Residential Tenancies Act 1997

In consideration for giving a tenant a right to occupy premises, a lessor may only require or accept rent or a bond.

A lessor must not require or accept any consideration for—

agreeing to enter into, extend or renew a residential tenancy agreement; or

consenting to a co-tenant leaving a residential tenancy agreement under section 35A; or

consenting to a person becoming a co-tenant under section 35C; or

agreeing to the assignment or transfer of a tenant’s rights and obligations under a residential tenancy agreement; or

consenting to a tenant entering into, extending or renewing a residential tenancy agreement with a subtenant; or

vacating premises; or

giving a tenant a key to premises; or

informing a tenant about the availability of premises for occupation under a residential tenancy agreement.

For subsection (1), a requirement that a tenant make alterations, improvements or repairs to the premises is taken to be consideration.

In subsection (1), a reference to a bond—

includes a reference to a guarantee or an indemnity under section 16; but

if the guarantee or indemnity is a commercial guarantee—only includes a commercial guarantee that is consistent with a registered standard guarantee contract.

This Act does not prevent the housing commissioner from requiring a tenant to agree to pay an outstanding amount owed by the tenant to the housing commissioner in relation to a previous tenancy in consideration for giving the tenant a right to occupy premises if the ACAT has, under section 10, endorsed the term of the residential tenancy agreement requiring the payment.

The inclusion in a residential tenancy agreement of a term requiring payment of an outstanding amount owed by the tenant to the housing commissioner does not prevent—

the commissioner and the tenant agreeing to the tenant repaying the outstanding amount over a period of time longer than the period set out in the term; or

the commissioner from taking action against the tenant in relation to the outstanding amount.

In this section: