a written statement setting out the particulars of the rent record for a specified period.
(4)  This section does not require a landlord or landlord’s agent to provide a written statement for a period to a person if the landlord or agent has previously provided a written statement for the same period to the person.
(5)  Subsections (3) and (4) are terms of every residential tenancy agreement.
38   Utility charges payable by tenant
(1)  A tenant must pay the following charges for the residential premises:
(a)  all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises if the premises are separately metered,
(b)  all charges for the supply of bottled gas to the tenant at the residential premises,
(c)  all charges for pumping out a septic system used for the residential premises,
(d)  any excess garbage charges relating to the tenant’s use of the residential premises,
(e)  any other charges prescribed by the regulations.
(2)  This section is a term of every residential tenancy agreement.
39   Water usage charges payable by tenant
(1)  A tenant must pay the water usage charges for the residential premises, but only if:
(a)  the premises are separately metered or the premises are not connected to a water supply service and water is delivered to the premises by vehicle, and
(b)  the premises contain water efficiency measures prescribed by the regulations for the purposes of this section, and
(c)  the charges do not exceed the amount payable by the landlord for water used by the tenant.
(2)  A tenant is not required to pay the water usage charges unless the landlord gives the tenant a copy of the part of the water supply authority’s bill setting out the charges, or other evidence of the cost of water used by the tenant.
(3)  A landlord must give the tenant not less than 21 days to pay the water usage charges.
(4)  A tenant is not required to pay the water usage charges if the landlord fails to request payment from the tenant within 3 months of the issue of the bill for those charges by the water supply authority.
(5)  Subsection (4) does not prevent a landlord from taking action to recover an amount of water usage charges later than 3 months after the issue of a bill for those charges, if the landlord first sought payment of the amount within 3 months after the issue of the bill.
(6)  A landlord must ensure that the tenant receives the benefit of, or an amount equivalent to, any rebate received by the landlord in respect of any water usage charges payable or paid by the tenant.
Note.
 Tenants under social housing tenancy agreements may be subject to different provisions in relation to the payment of charges for water usage (see Division 3 of Part 7).
(7)  This section is a term of every residential tenancy agreement.
40   Payment of rates, taxes and certain utility charges by landlord
(1)  A landlord must pay the following charges for the residential premises:
(a)  rates, taxes or charges payable under any Act (other than charges payable by the tenant under this Division),
(b)  the installation costs and charges for initial connection to the residential premises of an electricity, water, gas, bottled gas or oil supply service,
(c)  all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises that are not separately metered,
(d)  the costs and charges for the supply or hire of gas bottles for the supply of bottled gas at the commencement of the tenancy,
(e)  all charges (other than water usage charges) in connection with a water supply service to separately metered residential premises,
(f)  all charges in connection with a water supply service to residential premises that are not separately metered,
(g)  all charges for the supply of sewerage services (other than for pump out septic services) or the supply or use of drainage services to the residential premises,
(h)  any other charges prescribed by the regulations.
(2)  This section is a term of every residential tenancy agreement.
41   Rent increases
(1)  The rent payable under a residential tenancy agreement may be increased only if:
(a)  the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
(b)  the notice is given at least 60 days before the increased rent is payable.
(2)  This section extends to an increase in the rent payable under a residential tenancy agreement on renewal of the agreement as if the increase were an increase during the term of the agreement.
Note.
 Notice of a rent increase on renewal is required under subsection (1) before the lease is renewed.
(3)  A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal.
(4)  The residential tenancy agreement is varied to specify the increased rent from the date the rent is increased in accordance with this section.
(5)  Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
(6)  Notice of a rent increase may be cancelled or varied (so as to reduce the increase) by a subsequent written notice given to the tenant by or on behalf of the landlord. Any such later notice takes effect from the date on which the earlier notice was to take effect.
(7)  Notice of a rent increase is not required to be given by a landlord or landlord’s agent if the increase arises because of the end of, or a reduction in, a rent reduction.
(8)  Subsections (1)–(7) are terms of every residential tenancy agreement.
(9)  A landlord or landlord’s agent must not contravene this section.
Maximum penalty: 20 penalty units.
(10)  The Tribunal must not make an order that a rent increase is not payable because this section has not been complied with unless the application for the order is made not later than 12 months after the rent is increased. If an application has not been made within that 12-month period, the rent increase is taken to comply with this section.
