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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT BILL
2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - RESIDENTIAL TENANCY ACT 1997 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 8 amended (General functions and powers of
Commissioner)
6. Section 11 amended (Expiry)
7. Section 12 amended (Extension and renewal)
8. Section 16B inserted
16B. Rental properties to be advertised and offered at
fixed rental price
9. Section 17 amended (Money other than rent)
10. Section 20 amended (Increase in rent)
11. Section 23 amended (Unreasonable increase)
12. Section 31A inserted
31A. Reference in this Division to repair may include
reference to replacement
13. Section 32 amended (General repairs and maintenance)
[Bill 12]-XI
14. Section 33 amended (Urgent repairs)
15. Section 36A substituted
36A. Order for repairs
16. Part 3B inserted
PART 3B - Minimum standards for premises
36I. Premises to be weatherproof and structurally sound
36J. Cleanliness and good repair
36K. Bathrooms, toilets and laundries to be provided
36L. Cooking facilities
36M. Electricity and heating
36N. Window covering for privacy
36O. Ventilation
36P. Exemption from requirements of provision of this
Part
17. Section 37 amended (Termination of agreement)
18. Section 38 amended (Notice of termination by tenant)
19. Section 39 amended (Effect of notice of termination)
20. Section 42 amended (Notice to vacate by owner)
21. Section 43 amended (Effect of notice to vacate)
22. Section 45 amended (Order for vacant possession)
23. Section 49B inserted
49B. Tenancy ceases on death of tenant
24. Section 55A inserted
55A. Certain photographs not to be displayed by owner
25. Section 57 amended (Locks and security devices)
26. Section 62 amended (Notification of name and address)
27. Sections 68B and 68C inserted
68B. General transitional, &c., provisions consequent on
Residential Tenancy Amendment Act 2013
68C. Transitional, &c., provisions relating to new
standards contained in Residential Tenancy
Amendment Act 2013
PART 3 - LAND TITLES ACT 1980 AMENDED
28. Principal Act
29. Section 146 amended (Mortgagee, encumbrancee or lessor may
obtain possession in certain cases)
2
PART 4 - CONCLUDING PROVISION
30. Repeal of Act
3
4
RESIDENTIAL TENANCY AMENDMENT BILL
2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
10 April 2013
(Brought in by the Minister for Corrections and Consumer
Protection, the Honourable Nicholas James McKim)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997 and to
consequentially amend the Land Titles Act 1980
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Residential
Tenancy Amendment Act 2013.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 12] 5
Residential Tenancy Amendment Act 2013
Act No. of
s. 3 Part 2 - Residential Tenancy Act 1997 Amended
PART 2 - RESIDENTIAL TENANCY ACT 1997
AMENDED
3. Principal Act
In this Part, the Residential Tenancy Act 1997*
is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Director of Consumer
Affairs and Fair Trading in subsection
(1):
Director of Housing means the
Director of Housing appointed
under the Homes Act 1935;
(b) by inserting the following definition after
the definition of dispute in subsection
(1):
domestic partner, in relation to an
owner, means -
(a) the spouse of the owner;
or
(b) a person who is in a
significant relationship,
*No. 82 of 1997
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Act No. of
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within the meaning of the
Relationships Act 2003,
with the owner;
(c) by omitting the definition of essential
service from subsection (1) and
substituting the following definition:
essential service means any of the
following services:
(a) water, sewerage,
electricity, or heating,
supplied to or within the
premises;
(b) a cooking stove, or hot-
water service, installed
within the premises;
(c) removal of grey water
from premises, including
ensuring the effective
functioning of any on-site
water-treatment facility,
but not including pipes,
plumbing or other water-
disposal or sewage-
disposal facilities owned
by a council -
and includes any tap washers, and
any fuses, light globes or light
tubes, but does not include fuses
that are within a meter box and
relate to the supply of electricity
to the premises or light globes or
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Act No. of
s. 4 Part 2 - Residential Tenancy Act 1997 Amended
light tubes that are inaccessible
light globes or light tubes;
(d) by inserting the following definition after
the definition of holding fee in subsection
(1):
inaccessible light globes or light tubes
means light globes or light tubes
that, when in place -
(a) are above the height
prescribed for the
purposes of this
definition; or
(b) are not reasonably
accessible;
(e) by inserting the following definition after
the definition of security deposit in
subsection (1):
social housing means residential
premises -
(a) owned in whole or in part
by the Director of
Housing; or
(b) owned in whole or in part
by a person declared in a
notice under
subsection (3) to be a
person to whom this
paragraph applies;
8
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 5
(f) by inserting the following subsection
after subsection (2):
(3) The Minister may, by notice,
declare that a person specified in
the notice is a person to whom
paragraph (b) of the
definition of social housing in
subsection (1) applies.
5. Section 8 amended (General functions and powers
of Commissioner)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The following are the functions
of the Commissioner:
(a) to determine disputes
arising in relation to the
disbursement of security
deposits;
(b) to determine disputes in
relation to any residential
tenancy database;
(c) to act in the mediation or
conciliation of any
disputes between the
parties to residential
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s. 6 Part 2 - Residential Tenancy Act 1997 Amended
agreements in relation to
boarding premises;
(d) to determine applications
made to the
Commissioner under
section 23 or section 36A;
(e) other functions conferred
on the Commissioner by
or under this Act.
(b) by omitting from subsection (2)
"sections 48I and 48ZF" and substituting
"section 23, section 36A, section 48I and
section 48ZF".
