s 27

Restriction on consideration for tenancy agreement

In force

(1)

A person must not require or receive from a tenant any monetary amount for or in relation to a residential tenancy agreement other than rent and a security bond.

Penalty for this subsection: a fine of $5 000.

(2)

Subsection (1) does not apply to —

(a)

any amount, not exceeding a prescribed amount, required or received as consideration for an option to enter into a residential tenancy agreement if —

(i)

upon the option being exercised, the amount is refunded in cash or applied towards the rent payable under the agreement; or

(ii)

upon the option being refused, and within 7 days of the decision to refuse the option, the amount is refunded in cash, by electronic means or in any other prescribed way;

and

(b)

any amount that the lessor is authorised by any other provision of this Act to require or receive; and

[(c) deleted]

(d)

any other payment of a prescribed class.

[Section 27 amended: No. 59 of 1995 s. 46 and 55; No. 60 of 2011 s. 23 and 89; No. 3 of 2019 s. 25; No. 11 of 2024 s. 21.]

Research tools for this sectionPro

Cited by Analyse Interrogate History Equivalents

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.