42   Rent increases under fixed term agreements
(1)  The rent payable under a fixed term agreement for a fixed term of less than 2 years must not be increased during the fixed term unless the agreement specifies the increased rent or the method of calculating the increase.
(2)  The rent payable under a fixed term agreement for a fixed term of 2 years or more:
(a)  must not be increased more than once in any period of 12 months, and
(b)  may be increased whether or not the agreement specifies the increased rent or the method of calculating the increase.
(3)  A landlord or landlord’s agent must not increase the rent payable under a fixed term agreement in contravention of this section.
Maximum penalty: 20 penalty units.
43   Rent reductions
(1) Reduction in goods, services or facilities The tenant may make a written request to the landlord at any time for a reduction in rent if the landlord reduces or withdraws any goods, services or facilities provided with the residential premises, even if those goods, services or facilities are provided under a separate or a previous contract, agreement or arrangement.
(2) Premises unusable The rent payable under a residential tenancy agreement abates if residential premises under a residential tenancy agreement are:
(a)  otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable, or
(b)  cease to be lawfully usable as a residence, or
(c)  appropriated or acquired by any authority by compulsory process.
(3) Access to purchasers The landlord and tenant may agree to reduce the rent payable for premises during periods when access to the residential premises is required to be given to prospective purchasers of the premises.
(4) Effect of section This section does not limit the rights of landlords and tenants to agree to reduce the rent payable under a residential tenancy agreement.
(5)  This section is a term of every residential tenancy agreement.
44   Tenant’s remedies for excessive rent
(1) Excessive rent orders The Tribunal may, on the application of a tenant, make any of the following orders:
(a)  an order that a rent increase under an existing or proposed residential tenancy agreement is excessive and that, from a specified day, the rent for residential premises must not exceed a specified amount,
(b)  an order that rent payable under an existing or proposed residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods, services or facilities provided with the residential premises and that, from a specified day, the rent for residential premises must not exceed a specified amount.
(2) Time limit for excessive rent increase applications An application for an order that a rent increase is excessive must be made within the period prescribed by the regulations after notice of the increase is given.
(3) Applications on withdrawal of goods or services A tenant may, before the end of a tenancy, make an application that the rent is excessive, having regard to the reduction or withdrawal of any goods, services or facilities provided with the residential premises, even if those goods, services or facilities were provided under a separate or a previous contract, agreement or arrangement.
(4) Determination of excessive rent For the purposes of making an order under this section, the Tribunal may declare that amounts payable under a contract, agreement or arrangement under which goods, services or facilities are provided to the tenant are rent.
(5)  The Tribunal may have regard to the following in determining whether a rent increase or rent is excessive:
(a)  the general market level of rents for comparable premises in the locality or a similar locality,
(b)  the landlord’s outgoings under the residential tenancy agreement or proposed agreement,
(c)  any fittings, appliances or other goods, services or facilities provided with the residential premises,
(d)  the state of repair of the residential premises,
(e)  the accommodation and amenities provided in the residential premises,
(f)  any work done to the residential premises by or on behalf of the tenant,
(g)  when the last increase occurred,
(h)  any other matter it considers relevant (other than the income of the tenant or the tenant’s ability to afford the rent increase or rent).
(6) Effect of excessive rent order An order by the Tribunal specifying a maximum amount of rent:
(a)  has effect for the period (of not more than 12 months) specified by the Tribunal, and
(b)  binds only the landlord and tenant under the residential tenancy agreement or proposed residential tenancy agreement under which the rent is payable.
Note.
 A tenant under a social housing tenancy agreement may also apply for an order that rent is excessive if a rent rebate is cancelled (see section 141 (1)).
45   Remedies for reduction of rent on frustration of residential tenancy agreement
(1)  The Tribunal may, on application by the landlord or tenant, make an order determining the amount of rent payable if the rent is abated under section 43 (2).
(2)  The Tribunal may order that:
(a)  from a specified day, the rent for the residential premises must not exceed a specified amount, and
(b)  the landlord must repay to the tenant any rent paid by the tenant since the specified day that is in excess of the specified amount.
Note.
 The residential tenancy agreement may also be terminated in these circumstances (see section 109).