6. Section 11 amended (Expiry)
Section 11 of the Principal Act is amended as
follows:
(a) by omitting subsection (2) and
substituting the following subsection:
(2) If a residential tenancy agreement
for a fixed period in relation to
premises expires on a date and
before that date -
(a) no notice of termination
of the agreement is served
under section 38 on the
grounds specified in
section 38(1)(d); and
10
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(b) no notice to vacate in
relation to the premises is
served under section 42
on the grounds specified
in section 42(1)(d); and
(c) the residential tenancy
agreement is not extended
or renewed -
a new residential tenancy
agreement for no fixed period is
established on that date in
relation to the premises.
(b) by inserting the following subsection
after subsection (3):
(4) Despite subsection (1), if -
(a) but for this subsection, a
residential tenancy
agreement for a fixed
period in relation to
premises would, under
subsection (1), expire on a
date; and
(b) either -
(i) a notice of
termination of the
agreement is
served under
section 38 on the
grounds specified
in
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section 38(1)(d);
or
(ii) a notice to vacate
in relation to the
premises is served
under section 42
on the grounds
specified in
section 42(1)(d) -
the agreement expires on the day
on which the notice takes effect
under section 39 or section 43,
respectively.
7. Section 12 amended (Extension and renewal)
Section 12(1) of the Principal Act is amended as
follows:
(a) by omitting "that has expired";
(b) by omitting "within 28 days after" and
substituting "before".
8. Section 16B inserted
Before section 17 of the Principal Act, the
following section is inserted in Division 2:
16B. Rental properties to be advertised and
offered at fixed rental price
(1) The owner of residential premises -
12
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(a) must not advertise the premises
for rent, or offer the premises for
rent, at a price that is not a fixed
price; and
(b) must not invite a prospective
tenant to make an offer to become
a tenant of the premises at a price
higher than a fixed price
advertised or offered by the
owner.
Penalty: Fine not exceeding 50 penalty
units.
(2) For the purposes of this section -
(a) rent specified in an
advertisement, or offer, is not a
fixed price for rent unless it is a
definite single amount specified
for the rent in the advertisement
or offer; and
(b) rent specified in an
advertisement, or offer, is not a
fixed price for rent if the
advertisement or offer is to the
effect that the rent is to be
determined in the future between
the parties as -
(i) any amount within a
range of prices for the
rent mentioned in the
advertisement or offer; or
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Act No. of
s. 9 Part 2 - Residential Tenancy Act 1997 Amended
(ii) an amount that is to be
above a minimum amount
specified in the
advertisement or offer.
9. Section 17 amended (Money other than rent)
Section 17 of the Principal Act is amended as
follows:
(a) by inserting the following penalty after
paragraph (c) in subsection (3):
Penalty: Fine not exceeding 50 penalty
units.
(b) by inserting the following subsection
after subsection (3):
(3A) A rent-collection agency must not
require a person, who pays, or is
to pay, to the agency rent in
relation to residential premises, to
pay a fee or charge in relation to
the rent or receiving the rent.
Penalty: Fine not exceeding 50
penalty units.
(c) by inserting the following definition
before the definition of water
consumption charge in subsection (4):
rent-collection agency means a person
or body, other than an authorised
deposit-taking institution, that
receives, on behalf of an owner of
14
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 10
residential premises to which a
residential tenancy agreement
relates, rent paid or payable in
relation to the premises by or on
behalf of a tenant;
10. Section 20 amended (Increase in rent)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "An
increase" and substituting "Except in the
case of a residential tenancy agreement
that relates to social housing, an
increase";
(b) by omitting paragraphs (a) and (b) from
subsection (3) and substituting the
following paragraph:
(a) more than 60 days after the day
on which the notice is given and
not less than 12 months after the
residential tenancy agreement
commenced or was extended or
renewed; or
(c) by omitting from subsection (3)(c) "6
months" and substituting "12 months";
(d) by omitting from subsection (3)(d)
"Court" and substituting
"Commissioner";
15
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Act No. of
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(e) by omitting from subsection (3)(d) "6
months" and substituting "12 months";
(f) by inserting the following subsection
after subsection (3):
(3A) If a residential tenancy agreement
relates to social housing, an
increase in rent may only take
effect from a day that is more
than 60 days after the day on
which the notice is given.
11. Section 23 amended (Unreasonable increase)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "the
Court" and substituting "the
Commissioner";
(b) by inserting the following subsections
after subsection (1):
(1A) An application made under
subsection (1) is to be
accompanied by the prescribed
fee.
(1B) An application may only be made
under subsection (1) by a tenant
within the period of 60 days after
the tenant is notified of the
increase under section 20.
16
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 11
(1C) The Commissioner may, if he or
she thinks fit, conduct a hearing
in relation to an application for an
order under this section.
(c) by omitting from subsection (2) "the
Court" and substituting "the
Commissioner";
(d) by omitting from subsection (3) "the
Court" and substituting "the
Commissioner";
(e) by omitting from subsection (4) "An
order" and substituting "Subject to
subsection (7)(a) and any contrary order
of a court, an order of the Commissioner
under this section";
(f) by inserting the following subsections
after subsection (4):
(5) If the Commissioner has
determined an application made
under subsection (1) in respect of
premises, a tenant or an owner in
respect of the premises may apply
to the Court to determine whether
the increase in the rent, payable
under the residential tenancy
agreement in respect of the
premises before the
Commissioner determined the
application, is unreasonable.
