Residential Tenancies Act 1986
120
Commenced: 1 Feb 1987
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
I: Application of Act
3 Act to bind the Crown
4 Act generally to apply to all residential tenancies
5 Act excluded in certain cases
6 Long fixed-term tenancies
7 Short fixed-term tenancies
8 Parties to excluded tenancies may agree that Act shall apply
9 Existing tenancies
10 Onus of proof
11 Act generally to apply despite contrary provisions
II: Tenancy Agreements
Preliminary Matters
12 Discrimination on certain grounds prohibited
13 Form of tenancy agreements
14 Minors
15 Landlord's name, address, and occupation
16 Tenant's name, address, and occupation
Key Money, Bonds, and Rents
17 Requiring key money prohibited
18 Bonds to be no more than 4 weeks' rent
19 Duties of landlord on receipt of bond
20 Duties of Corporation
21 Tenant may pay bond direct to Corporation with landlord's consent
22 Claims against bonds
23 Rent in advance
24 Rent increases
25 Market rent
26 Duration of order determining market rent
27 Rent in excess of market rent irrecoverable
28 Increase of rent where premises or facilities substantially improved
29 Receipts for rent
30 Landlord to keep records
31 Apportionment of rent
32 Accelerated rent or damages prohibited
33 Tenant's goods not to be seized in payment of rent
34 Transitional provision relating to bonds
35 Transitional provisions relating to fair rents and equitable rents
Rights and Obligations of Parties
36 Legal impediments to occupation
37 Vacant possession
38 Quiet enjoyment
39 Outgoings
40 Tenant's responsibilities
41 Tenant's responsibility for actions of others
42 Tenant's fixtures
43 Disposition of landlord's interest
44 Assignment and subletting by tenant
45 Landlord's responsibilities
46 Locks
47 Landlord to give notice to tenant of intention to sell
48 Landlord's right of entry
49 Mitigation of damage or loss
Termination of Tenancies and Recovery of Possession
50 Circumstances in which tenancies are terminated
51 Termination by notice
52 Provision for shorter notice may be made with consent of Tribunal
53 Special provisions for notice terminating service tenancies
54 Tribunal may declare retaliatory notice of no effect
55 Termination on non-payment of rent, damage, or assault
56 Termination for other breach
57 Effect on subtenancy of termination of head tenancy
58 Mortgagee or other person becoming entitled to possession
59 Destruction of premises
60 Tenant remaining in possession after termination of tenancy
61 Abandonment of premises
62 Abandoned goods
63 Entry without order of Tribunal prohibited
64 Possession orders
65 Eviction of squatters
66 Transitional provisions relating to protected tenancies
III: The Tenancy Tribunal
Constitution and Administration
67 Constitution of Tribunal
68 Term of office of Tenancy Adjudicators
69 Remuneration of Tenancy Adjudicators
70 Tenancy Adjudicators to be protected
71 Conduct of Tribunal and stationing of Tenancy Adjudicators
72 Registrars
73 Seal of Tribunal
74 Records of Tribunal
75 Offices and Tenancy Officers
76 Tenancy Mediators
Jurisdiction
77 Jurisdiction of Tribunal
78 Orders of Tribunal
79 Jurisdiction to make interim orders
80 Orders of Tribunal to be final
81 Exclusion of Tribunal's jurisdiction prohibited
82 Exclusion of other jurisdictions
83 Transfer of proceedings to District Court
84 Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
85 Manner in which jurisdiction is to be exercised
Procedure
86 Filing of applications
87 Duties of Tenancy Officer on receipt of application
88 Functions of Tenancy Mediators
89 Statements made in mediation to be subject to privilege
90 Tenancy Mediator to observe confidentiality
91 Notice of hearing by Tribunal
92 Non-attendance at hearing after due notice
93 Right of audience
94 Minors and persons under disability
95 Proceedings usually to be in public
96 Further provisions relating to procedure generally
97 Evidence
98 Witness summons
99 Tribunal may require inquiry and report by Tenancy Mediator
100 Tenancy Mediator or Tribunal may require valuer's report in certain proceedings
101 Protection of persons appearing, etc.
102 Costs
103 Reference of questions of law to High Court
104 Decision of Tribunal
105 Rehearings
Enforcement and Offences
106 Enforcement of possession orders
107 Enforcement of orders other than possession orders and work orders
108 Enforcement of work orders
109 Unlawful acts
110 Failing to answer witness summons
111 Giving false evidence
112 Contempt
Miscellaneous Provisions
113 Tenancy Officers to provide assistance
114 Powers of entry of Tenancy Mediators
115 Principal Tenancy Adjudicator may issue practice directions
116 Rules of procedure
Appeals
117 Appeal to District Court
118 Powers of District Court Judge on appeal
119 Appeal on questions of law to High Court
120 Further appeal to Court of Appeal
IV: Administration
Functions and Powers of Director-General
121 Director-General responsible for administration of Act
122 Director-General may delegate powers
123 General functions and powers of Director-General
124 Director-General may take or defend proceedings on behalf of any party
125 Immunities
126 Annual report
Residential Tenancies Fund
127 Establishment of Fund
128 Part A of the Fund
129 Part B of the Fund
130 Corporation may make money available
131 Corporation may borrow
132 No execution
V: Miscellaneous Provisions
133 Tribunal or Director-General may require terms of tenancy agreement
134 Waiver by landlord of breach by tenant
135 Recovery of money paid by mistake
136 Service of documents
137 Prohibited transactions
138 Offences triable summarily
139 Regulations relating to accommodation brokers
140 Regulations relating to other matters
141 First Schedule may be amended by Order in Council
142 Effect on Property Law Act 1952
143 Housing Corporation Act 1974 amended
144 Repeals, revocations, and amendments
Schedule(s)
1 FIRST SCHEDULE: Places at which Offices of the Tribunal Shall be Situated
2 SECOND SCHEDULE: Enactments Repealed
3 THIRD SCHEDULE: Regulations Revoked
4 FOURTH SCHEDULE: Enactments Amended