46   Contraventions of rent order
(1)  A person must not demand, require or receive any rent from a tenant exceeding an amount specified by the Tribunal.
Maximum penalty: 20 penalty units.
(2)  A court before which proceedings for an offence under this section have been brought, or the Tribunal, on application by a tenant, may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the tenant against whom the offence was committed an amount equal to the amount of any rent unlawfully received from the tenant.
47   Tenant’s remedies for repayment of rent and excess charges
(1) Requests to landlord A tenant may make a written request to the landlord that the landlord repay to the tenant any rent, or other amounts, paid by the tenant that are not required to be paid under this Act or the residential tenancy agreement.
(2)  A request may be made during or after the termination of a residential tenancy agreement.
(3)  A landlord must, within 14 days of a written request by a tenant, repay to the tenant the amount of any rent or other amount paid in excess of the amount payable by the tenant under this Act or the residential tenancy agreement.
(4) Tribunal orders A tenant may apply to the Tribunal for an order for the repayment of rent or any other amount paid by the tenant if a written request by the tenant for payment is not complied with by the landlord within 14 days.
(5)  The Tribunal may order that rent or any other amount be repaid to the tenant if it finds that the rent or amount was not required to be paid by the tenant under this Act or the residential tenancy agreement.
48   Landlord may recover certain rent expenses
(1)  A tenant must, at the written request of the landlord, pay to the landlord the following amounts:
(a)  the cost of replacing rent deposit books or rent cards lost by the tenant,
(b)  the amount of any fees paid to an authorised deposit-taking institution by the landlord as a result of funds of the tenant not being available for rent payment on the due date (such as fees for dishonoured cheques or other account fees).
(2)  This section has effect despite any other provision of this Division.
(3)  This section is a term of every residential tenancy agreement.
Division 3 Occupation and use of residential premises
49   Occupation of residential premises as residence
(1)  A landlord must take all reasonable steps to ensure that, at the time of entering into the residential tenancy agreement, there is no legal impediment to the occupation of the residential premises as a residence for the period of the tenancy.
(2)  A landlord must ensure that the tenant has vacant possession of any part of the residential premises to which the tenant has a right of exclusive possession on the day on which the tenant is entitled to occupy those premises under the residential tenancy agreement.
(3)  This section is a term of every residential tenancy agreement.
50   Tenant’s right to quiet enjoyment
(1)  A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
(2)  A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
Maximum penalty: 10 penalty units.
(3)  A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
(4)  This section is a term of every residential tenancy agreement.
51   Use of premises by tenant
(1)  A tenant must not do any of the following:
(a)  use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
(b)  cause or permit a nuisance,
(c)  interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
(d)  intentionally or negligently cause or permit any damage to the residential premises,
(e)  cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
(2)  A tenant must do the following:
(a)  keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(b)  notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
(3)  On giving vacant possession of the residential premises, the tenant must do the following:
(a)  remove all the tenant’s goods from the residential premises,
(b)  leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
(c)  leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
(d)  remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
(e)  return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
(4)  In this section:
residential premises includes everything provided with the residential premises (whether under the residential tenancy agreement or not) for use by the tenant.
(5)  This section is a term of every residential tenancy agreement.
52   Landlord’s general obligations for residential premises
(1)  A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.
(2)  A landlord must not interfere with the supply of gas, electricity, water, telecommunications services or other services to the residential premises unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
(3)  A landlord must comply with the landlord’s statutory obligations relating to the health or safety of the residential premises.
Note.
 Such obligations include obligations relating to swimming pools under the Swimming Pools Act 1992.
(4)  This section is a term of every residential tenancy agreement.
53   Sale of residential premises
(1)  A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.
(2)  A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
(3)  A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
(4)  A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.
(5)  This section is a term of every residential tenancy agreement.
54   Liability of tenant for actions of others
(1)  A tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry without the tenant’s consent) that would have been a breach of the residential tenancy agreement if it had been an act or omission by the tenant.
(2)  This section is a term of every residential tenancy agreement.
Division 4 Landlord’s rights to enter residential premises
55   Access generally by landlord to residential premises without consent
(1)  A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances:
(a)  in an emergency,
(b)  to carry out urgent repairs,
(c)  if the landlord, landlord’s agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord’s agent or person believes is on the residential premises,
(d)  if the landlord forms a reasonable belief that the residential premises have been abandoned,
(e)  in accordance with an order of the Tribunal.
