Residential Tenancies Act 1997

The parties to a residential tenancy agreement may apply in writing to the ACAT for endorsement of a term of the agreement (the inconsistent term) that is inconsistent with a standard residential tenancy term.

If the parties apply for endorsement of the inconsistent term, the ACAT must do 1 of the following:

endorse the inconsistent term;

substitute the equivalent standard residential tenancy term for the inconsistent term.

In making a decision under subsection (2), the ACAT must consider—

the criteria determined under subsection (6); and

whether the inclusion of the inconsistent term in the residential tenancy agreement was obtained by fraud or undue influence.

The ACAT must not endorse a term that is inconsistent with this Act (other than a standard residential tenancy term).

The ACAT must not endorse a term mentioned in section 15 (5) in relation to a tenant unless satisfied that the tenant owes an amount to the housing commissioner.

The Minister may determine criteria for subsection (3) (a).

A determination is a disallowable instrument.

Division 2.2 Precontractual obligations