(6) An application may only be made
under subsection (5) by a tenant
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s. 11 Part 2 - Residential Tenancy Act 1997 Amended
or owner in respect of premises
within the period of 60 days after
the tenant or owner is notified
that the Commissioner has
determined an application made
under subsection (1) in respect of
the premises.
(7) If an application is made under
subsection (5) in respect of
premises -
(a) any order made by the
Commissioner under this
section in relation to the
premises is of no effect,
unless the application is
withdrawn; and
(b) the Court is to determine
the application as if -
(i) the Commissioner
had not
determined an
application made
under
subsection (1) in
respect of the
premises; and
(ii) a reference in
subsection (2), (3)
or (4) to the
Commissioner
18
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 12
were a reference
to the Court.
12. Section 31A inserted
Before section 32 of the Principal Act, the
following section is inserted in Division 4:
31A. Reference in this Division to repair may
include reference to replacement
(1) If an object that is an essential service
and that is required to be repaired under
this Division is unable to be repaired, the
object is required under this Division to
be replaced with an object that -
(a) serves the same primary function
as the object required to be
replaced; and
(b) serves that function to a
reasonably similar degree or
standard as the degree or standard
of the object before it was
required to be repaired -
and, accordingly, a reference in this
Division to repair is to be taken in such
circumstances to be a reference to
replacement.
(2) If an object that is an essential service
and that is required to be repaired under
this Division is able to be repaired, but it
would be cheaper, easier or quicker to
19
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Act No. of
s. 13 Part 2 - Residential Tenancy Act 1997 Amended
replace the object instead, the object may
be replaced with an object that -
(a) serves the same primary function
as the object required to be
replaced; and
(b) serves that function to a
reasonably similar degree or
standard as the degree or standard
of the object before it was
required to be repaired -
and, accordingly, a reference in this
Division to repair is to be taken in such
circumstances to include a reference to
replacement.
13. Section 32 amended (General repairs and
maintenance)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
owner" and substituting "Without
limiting the application of Part 3B, the
owner";
(b) by inserting the following paragraph after
paragraph (a) in subsection (3):
(ab) if the repair is to a heating
element of a cooking stove,
within 14 days; or
20
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 14
14. Section 33 amended (Urgent repairs)
Section 33 of the Principal Act is amended by
inserting after subsection (5) the following
subsections:
(6) In this section, an essential service is to
be taken to be functional -
(a) where the service is a water
service or a sewerage service, if
at least the amount of water or
sewage that would be supplied or
removed, respectively, from the
premises, if the service were fully
functional, is capable of being
safely so supplied or removed;
and
(b) where the service is an electricity
service, if -
(i) all power points, or wires
between the walls of the
premises or in the ceiling
of the premises are safe
and, except in relation to
those power points or
wires indicated in the
condition report prepared
at the beginning of the
tenancy as not being
functioning power points
or functioning wires,
supply electricity to the
premises; and
21
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Act No. of
s. 14 Part 2 - Residential Tenancy Act 1997 Amended
(ii) where the service consists
of an electricity-
generating device - the
device safely produces
and supplies electricity to
at least the level that such
a device of the same
capacity ought reasonably
be expected to produce
and supply; and
(c) where the service is a heating
service, if the service safely
provides heat to the level that it
was reasonably capable of
providing when it was
manufactured; and
(d) where the service is a cooking
stove, if at least half of the
heating elements of the stove, and
the oven, function safely; and
(e) where the service is a hot-water
service, if the service safely
provides at least the same amount
of hot water, and water at the
same temperature, as the service
provided when it was
manufactured; and
(f) where the service is a service that
is within the meaning of
paragraph (c) of the
definition of essential service in
section 3, if all water on the
22
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 15
premises required to be removed
or treated is able to be safely
removed, or safely treated, within
the period that such a service
would be able to remove or treat
the water if the service were fully
functioning.
(7) An essential service ceases to function if
the service is not, under subsection (6),
taken to be functional.
15. Section 36A substituted
Section 36A of the Principal Act is repealed and
the following section is substituted:
36A. Order for repairs
(1) A tenant may apply to the Commissioner
for an order that repairs under this
Division that the owner is required under
this Division to carry out, or to arrange
for the carrying out of, are carried out.
(2) An application is to be accompanied by
the prescribed fee.
(3) The Commissioner may, if he or she
thinks fit, conduct a hearing in relation to
an application for an order under this
section.
(4) The Commissioner may order an owner
to ensure that reasonable repairs in
relation to premises (including repairs of
23
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Act No. of
s. 15 Part 2 - Residential Tenancy Act 1997 Amended
essential services) are carried out, if
satisfied that -
(a) the owner is required under this
Division to carry out, or to
arrange for the carrying out of,
the repairs; and
(b) the repairs are reasonable; and
(c) the repairs are not required
because of any fault of the tenant.
(5) If the Commissioner has determined an
application made under subsection (1) in
respect of premises, the owner or a tenant
in respect of the premises may apply to
the Court for a determination as to
whether the owner is required under this
Division to carry out, or to arrange for
the carrying out of, repairs under this
Division.
(6) An application may only be made under
subsection (5) by a tenant or owner
within the period of 60 days after the
tenant or owner is notified of the
determination of the Commissioner in
respect of the matter to which the
application relates.
(7) If an application is made under
subsection (5) in respect of premises -
(a) any order made by the
Commissioner under this section
in relation to the premises is of no
24
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 16
effect, unless the application is
withdrawn; and
(b) the Court is to determine the
application as if the
Commissioner had not made a
determination under this section
in relation to the matter to which
the application relates and as if a
reference in subsection (4) to the
Commissioner were a reference
to the Court.
