RESIDENTIAL TENANCIES ACT 2010 - As at 8 February 2024 - Act 42 of 2010
- As at 8 February 2024 - Act 42 of 2010Table of Provisions
PART 1 - PRELIMINARY
Division 1 - General
- 1 Name of Act
- 2 Commencement
- 3 Definitions
- 4 Act to bind Crown 5. (Repealed)
Division 2 - Application of Act
- 6 Act applies to existing and future residential tenancy agreements
- 7 Premises to which Act does not apply
- 8 Agreements to which Act does not apply
- 8A Application of Act to premises
- 9 Employee and caretaker arrangements
- 10 Application of Act to occupants in shared households
- 11 Declaration by Tribunal
- 12 Exemptions from operation of Act
PART 2 - RESIDENTIAL TENANCY AGREEMENTS
Division 1 - General provisions relating to agreements
- 13 Agreements that are residential tenancy agreements
- 14 Landlord's obligation to ensure written residential tenancy agreement
- 15 Standard residential tenancy agreements
- 16 Written residential tenancy agreements--Tribunal orders
- 17 Certain unexecuted residential tenancy agreements enforceable
- 18 Fixed term agreements to continue as periodic agreements after end of fixed term
Division 2 - Terms of residential tenancy agreements
- 19 Prohibited terms
- 20 Mandatory terms may be varied for long term leases
- 21 Inconsistent and prohibited terms void
- 22 Offence relating to terms of residential tenancy agreements
PART 3 - RIGHTS AND OBLIGATIONS OF LANDLORDS AND TENANTS
Division 1 - Pre-agreement matters
- 22A Prohibition on certain matters relating to advertising or soliciting amounts of rent
- 23 Limit on amounts payable by tenant before agreement
- 24 Holding fees
- 25 Disputes about holding fees
- 26 Disclosure of information to tenants generally
- 27 Names and addresses to be provided
- 28 Tenant entitled to copy of residential tenancy agreement
- 29 Condition reports
- 30 Condition report evidence of condition of premises
- 31 Remedies for disputes about condition reports
- 31A Landlord's information statement
Division 2 - Rent and other payments
- 32 Kinds of payments that tenant may be required to pay for residential tenancy agreement
- 33 Payment of rent by tenant
- 34 Acceptance of rent by landlord
- 35 Manner of payment of rent
- 36 Rent receipts
- 37 Rent records
- 38 Utility charges payable by tenant
- 39 Water usage charges payable by tenant
- 40 Payment of rates, taxes and certain utility charges by landlord
- 41 Rent increases
- 42 Rent increases under fixed term agreements
- 43 Rent reductions
- 44 Tenant's remedies for excessive rent
- 45 Remedies for reduction of rent on frustration of residential tenancy agreement
- 46 Contraventions of rent order
- 47 Tenant's remedies for repayment of rent and excess charges
- 48 Landlord may recover certain rent expenses
Division 3 - Occupation and use of residential premises
- 49 Occupation of residential premises as residence
- 50 Tenant's right to quiet enjoyment
- 51 Use of premises by tenant
- 52 Landlord's general obligations for residential premises
- 53 Sale of residential premises
- 54 Liability of tenant for actions of others
- 54A Limit on liability of tenant for actions of other tenants occurring during domestic violence offences
Division 4 - Landlord's rights to enter residential premises
- 55 Access generally by landlord to residential premises without consent
- 55A Publishing photographs of residential premises with tenant's consent
- 56 Entry with tenant's consent
- 57 Limits on entry by landlord or others without consent
- 58 Duty of tenant to give access to residential premises
- 59 Landlord must only enter premises in accordance with Division
- 60 Landlord's remedies relating to access to premises
- 61 Tenant's remedies relating to access to premises
Division 5 - Repairs to premises
- 62 Definitions
- 63 Landlord's general obligation
- 64 Urgent repairs to residential premises
- 64A Carrying out repairs to smoke alarms as a matter of urgency
- 65 Tenants' remedies for repairs--Tribunal orders
Division 5A - Rectification orders
- 65A Definitions
- 65B Damage to premises--investigation by Secretary
- 65C Breaches of landlord's general obligation--investigation by Secretary
- 65D Application to Tribunal
Division 6 - Alterations and additions to residential premises
- 66 Tenant must not make alterations to premises without consent
- 67 Removal of fixtures installed by tenant
- 68 Tenants' remedies for alterations
- 69 Landlords' remedies for alterations
Division 7 - Security and safety of residential premises
- 70 Locks and other security devices
- 71 Changes of locks and other security devices
- 72 Copies of changed locks and other security devices to be given to other party
- 73 Remedies for security of residential premises
PART 4 - CHANGES OF TENANT AND LANDLORD
- 74 Transfer of tenancy or sub-letting by tenant
