Residential Tenancies and Rooming Accommodation Act 2008

This Act may be cited as the Residential Tenancies and Rooming Accommodation Act 2008.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

However, some provisions of this Act do not apply to the State.Examples of provisions not applying to State—

1 section 91 (Rent increases)

2 section 92 (Tenant’s application to tribunal about rent increase)

3 section 163 (Outgoings other than service charges)

Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.

Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.

In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is not inconsistent with this Act.

The main objects of this Act are to state the rights and obligations of—

tenants, lessors and agents for residential tenancies; and

residents, providers and agents for rooming accommodation.

The objects are mainly achieved by—

regulating the making, content, operation and ending of residential tenancy agreements and rooming accommodation agreements; and

providing for the resolution of disputes about residential tenancy agreements and rooming accommodation agreements; and

providing for the authority to receive, hold and pay rental bonds; and

providing for compliance with this Act to be monitored and enforced; and

providing for the establishment, functions and powers of the authority.

The dictionary in schedule 2 defines particular words used in this Act.

The key terms and definitions found elsewhere in the Act are signposted in the dictionary.

A caravan is a trailer—

designed principally for residential purposes; and

designed to be attached to and towed by a self-propelled vehicle; and

that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

Also, a caravan is something—

not fitted with wheels; and

not designed for permanent attachment to land but designed for attachment to a motor vehicle and for use for residential purposes.

In addition, a caravan is a self-propelled vehicle—

that—

is designed to be used both as a vehicle and for residential purposes; or

was designed to be used solely as a vehicle but has been modified to be suitable for use both as a vehicle and for residential purposes; and

that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

A lessor is the person who gives the right to occupy residential premises under a residential tenancy agreement.

Note—Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessor includes a reference to the person’s personal representatives, successors and assigns.

A lessor also includes—

the person who is to give the right to occupy residential premises under a proposed residential tenancy agreement; and

a tenant who has given, or is to give, the right to occupy residential premises to a subtenant.

Premises, for a residential tenancy, include a part of premises and land occupied with premises. (2)Premises, for a residential tenancy, also include—

a caravan or its site, or both the caravan and site; and

a manufactured home in, or intended to be situated in, a moveable dwelling park or its site, or both the manufactured home and site; and

a houseboat.

Residential premises are premises used, or intended to be used, as a place of residence or mainly as a place of residence.

A residential tenancy is the right to occupy residential premises under a residential tenancy agreement.

A residential tenancy agreement is an agreement under which a person gives to someone else a right to occupy residential premises as a residence.

Subsection (1) applies whether or not the right is a right of exclusive occupation.

Subsection (1) also applies whether the agreement is—

wholly in writing, wholly oral or wholly implied; or

partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.

An agreement is not a residential tenancy agreement if it is a rooming accommodation agreement.

However, an agreement is a residential tenancy agreement if it is taken to be a residential tenancy agreement under section 18.