16. Part 3B inserted
Before section 37 of the Principal Act, the
following Part is inserted:
PART 3B - MINIMUM STANDARDS FOR PREMISES
36I. Premises to be weatherproof and
structurally sound
(1) An owner must ensure that premises to
which a residential tenancy agreement
relates -
(a) are weatherproof; and
(b) are in a proper state of structural
repair.
Penalty: Fine not exceeding 50 penalty
units.
25
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s. 16 Part 2 - Residential Tenancy Act 1997 Amended
(2) For the purpose of subsection (1),
premises are in a proper state of
structural repair only if the roof, floors,
ceilings, walls and stairs -
(a) are in good repair; and
(b) are not subject to significant
dampness; and
(c) are not liable to collapse because
they are rotted or otherwise
defective.
36J. Cleanliness and good repair
(1) An owner must not enter into a
residential tenancy agreement in relation
to premises unless the premises are clean.
Penalty: Fine not exceeding 50 penalty
units.
(2) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless the premises
are in good repair.
Penalty: Fine not exceeding 50 penalty
units.
(3) An owner of premises to which a
residential tenancy agreement relates
must, as soon as practicable after he or
she becomes aware that the premises
have ceased to be in good repair, take all
reasonable steps to return the premises to
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 16
good repair, except if the premises have
ceased to be in good repair through the
fault of a tenant.
Penalty: Fine not exceeding 50 penalty
units.
36K. Bathrooms, toilets and laundries to be
provided
(1) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless -
(a) there is, in or on the premises, a
flushable toilet that is -
(i) connected to a sewer, an
on-site wastewater
management system
(including a septic
system), or any other
system, approved by the
council for the municipal
area in which the
premises are situated, for
treatment or disposal of
waste; and
(ii) contained in a room that
is intended to be used
solely for the purposes of
toilet use or as a
bathroom; and
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Act No. of
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(b) the room that contains the toilet
contains -
(i) a vent or opening
window; or
(ii) a functioning device that
enables the room to be
mechanically ventilated.
Penalty: Fine not exceeding 50 penalty
units.
(2) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless -
(a) there is situated on the premises a
bathroom (which may contain a
toilet) that is in a separate room;
and
(b) the bathroom is designed to
permit a person to use it in
private; and
(c) the bathroom contains a bath or a
shower (and may contain both);
and
(d) the bathroom contains a
washbasin; and
(e) any washbasin, bath or shower in
the bathroom is connected to a
water system enabling a
continuous supply of a reasonable
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amount of hot and cold water to
be provided to the washbasin,
bath or shower.
Penalty: Fine not exceeding 50 penalty
units.
36L. Cooking facilities
An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless there is
situated in the premises an area, intended
to be used for cooking, that includes -
(a) a functioning kitchen sink that is
connected to a water system
enabling a continuous supply of
hot and cold water to be provided
to the sink; and
(b) a functioning stovetop with -
(i) at least 2 hotplates, if the
premises has 2 or fewer
bedrooms; or
(ii) at least 4 hotplates, if the
premises has 3 or more
bedrooms; and
(c) a functioning oven, which may be
a conventional oven, convection
oven or microwave oven or a
combination of any such ovens;
and
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(d) any other object, for the purposes
of use in a kitchen, that is
prescribed.
Penalty: Fine not exceeding 50 penalty
units.
36M. Electricity and heating
(1) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless the premises
are connected to -
(a) a mains electricity supply
(whether or not an electricity
provider is supplying electricity
to the premises on the day the
agreement is entered into,
extended or renewed); or
(b) a functioning device that is -
(i) capable of producing and
supplying to the premises
a supply of electricity that
is sufficient to provide for
the electricity needs of the
number of persons that
the premises is designed
to accommodate; and
(ii) connected to the electrical
wiring system in the
premises.
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Penalty: Fine not exceeding 50 penalty
units.
(2) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless -
(a) all power points, or wires
between the walls of the premises
or in the ceiling of the premises
are safe and, except for the power
points or wires indicated in the
condition report prepared at the
beginning of the tenancy as not
being functioning power points or
functioning wires, supply
electricity to the premises; and
(b) every room used, or intended for
use, by a tenant, other than a
room that is intended only for
storage or for use as a garage, has
adequate natural or artificial
lighting.
Penalty: Fine not exceeding 50 penalty
units.
(3) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless there is, in a
room that may be used as the main living
area in the premises, a heating device
consisting of -
(a) an electric heater, or a gas heater,
that is a fixture; or
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s. 16 Part 2 - Residential Tenancy Act 1997 Amended
(b) a heat pump; or
(c) a wood heater (not being an open
fire place); or
(d) an open fire place, if there is in
force in relation to the open fire
place an approval under
subsection (4); or
(e) another heating device that is
prescribed.
Penalty: Fine not exceeding 50 penalty
units.
(4) The Commissioner, by notice to an
owner of one or more premises, may
approve, on the conditions specified in
the notice, an open fire place for the
purposes of subsection (3)(d) for use in
such of the premises as are specified in
the notice.
(5) The Commissioner, by notice in the
Gazette, may approve, on the conditions
specified in the notice, an open fire place
for the purposes of subsection (3)(d) for
use in the premises, or a class of
premises, specified in the notice.
(6) A notice under this section is not a
statutory rule for the purposes of the
Rules Publication Act 1953.