(2)  A landlord, the landlord’s agent or any other person authorised by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances:
(a)  to inspect the residential premises, not more than 4 times in any period of 12 months, if the tenant has been given not less than 7 days written notice each time,
(b)  to carry out or assess the need for necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days notice each time,
(c)  to carry out, inspect or assess the need for work for the purpose of compliance with the landlord’s statutory obligations relating to the health or safety of the residential premises, if the tenant has been given not less than 2 days notice each time,
(d)  to value the property, not more than once in any period of 12 months, if the tenant is given not less than 7 days notice each time,
(e)  to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,
(f)  if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.
(3)  This section does not apply to any part of premises to which the tenant does not have the right of exclusive occupation.
(4)  This section is a term of every residential tenancy agreement.
56   Entry with tenant’s consent
(1)  The landlord, the landlord’s agent or any other person authorised by the landlord may enter the residential premises at any time during the residential tenancy agreement with the consent of the tenant.
(2)  This section is a term of every residential tenancy agreement.
57   Limits on entry by landlord or others without consent
(1)  A landlord, the landlord’s agent or other person who enters residential premises under a right to enter the premises without the consent of the tenant:
(a)  must enter the premises between the hours of 8.00 am and 8.00 pm, and
(b)  must not enter on a Sunday or a public holiday, and
(c)  must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the residential premises, and
(d)  must, if practicable, notify the tenant of the proposed time and day of entry.
(2)  A person authorised by the landlord or landlord’s agent must not enter residential premises under a right to enter the premises without the consent of the tenant unless:
(a)  the person first obtains the written consent of the landlord or landlord’s agent, and
(b)  the person produces the consent to the tenant if the tenant is at the premises.
(3)  This section does not apply to entry:
(a)  as agreed with the tenant, or
(b)  in an emergency, or
(c)  to carry out urgent repairs, or
(d)  if the landlord forms a reasonable belief that the premises have been abandoned, or
(e)  in accordance with an order of the Tribunal.
(4)  This section is a term of every residential tenancy agreement.
58   Duty of tenant to give access to residential premises
(1)  A tenant must permit a landlord, landlord’s agent or other person exercising a right of access to the residential premises in accordance with this Division to have access to the premises.
(2)  This section is a term of every residential tenancy agreement.
59   Landlord must only enter premises in accordance with Division
(1)  A landlord, the landlord’s agent or other person authorised by the landlord must not enter the residential premises during the residential tenancy agreement, except in accordance with this Division.
Maximum penalty: 20 penalty units.
(2)  This section is a term of every residential tenancy agreement.
60   Landlord’s remedies relating to access to premises
(1)  The Tribunal may, on application by a landlord, make any of the following orders:
(a)  an order authorising the landlord or any other person to enter the residential premises for a purpose permitted under this Division,
(b)  an order authorising the landlord or any other person to enter the residential premises for the purposes of showing the residential premises to prospective purchasers on a periodic basis,
(c)  an order authorising the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached a term of the residential tenancy agreement.
(2)  The order may specify the days and times, and purposes for which, entry to the residential premises is authorised.
61   Tenant’s remedies relating to access to premises
(1)  The Tribunal may, on application by a tenant, make an order specifying or limiting the days and times, and purposes for which, entry to the residential premises by a landlord, landlord’s agent, agent for the sale of the residential premises or other persons is authorised.
(2)  The Tribunal may, on application by a tenant, order the landlord or the landlord’s agent to pay compensation to the tenant for damage to or loss of the tenant’s goods caused by any person in the exercise of a power of the landlord or landlord’s agent to enter residential premises under this Act or the residential tenancy agreement.
Division 5 Repairs to premises
62   Definitions
In this Division:
residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
urgent repairs means any work needed to repair any one or more of the following:
(a)  a burst water service,
(b)  an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
(c)  a blocked or broken lavatory system,
(d)  a serious roof leak,
(e)  a gas leak,
(f)  a dangerous electrical fault,
(g)  flooding or serious flood damage,
(h)  serious storm or fire damage,
(i)  a failure or breakdown of the gas, electricity or water supply to the residential premises,
(j)  a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating, cooling or laundering,
(k)  any fault or damage that causes the residential premises to be unsafe or insecure,
(l)  any other damage prescribed by the regulations,
but does not include work needed to repair premises that are owned by a person other than the landlord or a person having superior title (such as a head landlord) to the landlord.
