Residential Tenancies Act 1987

an assistance dog as defined in the Dog Act 1976 section 8(1); or

an animal accredited, under a law of a State or Territory or by an animal training organisation, to assist a person with disability in relation to the person’s disability; or

an animal trained —

to assist a person with disability in relation to the person’s disability; and

to meet standards of hygiene and behaviour that are appropriate for an animal in a public place;

means an area accessible to, or provided for the common use of, tenants; and

includes common property (as defined in the Strata Titles Act 1985 section 3) of a strata scheme or survey strata scheme;

which is attributable to an intellectual, psychiatric, cognitive, neurological, sensory or physical impairment or a combination of those impairments; and

which is permanent or likely to be permanent; and

which may or may not be of a chronic or episodic nature; and

which results in a substantially reduced capacity of the person for communication, social interaction, learning or mobility;

means a person who grants the right to occupy residential premises under a residential tenancy agreement; and

includes —

a personal representative, successor or assignee of a lessor; and

where the context requires, a prospective, or former, lessor;

an alteration or renovation of, or addition to, the premises; and

attaching a thing to the premises;

in relation to residential premises that have been modified — the condition of the premises before the modification was made, fair wear and tear excepted; or

in relation to residential premises that have been damaged — the condition of the premises before the damage occurred, fair wear and tear excepted;

in relation to a residential tenancy agreement — means each of the following —

the lessor under the agreement;

if there is 1 tenant under the agreement — the tenant under the agreement;

if there are 2 or more co‑tenants under the agreement — each co‑tenant under the agreement;

in relation to an application to which Part III Division 1 applies — has the meaning given in section 11D;

any part of premises; and

land and appurtenances appurtenant to premises;

licensed or registered under the Real Estate and Business Agents Act 1978; and

in relation to a residential tenancy agreement, the agent of the lessor of the premises to which the agreement relates;

the presence at the premises of uncollected mail, newspapers or other material;

reports from neighbours of the tenant or from other persons indicating the tenant has abandoned the premises;

the absence of household goods at the premises;

the disconnection of services (including gas, electricity and telephone) to the premises;

in the case of a community titles scheme — has the meaning given in the Community Titles Act 2018 section 3(1); or

in the case of a strata titles scheme — has the meaning given in the Strata Titles Act 1985 section 3(1);

means a person who is granted a right of occupancy of residential premises under a residential tenancy agreement; and

includes, where the context requires, a prospective, or former, tenant;

In a provision of this Act that relates to a residential tenancy agreement, a reference to the residential premises, or the premises, is taken to be a reference to the residential premises for which a right to occupy is granted under the agreement.

For the purposes of subsection (1), a provision of this Act that refers to a lessor or a tenant is taken to be a provision that relates to the residential tenancy agreement to which the lessor or the tenant is a party.

Subject to this section and sections 6 and 7, this Act applies to any residential tenancy agreement entered into, renewed, extended, assigned or otherwise transferred after the commencement of this Act.

This Act does not apply to a residential tenancy agreement that is a strata lease, within the meaning of the Strata Titles Act 1985.

This Act does not apply to any residential tenancy agreement in any of the following circumstances —

where the tenant is a party to an agreement for the sale and purchase of the premises, unless the period of the tenancy is one month or longer;

where the agreement arises under a mortgage in respect of the premises;

where the agreement arises under a scheme under which —

a group of adjacent premises is owned by a company; and

the premises comprising the group are let by the company to persons who jointly have a controlling interest in the company;

where the tenant is a boarder or lodger;

where the agreement is bona fide entered into for the purpose of conferring on a person a right to occupy premises for a holiday;

where the agreement is entered into as lessor, whether generally or in prescribed circumstances, by any prescribed person or agency being a person or agency that is acting on behalf of the Crown;

where the agreement is a prescribed agreement, or is an agreement of a prescribed class.