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36N. Window covering for privacy
(1) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless curtains or
blinds cover each window in any room,
in the premises, that the owner knows is
likely to be used as a bedroom or a living
area.
Penalty: Fine not exceeding 50 penalty
units.
(2) Subsection (1) does not apply in relation
to social housing.
36O. Ventilation
(1) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises unless adequate
ventilation is provided to each room in
the premises in accordance with this
section.
Penalty: Fine not exceeding 50 penalty
units.
(2) For the purposes of subsection (1),
adequate ventilation is provided to a
room if -
(a) there are one or more openings,
in the room, that open to an area
of the premises that is not both
covered by a ceiling and
33
Residential Tenancy Amendment Act 2013
Act No. of
s. 16 Part 2 - Residential Tenancy Act 1997 Amended
surrounded by walls (including
any walls with doors or
windows); and
(b) the total area of all such openings
constitutes not less than 5 per
cent of the floor area of the room.
(3) For the purposes of subsection (1),
adequate ventilation is provided to a
room (the first room) if -
(a) one or more openings, in the
room, open to an adjoining room;
and
(b) the first room or the adjoining
room to which the openings open
is not a sanitary compartment;
and
(c) the total area, of all the openings
in the first room that open to an
adjoining room, constitutes not
less than 5 per cent of the floor
area of the first room; and
(d) there are one or more openings in
the adjoining room (not being the
same openings as the openings in
the first room); and
(e) the total area, of all the openings
in the adjoining room (not being
the same openings as the
openings in the first room),
constitutes not less than 5 per
34
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 16
cent of the floor area of the
adjoining room.
(4) For the purposes of subsection (1),
adequate ventilation is provided to a
room that is a sanitary compartment,
bathroom or laundry if the room is
ventilated by a functioning mechanism
(including but not limited to an exhaust
fan) that -
(a) takes air from the room directly
to an area of the premises that is
not both covered by a ceiling and
surrounded by walls (including
any walls with doors or
windows); or
(b) takes air from the room directly
to a roof space that -
(i) is adequately ventilated
by open eaves or roof
vents, or both; or
(ii) is covered by roof tiles to
which sarking, or another
material that would
prevent air escaping
between gaps in the tiles,
has not been applied.
(5) An owner must not enter into, extend, or
renew, a residential tenancy agreement in
relation to premises that contain a sliding
window that provides adequate
ventilation for the purposes of
35
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s. 16 Part 2 - Residential Tenancy Act 1997 Amended
subsection (1), unless the window is able
to be locked into a position that creates a
gap, between an edge of the sliding
window and an edge of the window
frame, that -
(a) is not less than 15 cms wide; and
(b) does not enable a person to enter
the room in which the window is
situated.
Penalty: Fine not exceeding 50 penalty
units.
(6) In this section -
opening means -
(a) an open space in a door,
wall or ceiling; or
(b) a space that is created, or
may be created, by the
opening of a window or a
door or other structure in
a door, wall or ceiling;
sanitary compartment means a room
designed to contain a toilet and
not designed to contain a bath or
shower.
36
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36P. Exemption from requirements of provision
of this Part
(1) The Director of Consumer Affairs and
Fair Trading, by notice to an owner of
premises, may specify that, for the period
specified in the notice, premises, or a
class of premises, specified in the notice
are exempted from the application of
any, or all, provisions of this Part that are
specified in the notice.
(2) If premises are specified, or are within a
class of premises specified, in a notice
under subsection (1), to be exempted
from the application of a provision of this
Part, the provision does not apply in
relation to the premises for the period
specified in the notice.
17. Section 37 amended (Termination of agreement)
Section 37(1) of the Principal Act is amended by
inserting after paragraph (da) the following
paragraphs:
(db) the making of a closure order in relation
to the premises under section 87 of the
Public Health Act 1997; or
(dc) the death of the tenant, if there is no
other surviving tenant in relation to the
premises; or
37
Residential Tenancy Amendment Act 2013
Act No. of
s. 18 Part 2 - Residential Tenancy Act 1997 Amended
18. Section 38 amended (Notice of termination by
tenant)
Section 38(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c)
"terminate it." and substituting
"terminate it;";
(b) by inserting the following paragraph after
paragraph (c):
(d) the residential tenancy agreement
is due to expire not more than 60
days after the date on which the
notice is served on the owner.
19. Section 39 amended (Effect of notice of termination)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A
notice" and substituting "Subject to
subsections (3) and (4), a notice";
(b) by inserting the following paragraph after
paragraph (a) in subsection (1):
(ab) in the case of a residential
tenancy agreement for a fixed
period, at least 14 days after the
notice is served but not before the
date of the expiry of the
agreement; or
38
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 19
(c) by inserting the following subsections
after subsection (2):
(3) If -
(a) a residential tenancy
agreement in respect of
premises is not for a fixed
period; and
(b) the premises are not
boarding premises; and
(c) a date, specified in a
notice of termination in
respect of the agreement,
is a date that is not 14
days or more after the
notice is served on the
owner -
the notice of termination is not
invalid but only takes effect on
the day after the end of 14 days
after the day on which the notice
is served.
(4) If -
(a) a residential tenancy
agreement in respect of
premises is for a fixed
period; and
(b) the premises are not
boarding premises; and
39
Residential Tenancy Amendment Act 2013
Act No. of
s. 20 Part 2 - Residential Tenancy Act 1997 Amended
(c) a date, specified in a
notice of termination in
respect of the premises, is
a date that is -
(i) not 14 days or
more after the
notice is served on
the owner; and
(ii) not before the date
on which the
agreement
expires -
the notice of termination is not
invalid but only takes effect on
the day after the end of 14 days
after the day on which the notice
is served.