63   Landlord’s general obligation
(1)  A landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
(2)  A landlord’s obligation to provide and maintain the residential premises in a reasonable state of repair applies even though the tenant had notice of the state of disrepair before entering into occupation of the residential premises.
(3)  A landlord is not in breach of the obligation to provide and maintain the residential premises in a reasonable state of repair if the state of disrepair is caused by the tenant’s breach of this Part.
(4)  This section is a term of every residential tenancy agreement.
64   Urgent repairs to residential premises
(1)  A landlord must, not later than 14 days after being given a written notice from the tenant, reimburse the tenant for the reasonable costs of making urgent repairs to the residential premises.
(2)  A landlord is required to reimburse the costs only if:
(a)  the state of disrepair did not result from a breach of the residential tenancy agreement by the tenant, and
(b)  the tenant gave the landlord or the landlord’s agent notice of the state of disrepair or made a reasonable attempt to do so, and
(c)  the tenant gave the landlord or landlord’s agent a reasonable opportunity to make the repairs, if notice was given, and
(d)  the tenant has made a reasonable attempt to arrange for a licensed or otherwise properly qualified person nominated in the residential tenancy agreement to carry out the repairs, if such a person is so nominated, and
(e)  the repairs were carried out, if appropriate, by licensed or otherwise properly qualified persons, and
(f)  as soon as practicable after the repairs were carried out, the tenant gave the landlord or landlord’s agent, or made a reasonable attempt to give the landlord or landlord’s agent, a written notice setting out details of the repairs and the costs of the repairs, together with the receipts or copies of receipts for costs paid by the tenant.
(3)  The maximum amount that a tenant is entitled to be reimbursed under this section is $1,000 or such other amount as may be prescribed by the regulations.
(4)  Nothing in this section prevents a tenant, with the consent of the landlord, from making repairs to the residential premises and being reimbursed for the costs of those repairs.
(5)  This section is a term of every residential tenancy agreement.
65   Tenants remedies for repairs
(1) Orders for which tenant may apply The Tribunal may, on application by a tenant, make any of the following orders:
(a)  an order that the landlord carry out specified repairs,
(b)  an order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant.
(2) Orders for repairs The Tribunal may make an order that the landlord carry out specified repairs only if it determines that the landlord has breached the obligation under this Act to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
(3)  The Tribunal must not determine that a landlord has breached the obligation unless it is satisfied that:
(a)  the landlord had notice of the need for the repair or ought reasonably to have known of the need for the repair, and
(b)  the landlord failed to act with reasonable diligence to have the repair carried out.
(4) Reimbursement for urgent repairs The Tribunal may order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant if it is satisfied that the landlord has failed to reimburse the tenant for the costs in accordance with this Division.
(5) Payment of rent into Tribunal The Tribunal may order that all or part of the rent payable under a residential tenancy agreement be paid into the Tribunal until an order under this section has been complied with.
Division 6 Alterations and additions to residential premises
66   Tenant must not make alterations to premises without consent
(1)  A tenant must not, without the landlord’s written consent or unless the residential tenancy agreement otherwise permits, install or cause to be installed a fixture or make or cause to be made any renovation, alteration or addition to the residential premises.
(2)  A landlord must not unreasonably withhold consent to a fixture, or to an alteration, addition or renovation that is of a minor nature.
(3)  A landlord may withhold consent to any other action by the tenant that is permitted under this section whether or not it is reasonable to do so.
(4)  A fixture installed by or on behalf of the tenant, or any renovation, alteration or addition to the residential premises by or on behalf of the tenant, is to be at the cost of the tenant, unless the landlord otherwise agrees.
(5)  This section is a term of every residential tenancy agreement.
67   Removal of fixtures installed by tenant
(1)  A tenant may, at the tenant’s cost and before the tenant gives vacant possession of the residential premises, remove any fixture that was installed by the tenant in accordance with this Act or the residential tenancy agreement.
(2)  A tenant must notify the landlord of any damage caused by removing a fixture and must repair the damage or compensate the landlord for the landlord’s reasonable expenses of repairing the damage.
