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Contents (2010 - 42)
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Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 23 August 2017 at 23:51)
Part 3 Division 1
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.