20. Section 42 amended (Notice to vacate by owner)
Section 42 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", including
but not limited to social housing," after
"of residential premises";
(b) by omitting paragraphs (b) and (c) from
subsection (1) and substituting the
following paragraph:
40
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 20
(b) where the residential tenancy
agreement is not for a fixed
period, that -
(i) the premises are to be
sold or transferred to
another person; or
(ii) the premises are to be
used for a purpose other
than as residential
premises for rental; or
(iii) significant renovations are
to be performed in respect
of the premises; or
(iv) the premises are to be
used as a residence by a
member of the family of
the owner;
(c) by omitting from subsection (1)(d) "28
days" and substituting "60 days";
(d) by inserting the following paragraphs
after paragraph (d) in subsection (1):
(da) that, where the residential
tenancy agreement relates to
social housing -
(i) the income of the tenant,
for a continuous 12-
month period, beginning
not more than 18 months
before the notice is given,
41
Residential Tenancy Amendment Act 2013
Act No. of
s. 20 Part 2 - Residential Tenancy Act 1997 Amended
is more than the
prescribed amount; or
(ii) the value of the assets of
the tenant, in the 30 days
before the notice is given,
is more than the relevant
value as determined in
accordance with
subsection (1B), less any
debts or liabilities of the
tenant;
(db) that, where the residential
tenancy agreement relates to
social housing -
(i) the premises contain 4 or
more bedrooms, the
tenants do not reasonably
require all of the
bedrooms in the premises
and alternative premises
have been offered to the
tenant by the owner; or
(ii) the premises have a
special facility, or
modification, suitable for
a person with a disability
or special requirements,
the tenant does not require
such a facility or
modification and
alternative premises have
42
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 20
been offered to the tenant
by the owner;
(dc) that, where the residential
tenancy agreement relates to
social housing, the tenant has,
without the approval of the
Director of Housing, for a
continuous period of more than 8
weeks not occupied the premises;
(e) by inserting the following subsections
after subsection (1):
(1A) For the purposes of
subsection (1)(b), significant
renovations are to be performed
in respect of premises if -
(a) the premises would be
unfit for occupation while
the renovations are taking
place; or
(b) were the premises to
remain occupied by a
tenant during the
renovations, there would
be a risk to the health or
safety of any tenant, any
visitors or any person
carrying out the
renovations.
(1B) For the purposes of
subsection (1)(da)(ii), the value
of the assets of a tenant is more
43
Residential Tenancy Amendment Act 2013
Act No. of
s. 20 Part 2 - Residential Tenancy Act 1997 Amended
than the relevant value if the
combined value of any or all of
the following is more than the
prescribed amount:
(a) any real or personal
property (other than
household goods or any
motor vehicles) owned by
the tenant;
(b) any estates, or interests in,
any real or personal
property (other than
household goods or any
motor vehicles) of the
tenant;
(c) any rights of the tenant, or
any amounts owed to the
tenant (other than in
relation to household
goods or any motor
vehicles).
(1C) The regulations may prescribe for
the purposes of
subsection (1)(db)(i) the
circumstances in which tenants
do not reasonably require all of
the bedrooms in premises.
(f) by inserting the following subsections
after subsection (3):
(4) In subsection (1)(b)(iv) and
subsection (5), a reference to an
44
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 21
owner in relation to a member of
the family of the owner does not
include a reference to a person
who is an owner by virtue of
paragraph (c) of the
definition of owner in
section 3(1).
(5) In this section -
member of the family of an
owner means -
(a) the owner's
domestic partner,
son, daughter or
parent; or
(b) a parent of the
owner's domestic
partner; or
(c) another person
who normally
lives with the
owner and is
wholly or
substantially
dependent on the
owner.
21. Section 43 amended (Effect of notice to vacate)
Section 43 of the Principal Act is amended as
follows:
45
Residential Tenancy Amendment Act 2013
Act No. of
s. 21 Part 2 - Residential Tenancy Act 1997 Amended
(a) by omitting from subsection (1) "A
notice" and substituting "Subject to this
section, a notice";
(b) by omitting from subsection (1)(a)
"section 42(1)(a), (b) or (g)" and
substituting "section 42(1)(a), (dc) or
(g)";
(c) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraphs:
(b) at least 28 days after the notice is
served, if the notice is for the
reason referred to in
section 42(1)(db); or
(ba) at least 42 days after the notice is
served, if the notice is for the
reason referred to in
section 42(1)(b); or
(d) by omitting from subsection (1)(c) "14
days" and substituting "42 days";
(e) by omitting from subsection (1)(c)
"agreement." and substituting
"agreement; or";
(f) by inserting the following paragraphs
after paragraph (c) in subsection (1):
(d) at least 60 days after the notice is
served, if the notice is for the
reason referred to in
section 42(1)(e) or (f); or
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 21
(e) at least 90 days after the notice is
served, if the notice is for the
reason referred to in
section 42(1)(da).
(g) by inserting the following subsections
after subsection (3):
(3A) A notice to vacate on the ground
that the premises are to be sold or
transferred is of no effect unless
there is served with the notice
proof of an agreement to sell the
premises or to transfer the
premises to another person.
(3B) If a notice to vacate for a reason
specified in a paragraph in
subsection (1) (other than
subsection (1)(d)) specifies a date
on which the notice is to take
effect that is a date that occurs
before the last day of the period
of days specified in the
paragraph, the notice to vacate is
not invalid but only takes effect
on the day after the last day of the
period.