(3)  Despite subsection (1), a tenant is not entitled to remove a fixture without the consent of the landlord if the fixture was installed at the landlord’s expense or the landlord provided the tenant with a benefit equivalent to the cost of the fixture.
(4)  This section is a term of every residential tenancy agreement.
68   Tenants’ remedies for alterations
(1)  The Tribunal may, on application by a tenant, make any of the following orders, if the landlord fails to consent:
(a)  an order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises,
(b)  an order that the tenant is entitled to remove a fixture installed by the tenant.
(2)  The Tribunal may order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises only if it is satisfied:
(a)  that the landlord’s failure to give consent is unreasonable, and
(b)  if the consent is to a renovation, alteration or addition, that it is of a minor nature.
(3)  The Tribunal may determine that a landlord’s failure to consent is reasonable in any of the following circumstances (but is not limited to those circumstances for such a determination):
(a)  if the work involves structural changes,
(b)  if the work involves work that would not be reasonably capable of rectification, repair or removal,
(c)  if the work involves internal or external painting of the residential premises,
(d)  if the work is prohibited under any other law,
(e)  if the work is not consistent with the nature of the property.
69   Landlords’ remedies for alterations
(1)  The Tribunal may, on application by a landlord, make any of the following orders:
(a)  an order prohibiting the tenant from removing a fixture,
(b)  an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant on the residential premises.
(2)  The Tribunal may make an order under subsection (1) (b) only if the Tribunal is satisfied that:
(a)  the work was not done to a satisfactory standard, or
(b)  the work, if not rectified, is likely to adversely affect the landlord’s ability to let the residential premises to other tenants.
(3)  The Tribunal may make an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant whether or not the landlord consented to the carrying out of the work.
Division 7 Security and safety of residential premises
70   Locks and other security devices
(1)  A landlord must provide and maintain the locks or other security devices necessary to ensure that the residential premises are reasonably secure.
(2)  A landlord or landlord’s agent must give to each tenant named in the residential tenancy agreement a copy of the key or any other opening device or information required to open a lock or security device for the residential premises or common property to which the tenant is entitled to have access.
(3)  The initial copies are to be provided free of charge but the landlord may recover from a tenant the cost of providing replacement or additional copies.
(4)  This section is a term of every residential tenancy agreement.
Note.
 Section 191 provides for matters to be considered by the Tribunal when determining an action for a breach of this Division.
71   Changes of locks and other security devices
(1)  A landlord or tenant may alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device for the residential premises only if:
(a)  the other party agrees, or
(b)  with a reasonable excuse.
(2)  Without limiting what is a reasonable excuse, it is a reasonable excuse that a lock or other security device was altered, removed or added:
(a)  in an emergency, or
(b)  in accordance with an order of the Tribunal, or
(c)  after the tenancy of a co-tenant was terminated, or
(d)  after a tenant or occupant of residential premises was prohibited from having access to the residential premises by an apprehended violence order.
(3)  If a lock or other security device is altered, removed or added by a landlord or the tenant without the consent of the other party, it is presumed, in the absence of evidence to the contrary, that it was altered, removed or added by the landlord or tenant without reasonable excuse.
(4)  A landlord or tenant who contravenes subsection (1) is guilty of an offence.
Maximum penalty: 20 penalty units.
(5)  This section is a term of every residential tenancy agreement.
72   Copies of changed locks and other security devices to be given to other party
(1)  A copy of the key or any other opening device or information required to open a lock or other security device that is altered, added or removed by a landlord or tenant must be given to the other party not later than 7 days after it is altered, added or removed, unless:
(a)  the other party agrees, or
(b)  the Tribunal authorises a copy not to be given.
(2)  This section does not require a copy of a key or other opening device or information to be given to a person who is prohibited from having access to the residential premises by an apprehended violence order.
(3)  This section is a term of every residential tenancy agreement.
73   Remedies for security of residential premises
The Tribunal may, on application by a landlord or tenant, make any of the following orders if it thinks it reasonable in the circumstances to do so:
(a)  an order authorising the landlord or tenant to alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device,
(b)  an order authorising the landlord or tenant to refuse to give to the other party a copy of a key or any other opening device or information,
(c)  an order requiring a copy of a key or any other opening device or information to be given to the landlord or tenant.