This Act does not apply to or in relation to any of the following —

any part of a hotel or motel;

accommodation for students provided —

by an educational institution; or

by an entity, other than the educational institution, if the accommodation is provided other than for the purpose of making a profit,

any part of a hospital or nursing home;

any premises used for the purposes of a club;

any premises used to provide residential care to approved care recipients by an approved provider as defined in the Aged Care Act 1997 (Commonwealth);

any prescribed premises or premises of a prescribed class.

For the purposes of subsection (2)(e), an agreement conferring a right to occupy premises for a fixed term of 3 months or longer shall be deemed, in the absence of proof to the contrary, not to have been entered into bona fide for the purpose of conferring a right to occupy the premises for a holiday.

Subject to subsection (6), this Act applies to a site at a caravan park, within the meaning of the Caravan Parks and Camping Grounds Act 1995 (whether or not a caravan, within the meaning of that Act, is situated on that site) as if the site was residential premises for the purposes of this Act.

This Act does not apply to a site at a residential park, within the meaning of the Residential Parks (Long-stay Tenants) Act 2006, other than in relation to a residential tenancy agreement —

under which a person has a right to occupy such a site; and

that is an existing fixed term long-stay agreement made in writing, to which the Residential Parks (Long-stay Tenants) Act 2006 does not apply in accordance with section 6(4) of that Act.

Subsection (6) has effect despite section 8(1) of the Residential Parks (Long-stay Tenants) Act 2006.

any residential tenancy agreement or class of residential tenancy agreements; or

any premises or class of premises; or

any prescribed person or agency being a person or agency that is acting on behalf of the Crown.

Where —

a residential tenancy agreement was entered into before the commencement of this Act and continues after such commencement; and

the tenancy under the agreement is a periodic tenancy,

Where this Act applies to a residential tenancy agreement by virtue of subsection (1) —

any proceedings commenced in relation to the agreement before that application may be continued and completed as if this Act had not come into operation; and

any notice to quit given in relation to the agreement before that application shall have effect and may be enforced as if this Act had not come into operation; and

any process commenced before that application, being a process whereby the rent may be increased under the agreement, may be continued and completed and shall have effect to increase the rent as if this Act had not come into operation, but subject to any order under section 32; and

proceedings may be brought subject to and in accordance with this Act in respect of any cause of action that arose before that application, not being a cause of action subject to proceedings at the time of that application; and

no civil or criminal liability shall be incurred by virtue of that application in respect of any act or omission before that application.

Where —

this Act becomes applicable to a residential tenancy agreement by reason of a renewal, extension, assignment or transfer referred to in section 5(1); and

at the time of such application a security bond in respect of the agreement has been paid to the lessor or a person acting on the lessor’s behalf,

the lessor shall cause the person who is holding the security bond to pay the amount of the security bond allowed by section 29(1), or such lesser amount as is held, to the bond administrator;

each payment referred to in paragraph (c) shall be made not later than 21 days after this Act becomes applicable to the residential tenancy agreement;

any amount paid to the bond administrator must be credited to the Rental Accommodation Account and is to be taken, for the purposes of this Act, to have been paid under section 29(4)(b).

Nothing in section 29(4) applies to a periodic tenancy to which this Act becomes applicable by virtue of subsection (1).

The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act.

The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette.

In this section —

The Commissioner has the following functions for the purposes of this Act —

the investigation of and conduct of research into matters relating to the interests of parties to residential tenancy agreements generally or any particular party or parties;

the publication of reports and guidelines and the dissemination of information on matters relating to the interests of parties to residential tenancy agreements;

the giving of advice to persons on the provisions of this Act or any other law relating to or affecting the interests of parties to residential tenancy agreements;

the investigation, upon the complaint of a party to a residential tenancy agreement or otherwise, of an offence against this Act or of an infringement of a party’s rights arising out of any residential tenancy agreement and the taking of action by negotiation, prosecution of such offence or otherwise;

the making of reports to the Minister on matters referred to the Commissioner by the Minister and matters of importance investigated by the Commissioner, whether referred to the Commissioner by the Minister or not;

another function conferred or imposed on the Commissioner by this Act;

another function prescribed for the Commissioner.