- 75 Consent to transfer of tenancy or sub-letting
- 76 Notice of sale of residential premises by landlord
- 77 Recognition of certain persons as tenants
- 78 Death of co-tenant
- 79 Change of tenants after AVO
PART 5 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS
Division 1 - Termination of residential tenancy agreements generally
- 80 Definitions
- 81 Circumstances of termination of residential tenancies
- 82 Termination notices
- 83 Termination orders
Division 2 - Termination by landlord
- 84 End of residential tenancy agreement at end of fixed term tenancy
- 85 Termination of periodic agreement--no grounds required to be given
- 86 Sale of premises
- 87 Breach of agreement
- 88 Termination notices for non-payment of rent or charges
- 89 Repayment of rent and charges owing following issue of non-payment termination notice
- 90 Serious damage or injury by tenant or other occupant
- 91 Use of premises for illegal purposes
- 92 Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
- 92A Termination by Tribunal--tenant rectification orders
- 93 Hardship to landlord
- 94 Termination of long term tenancies
- 95 Occupants remaining in residential premises
Division 3 - Termination by tenant
- 96 End of fixed term agreement
- 97 Termination of periodic agreement by tenant
- 98 Breach of agreement--termination notice by tenant
- 98A Contravention by landlord of information disclosure provisions--termination notice by tenant
- 99 Rent increases during long-term fixed term leases--termination notice by tenant
- 100 Early termination without compensation to landlord
- 101 Termination by co-tenant of own tenancy
- 102 Termination of agreement or co-tenancies by Tribunal
- 103 Breach of agreement--termination by Tribunal
- 103A Contravention by landlord of information disclosure provisions--termination by Tribunal
- 104 Hardship to tenant--fixed term agreements
- 105 Termination by Tribunal on landlord's application after termination notice given by tenant
Division 3A - Termination by tenant--circumstances of domestic violence
- 105A Definitions
- 105B Right of early termination
- 105C Domestic violence termination notice
- 105D Effect of giving domestic violence termination notice
- 105E Orders of Tribunal
- 105F Contents of declaration by competent person not reviewable
- 105G Right to terminate in addition to other rights
- 105H False or misleading information
- 105I Review of this Division and other provisions
Division 4 - Abandonment of residential premises
Division 5 - Termination by events
Division 6 - Miscellaneous
- 110 Tenant may vacate at any time before termination date specified by landlord
- 111 Disputes about termination
- 112 Withdrawal of termination notices
- 113 Defects in termination notices
- 114 Suspension of possession orders
- 115 Retaliatory evictions
- 116 Accrual of rent on termination
- 117 Acceptance of rent after termination notice
- 118 Other notices
PART 6 - RECOVERY OF POSSESSION OF PREMISES
Division 1 - Recovery of possession
- 119 Prohibition on certain recovery proceedings in courts
- 120 Repossession of residential premises--offences
- 121 Enforcement of orders for possession
- 122 Mortgagee repossessions of rented properties
- 123 Liability of tenant remaining in possession after termination
- 124 Notice of proposed recovery of premises by person with superior title
- 125 Order for tenancy against person with superior title
Division 2 - (Repealed)
NonePART 7 - SOCIAL HOUSING TENANCY AGREEMENTS
Division 1 - Preliminary
- 136 Definitions
- 137 Application of Part
Division 2 - Acceptable behaviour agreements
Division 3 - Water usage charges, rent and other payments
- 139 Social housing tenants to pay charges for water
- 140 Payment of debts by social housing tenants
- 141 Cancellation or reduction of rent rebates
Division 4 - Fixed term agreements
- 142 Extension of social housing tenancies
Division 5 - Termination of social housing tenancy agreements
Subdivision 1 - Eligibility ground- 143 Termination notice may be given on ground that tenant not eligible for social housing
- 144 Eligibility assessments of social housing tenants
- 145 Review of decision to give notice on ground that tenant not eligible for social housing
- 146 Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing
- 147 Termination by Tribunal on eligibility ground Subdivision 2 - Alternative premises ground
- 148 Termination notice may be given on ground that tenant offered alternative social housing premises
- 149 Review of decision to give termination notice on ground that tenant offered alternative social housing premises
- 150 Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises
- 151 Termination by Tribunal on alternative premises ground 152. (Repealed) Subdivision 3 - Behaviour ground
- 153 Termination notice--acceptable behaviour agreements