(3C) If a notice to vacate for a reason
specified in subsection (1)(d)
specifies a date on which the
notice is to take effect that is a
date -
47
Residential Tenancy Amendment Act 2013
Act No. of
s. 22 Part 2 - Residential Tenancy Act 1997 Amended
(a) before the end of the
period of 42 days after the
notice is served; and
(b) not before the date of
expiry of the residential
tenancy agreement in
respect of the premises -
the notice to vacate is not invalid
but only takes effect on the day
after the end of the period of 42
days after the notice is served.
22. Section 45 amended (Order for vacant possession)
Section 45 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (3):
(ca) where the premises are social
housing and the reason for
serving the notice is a reason
referred to in section 42(1)(da),
(db) or (dc), vacating the
premises would not result in
unreasonable financial
disadvantage, or unreasonable
social disadvantage, to the tenant;
and
(b) by inserting the following subsections
after subsection (3):
48
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 23
(3A) The Commissioner may issue
guidelines setting out the
circumstances in which vacating
premises is to be taken to result in
unreasonable financial
disadvantage, or unreasonable
social disadvantage, to a tenant.
(3B) Guidelines, if any, issued under
subsection (3A) may be taken
into account in considering
whether, for the purposes of this
section, vacating premises would
result in unreasonable financial
disadvantage, or unreasonable
social disadvantage, to the tenant.
(c) by inserting in subsection (5)(a) "(even if
the statement of the date on which the
notice takes effect is incorrect because of
the operation of section 43(3B) or (3C))"
after "section 44".
23. Section 49B inserted
After section 49A of the Principal Act, the
following section is inserted in Part 5:
49B. Tenancy ceases on death of tenant
Despite any other law to the contrary, on
the death of a tenant, the tenancy does
not vest in the heirs or successors of the
tenant.
49
Residential Tenancy Amendment Act 2013
Act No. of
s. 24 Part 2 - Residential Tenancy Act 1997 Amended
24. Section 55A inserted
After section 55 of the Principal Act, the
following section is inserted in Part 5:
55A. Certain photographs not to be displayed by
owner
An owner of residential premises must
not, without the written consent of a
tenant, display to the public a photograph
of the premises that displays any object
in the premises that may identify the
tenant or another person or that belongs
to the tenant.
Penalty: Fine not exceeding 50 penalty
units.
25. Section 57 amended (Locks and security devices)
Section 57 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) ", other
than boarding premises," after
"residential premises";
(b) by inserting the following penalty after
paragraph (b) in subsection (1):
Penalty: Fine not exceeding 50 penalty
units.
(c) by omitting subsection (1A) and
substituting the following subsection:
50
Residential Tenancy Amendment Act 2013
Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 25
(1A) The owner of boarding premises
is to ensure that during the period
of the residential tenancy
agreement -
(a) the room, occupied as a
principal place of
residence, to which all or
part of the agreement
relates is fitted with a lock
and any other device that
is necessary to secure the
room; and
(b) the bathroom and toilet
facilities in the boarding
premises are fitted with a
device enabling an
occupant of the facility to
exclude other persons
while using the facility or
a part of the facility
intended for use by one
person at a time; and
(c) any entrance to the
premises in which the
boarding premises are
situated is fitted with a
lock and any other device
that is necessary to secure
the boarding premises;
and
(d) the locks and other
devices necessary to
51
Residential Tenancy Amendment Act 2013
Act No. of
s. 25 Part 2 - Residential Tenancy Act 1997 Amended
secure the boarding
premises are maintained
during the period of the
residential tenancy
agreement.
Penalty: Fine not exceeding 50
penalty units.
(d) by inserting the following penalty after
paragraph (b) in subsection (2):
Penalty: Fine not exceeding 50 penalty
units.
(e) by inserting the following subsections
after subsection (2):
(2A) Subsection (2) does not apply to a
person in relation to the addition,
alteration or removal of a lock in
circumstances to which
subsection (2B) applies.
(2B) A tenant may, without the
authority of an order of the Court
or the consent of the owner of the
residential premises, add, alter or
remove any lock or other security
device if -
(a) an FVO, within the
meaning of the Family
Violence Act 2004 (a
family violence order), is
in force under that Act;
and
52
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Part 2 - Residential Tenancy Act 1997 Amended s. 26
(b) the order was made for
the purpose of protecting
the tenant.
(f) by inserting the following penalty after
subsection (5):
Penalty: Fine not exceeding 50 penalty
units.
26. Section 62 amended (Notification of name and
address)
Section 62 of the Principal Act is amended as
follows:
(a) by inserting the following penalty after
paragraph (b) in subsection (1):
Penalty: Fine not exceeding 50 penalty
units.
(b) by inserting the following penalty after
paragraph (b) in subsection (2):
Penalty: Fine not exceeding 50 penalty
units.
(c) by inserting the following penalty after
subsection (3):
Penalty: Fine not exceeding 50 penalty
units.
(d) by inserting the following penalty after
subsection (4):
53
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Act No. of
s. 27 Part 2 - Residential Tenancy Act 1997 Amended
Penalty: Fine not exceeding 50 penalty
units.
27. Sections 68B and 68C inserted
After section 68A of the Principal Act, the
following sections are inserted in Part 5:
68B. General transitional, &c., provisions
consequent on Residential Tenancy
Amendment Act 2013
(1) An amendment to this Act made by the
amending Act applies in relation to all
premises, and all residential tenancy
agreements, except as otherwise provided
for in this section or section 68C.