The Commissioner may, upon being satisfied that there is a cause of action and that it is in the public interest, on behalf of any party to a residential tenancy agreement, institute legal proceedings against any other person or defend any proceedings brought against the party or assume the conduct of proceedings already commenced by or against the party, with a view to enforcing or protecting the rights of the party in relation to any infringement or suspected infringement by that other person of those rights or of any of the provisions of this Act or other law relating to the interests of such parties.

The Commissioner may, if the Commissioner considers it appropriate, on behalf of any tenant, institute proceedings under section 32 or assume the conduct of proceedings already commenced under that section by the tenant.

The Commissioner shall not institute, defend or assume the conduct of, any proceedings under subsection (1) or (2) on behalf of a party —

without first —

obtaining the written consent of the party which once given shall be irrevocable except with the consent of the Commissioner; and

obtaining the written consent of the Minister which may be given subject to such conditions as the Minister thinks fit;

in relation to a residential tenancy agreement that has terminated unless a complaint is made to the Commissioner by a person who was a party to that agreement within 3 months after termination of the residential tenancy agreement.

In relation to any proceedings referred to in subsection (1) or (2) the following provisions shall apply —

the Commissioner shall, on behalf of the party to the residential tenancy agreement, have in all respects the same rights in, and control over, the proceedings, including the right to settle any action or part of any action, as the party would have had in the conduct of those proceedings; and

the Commissioner may, without consulting or seeking the consent of the party, conduct the proceedings in such manner as the Commissioner thinks appropriate and proper; and

in the case of proceedings already commenced by or against the party, the court hearing the proceedings shall, on the application of the Commissioner, order that the Commissioner be substituted for the party as a party to the proceedings, and may make such other orders or give such other directions in that behalf as the court thinks fit; and

any moneys (excluding costs) recovered by the Commissioner shall belong and be paid to the party without deduction and any amount awarded against the party shall be paid by and recoverable from the party, but in all cases the costs of the proceedings shall be borne by or paid to and retained by the Commissioner as the case may require; and

if any party to the proceedings alleges another cause of action, or if the party on whose behalf the proceedings are being defended has another cause of action, the court hearing the proceedings shall, on the application of the Commissioner, order that the proceedings for the other cause of action be heard separately and that the party be a party to those proceedings in the party’s own right and may make such other orders or give such other directions in that behalf as the court thinks fit.

In any proceedings referred to in subsection (1), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner is satisfied that there is a cause of action and that it is in the public interest to institute, defend or assume the conduct of the proceedings, as the case may be, on behalf of the party to the residential tenancy agreement shall, in the absence of proof to the contrary, be accepted as proof that the Commissioner instituted, defended or assumed the conduct of the proceedings, as the case may be, in accordance with that subsection.

In any proceedings referred to in subsection (2), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner considers it appropriate to institute or assume the conduct of the proceedings, as the case may be, on behalf of the tenant shall, in the absence of proof to the contrary, be accepted as proof that the Commissioner instituted or assumed the conduct of the proceedings, as the case may be, in accordance with that subsection.

In any proceedings referred to in subsection (1) or (2) —

a document purporting to be the consent of the party to the residential tenancy agreement to the Commissioner instituting, defending or assuming the conduct of the proceedings, as the case may be; or

a document purporting to be the Minister’s consent to the Commissioner instituting, defending or assuming the conduct of the proceedings, as the case may be,

Any money which the Commissioner becomes liable to pay by virtue of this section shall be charged to the Consolidated Account and this subsection, without any further appropriation, shall be sufficient authority for any such payment.

Any costs received by the Commissioner under subsection (4)(d) shall be credited to the Consolidated Account.

The Commissioner may delegate any power or duty of the Commissioner under another provision of this Act to another employee of the Department.

The bond administrator may delegate any power or duty of the bond administrator under another provision of this Act to another employee of the Department.

The delegation must be in writing signed by the Commissioner or bond administrator, as the case requires.

A person to whom a power or duty has been delegated under this section cannot delegate that power or duty.

A person exercising a power or performing a duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown.

Nothing in this section limits the ability of the Commissioner or the bond administrator to perform a power or duty through an officer or agent.