- 154 Termination by Tribunal on behaviour ground Subdivision 4 - Breach of agreement
- 154A Termination notice for non-payment of amount payable on variation or cancellation of rent rebate
- 154B Tribunal must have regard to breaches of prior social housing tenancy agreements and to series of breaches
- 154C Scheme for recording strikes against tenant for breaches
- 154D Tribunal required to make termination order in certain circumstances
- 154E Exercise of discretion to make termination order
- 154F Neighbourhood impact statement Subdivision 5 - Miscellaneous
- 154FA Termination by Tribunal in certain cases of tenant fraud
- 154G Order for possession
- 155 Operation of Division
Division 6 - Exemption
- 156 Head leases involving social housing providers
Division 7 - Evidentiary certificates
Division 8 - Rental bonds
- 156C Termination notice for non-payment of rental bond
- 156D Payment of rental bond during social housing tenancy agreements
PART 8 - RENTAL BONDS
Division 1 - Preliminary
- 157 Definitions
- 157A Online rental bond service
- 158 Mortgagee in possession may exercise functions
Division 2 - Payment and deposit of rental bonds
- 159 Payment of bonds
- 160 Other security may not be required
- 161 One rental bond for each agreement
- 162 Deposit of rental bonds
Division 3 - Release of rental bonds
- 163 Claims for rental bonds
- 164 Claim notice to be given to other party
- 165 Notice to tenants of claims against tenants
- 166 Matters that may be subject of rental bond claim
- 167 Payment where no dispute
- 168 Disputed rental bond claims
- 169 Appeals may be made despite payment
- 170 Payment to other persons
- 171 Payment to Secretary of the Department of Family and Community Services
- 172 Secretary not required to pay excess amount
- 173 Payment of interest by Secretary on rental bond amounts
- 174 Repayment of bond to former co-tenant
- 175 Powers of Tribunal
- 176 Proof of deposit of bond
Division 4 - Rental Bond Board
- 177 Constitution of Rental Bond Board
- 178 Members of Rental Bond Board
- 179 Delegation
Division 5 - Functions of Board relating to residential accommodation
- 180 Joint ventures for residential accommodation
- 181 Joint venture powers
- 182 Investment in residential accommodation unit trusts
- 183 Guarantees etc by Board
- 184 Finance
Division 6 - Financial matters
- 185 Rental Bond Account
- 186 Rental Bond Interest Account
Division 7 - Roll-over of existing rental bond
- 186A Regulations may establish rental bond roll-over scheme
PART 9 - POWERS OF TRIBUNAL
Division 1 - General powers of Tribunal
- 187 Orders that may be made by Tribunal
- 188 General order-making power of Tribunal
- 189 Application of provisions relating to Tribunal
Division 2 - Powers of Tribunal relating to breaches of residential tenancy agreements
- 190 Applications relating to breaches of residential tenancy agreements
- 191 Matters for consideration by Tribunal in applications relating to security breaches
Division 3 - Powers of Secretary in proceedings
- 192 Secretary may represent persons
- 193 Secretary may take or defend proceedings
- 194 Conduct of proceedings by Secretary
- 195 Intervention by Secretary
PART 10 - ENFORCEMENT
Division 1 - Powers of investigators
- 196 Powers of entry and other powers
- 197 Power of investigator to obtain information, documents and evidence
- 198 Obstruction of investigator
- 199 Taking possession of documents to be used as evidence
- 200 Search warrants
- 201 Application of Fair Trading Act 1987
Division 2 - Offences
- 202 Nature of proceedings for offences
- 203 Penalty notices
- 204 Offences by corporations
- 205 Aiding and abetting etc
Division 3 - Mandatory appointment of agents for landlords
Division 4 - Costs in certain court proceedings
- 208 Costs in court proceedings
PART 11 - RESIDENTIAL TENANCY DATABASES
Division 1 - Preliminary
- 209 Definitions
- 210 Application of Part
Division 2 - Tenancy database information
- 211 Notice of database and listing
- 212 Listing can be made only for particular breaches by particular persons
- 213 Further restriction on listing
- 213A Further restriction on listing--domestic violence
- 214 Ensuring quality of listing--landlord's and agent's obligation
- 215 Ensuring quality of listing--database operator's obligation
- 216 Provision of copies of listed personal information
- 217 Disputes about listings
- 218 Limit on period of listing
PART 12 - MISCELLANEOUS
- 219 Contracting out prohibited
- 220 Contracts Review Act 1980
- 221 Tenants' agents
- 222 Functions of Secretary
- 223 Service of notices and other documents
- 224 Regulations
- 225 Exclusion of personal liability
- 226 Savings and transitional provisions
- 227 Review of Act
- 228 Review of sections 154D and 154G
PART 13 - (Repealed)
None- SCHEDULE 1
- SCHEDULE 2 Schedule 3 (Repealed)