(2) If a residential tenancy agreement is
entered into, or extended or renewed,
before the amendments to section 11
made by the amending Act commence,
those amendments -
(a) do not apply in relation to the
agreement until 12 months after
the amendments commence; and
(b) despite paragraph (a), do not
apply in relation to an expiry of
the agreement that occurs before
14 months after the amendments
commence.
(3) If a residential tenancy agreement is
entered into, or extended or renewed,
54
Residential Tenancy Amendment Act 2013
Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 27
before the amendment to section 12
made by the amending Act commences,
the amendment -
(a) does not apply in relation to the
residential tenancy agreement
until 12 months after the
amendment commences; and
(b) despite paragraph (a), does not
apply in relation to an expiry of
the agreement that occurs before
14 months after the amendment
commences.
(4) Section 16B does not apply to an
advertisement by or on behalf of an
owner that is lodged for publication with
another person before the section
commences.
(5) Section 17(3A) does not apply in relation
to a residential tenancy agreement
entered into, or extended or renewed,
before that section commences, until 12
months after the section commences.
(6) If a residential tenancy agreement is
entered into, or extended or renewed,
before the amendments to sections 20
and 23 made by the amending Act
commence, those amendments do not
apply in relation to the agreement until
12 months after the amendments
commence.
55
Residential Tenancy Amendment Act 2013
Act No. of
s. 27 Part 2 - Residential Tenancy Act 1997 Amended
(7) If a residential tenancy agreement is
entered into, or extended or renewed,
before the amendments to sections 38
and 39 made by the amending Act
commence, those amendments -
(a) do not apply in relation to the
agreement until 12 months after
the amendments commence; and
(b) do not apply in relation to the
expiry of the agreement if the
expiry occurs within 14 months
after the amendments commence.
(8) If a residential tenancy agreement is
entered into, or extended or renewed,
before the amendments to sections 42, 43
and 45 made by the amending Act
commence, the amendments -
(a) do not apply in relation to the
agreement until 12 months after
the amendments commence; and
(b) do not apply in relation to a
notice to vacate issued before 12
months after the amendments
commence.
(9) Section 49B does not apply in relation to
the death of a tenant before that section
commences.
(10) If a residential tenancy agreement is
entered into, or extended or renewed,
before the amendments to section 57
56
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Act No. of
Part 2 - Residential Tenancy Act 1997 Amended s. 27
made by the amending Act commence,
those amendments (other than the
amendment that inserts section 57(2A)
and (2B)) do not apply in relation to the
premises to which the agreement relates
until 12 months after the amendments
commence.
(11) In this section -
amending Act means the Residential
Tenancy Amendment Act 2013.
68C. Transitional, &c., provisions relating to new
standards contained in Residential Tenancy
Amendment Act 2013
(1) If a residential tenancy agreement in
relation to premises is entered into, or
extended or renewed, before section 36I
commences, that section does not apply
in relation to the premises, for so long as
the agreement remains in effect, until 3
years after the section commences.
(2) If a residential tenancy agreement in
relation to premises is entered into, or
extended or renewed, after section 36I
commences but before 12 months after
that section commences, that section
does not apply in relation to the
premises, for so long as the agreement
remains in effect, until 12 months after
the section commences.
(3) Section 36J(1) does not apply in relation
to a residential tenancy agreement if the
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agreement is entered into within 30 days
after that provision commences.
(4) If a residential tenancy agreement is
entered into, or extended or renewed,
before, or within 12 months after,
section 36J(2) commences,
section 36J(2) does not apply in relation
to that entering into, extension or
renewal.
(5) If a residential tenancy agreement in
relation to premises is entered into, or
extended or renewed, before
section 36J(3) commences,
section 36J(3) does not apply in relation
to the premises until 3 years after the
section commences.
(6) If a residential tenancy agreement in
relation to premises is entered into, or
extended or renewed, after section 36J(3)
commences but before 12 months after
that provision commences, that provision
does not apply in relation to the premises
until 12 months after the provision
commences.
(7) If a residential tenancy agreement is
entered into, or extended or renewed,
before section 36K, 36L, 36M, 36N or
36O commences, that section only
applies in relation to a renewal or
extension of the tenancy agreement that
occurs after 3 years after the section
commences.
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(8) If a residential tenancy agreement is
entered into, or extended or renewed,
within 12 months after section 36K, 36L,
36M, 36N or 36O commences, that
section -
(a) does not apply to the entry into,
or the extension or renewal of,
the agreement; and
(b) only applies in relation to a
renewal or extension of the
agreement that occurs after 3
years after the section
commences.
(9) In this section -
amending Act means the Residential
Tenancy Amendment Act 2013.
59
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Act No. of
s. 28 Part 3 - Land Titles Act 1980 Amended
PART 3 - LAND TITLES ACT 1980 AMENDED
28. Principal Act
In this Part, the Land Titles Act 1980* is referred
to as the Principal Act.
29. Section 146 amended (Mortgagee, encumbrancee or
lessor may obtain possession in certain cases)
Section 146(6A) of the Principal Act is amended
by omitting "28 days' written notice" and
substituting "60 days' written notice".
*No. 19 of 1980
60
Residential Tenancy Amendment Act 2013
Act No. of
Part 4 - Concluding Provision s. 30
PART 4 - CONCLUDING PROVISION
30. Repeal of Act
This Act is repealed on the three hundredth and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 61