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TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT
(BOARDING PREMISES) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Application of Act)
6. Section 6 amended (Non-application of Act)
7. Section 8 amended (General functions and powers of
Commissioner)
8. Section 14 amended (Information as to rights and
obligations)
9. Section 19 amended (Payment period)
10. Section 21 amended (Receipt for rent paid)
11. Section 25 amended (Security deposits)
12. Section 32 amended (General repairs and maintenance)
13. Section 33 amended (Urgent repairs)
14. Section 34 amended (Emergency repairs)
15. Section 35 amended (Reimbursement of cost of repairs)
16. Section 36 amended (Disputing liability to reimburse)
17. Section 39 amended (Effect of notice of termination)
[Bill 27]-IV
18. Section 40 amended (Form of notice of termination)
19. Part 4A inserted
PART 4A - Boarding Premises
48A. Application of Part 4A
48B. Cost of meals and other services
48C. Access to toilet and ablution facilities
48D. Shared rooms
48E. Meal times
48F. Maintenance of shared facilities
48G. Statement of key terms
48H. Content of house rules
48I. Power of Commissioner to make orders
48J. Appeal from orders of Commissioner
20. Section 56 amended (Right of entry)
21. Section 57 amended (Locks and security devices)
22. Section 62 amended (Notification of name and address)
2
RESIDENTIAL TENANCY AMENDMENT
(BOARDING PREMISES) BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997
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:
Short title
1. This Act may be cited as the Residential Tenancy
Amendment (Boarding Premises) Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Residential Tenancy Act 1997* is
referred to as the Principal Act.
*No. 82 of 1997
[Bill 27] 3
s. 4 No. Residential Tenancy Amendment 2003
(Boarding Premises)
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by inserting the following definition after the
definition of "agent":
"boarding premises" means a room
and any other facilities provided
with the room where -
(a) the room is occupied as a
principal place of residence;
and
(b) any of the bathroom, toilet
or kitchen facilities are
shared with other persons -
but does not include premises
located in a building occupied
predominately by -
(c) tertiary students; or
(d) students within the meaning
of the TAFE Tasmania Act
1997;
(b) by inserting "and includes boarding premises"
after "residence" in the definition of
"residential premises";
(c) by omitting "agreement." from the definition of
"tenant" and substituting "agreement;";
(d) by inserting the following definition after the
definition of "tenant":
"tertiary student" means a person
undertaking a course at an
4
2003 Residential Tenancy Amendment No. s. 5
(Boarding Premises)
institution as defined by section 4
of the Higher Education Funding
Act 1988 of the Commonwealth.
Section 5 amended (Application of Act)
5. Section 5(1) of the Principal Act is amended as follows:
(a) by inserting the following paragraph after
paragraph (a):
(ab) any residential tenancy agreement
for boarding premises entered into
on or after the commencement of
the Residential Tenancy
Amendment (Boarding Premises)
Act 2003; and
(b) by omitting from paragraph (b)(ii) "extended."
and substituting "extended; and";
(c) by inserting the following paragraph after
paragraph (b):
(c) any residential tenancy agreement
for boarding premises entered into
before the commencement of the
Residential Tenancy Amendment
(Boarding Premises) Act 2003 -
(i) with effect from the first
payment date that occurs 12
months after that
commencement; or
(ii) if the agreement is renewed
or extended within that 12
month period, with effect
5
s. 6 No. Residential Tenancy Amendment 2003
(Boarding Premises)
from the day on which it is
renewed or extended.
Section 6 amended (Non-application of Act)
6. Section 6(2) of the Principal Act is amended as follows:
(a) by inserting in paragraph (a) "that is not
boarding premises" after "motel";
(b) by omitting paragraph (c) and substituting the
following paragraph:
(c) any boarding premises located in a
building containing less than 3
boarding premises where -
(i) the owner occupies the same
building as a principal place
of residence; or
(ii) the tenant occupies the
building as a principal place
of residence and sub-lets the
boarding premises;
Section 8 amended (General functions and powers of
Commissioner)
7. Section 8 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "and, in the case
of boarding premises, act in the mediation or
conciliation of any disputes between the
parties" after "deposits";
6
2003 Residential Tenancy Amendment No. s. 8
(Boarding Premises)
(b) by inserting in subsection (2) "under this Act
and, in particular, his or her powers under
section 48I" after "functions".
Section 14 amended (Information as to rights and
obligations)
8. Section 14 of the Principal Act is amended as follows:
(a) by omitting "If a residential tenancy
agreement is wholly or partly oral, the owner
of the residential premises to which it relates"
and substituting "An owner of residential
premises";
(b) by omitting "provide" and substituting "direct".
Section 19 amended (Payment period)
9. Section 19 of the Principal Act is amended by omitting
subsection (2) and substituting the following subsection:
(2) A payment period must not exceed -
(a) 2 weeks in the case of boarding
premises; or
(b) 4 weeks in any other case.
Section 21 amended (Receipt for rent paid)
10. Section 21 of the Principal Act is amended as follows:
(a) by omitting from paragraph (d) "paid." and
substituting "paid; and";
7
s. 11 No. Residential Tenancy Amendment 2003
(Boarding Premises)
(b) by inserting the following paragraph after
paragraph (d):
(e) the period to which the payment
relates.
Section 25 amended (Security deposits)
11. Section 25(1) of the Principal Act is amended by
omitting "An" and substituting "Except in the case of
boarding premises, an".
Section 32 amended (General repairs and
maintenance)
12. Section 32 of the Principal Act is amended by omitting
subsection (3) and substituting the following subsection:
(3) The owner is to carry out any repairs
specified in the notice that do not arise from any
fault of the tenant -
(a) in the case of boarding premises, within
7 days; or
(b) in any other case, within 28 days -
after receipt of the notice.
Section 33 amended (Urgent repairs)
13. Section 33 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
8
2003 Residential Tenancy Amendment No. s. 14
(Boarding Premises)
(1) If an essential service ceases to
function -
(a) the tenant is to notify the owner as
soon as practicable of the need for
urgent repair; and
(b) the owner is to carry out the
necessary repairs, or otherwise
cause the essential service to be
restored, as soon as practicable
after that notification.
(b) by inserting the following subsection after
subsection (4):
(5) Subsections (2), (3) and (4) do not
apply to boarding premises.
Section 34 amended (Emergency repairs)
14. Section 34 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) If damage occurs to residential
premises -
(a) the tenant is to notify the owner as
soon as practicable of the need to
repair the damage; and
(b) the owner is to discharge his or
her obligations under section 32(1)
as soon as practicable.
(b) by inserting the following subsection after
subsection (4):
9
s. 15 No. Residential Tenancy Amendment 2003
(Boarding Premises)
(5) Subsections (2), (3) and (4) do not
apply to boarding premises.
Section 35 amended (Reimbursement of cost of
repairs)
15. Section 35 of the Principal Act is amended by
inserting after subsection (2) the following subsection:
(3) This section does not apply to boarding
premises.
Section 36 amended (Disputing liability to
reimburse)
16. Section 36 of the Principal Act is amended by
inserting after subsection (4) the following subsection:
(5) This section does not apply to boarding
premises.
Section 39 amended (Effect of notice of termination)
17. Section 39 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) A notice of termination takes effect on a
date specified in the notice that is a date -
(a) in the case of boarding premises, at least
2 days after the notice is served; or
(b) in any other case, at least 14 days after
the notice is served.
10
2003 Residential Tenancy Amendment No. s. 18
(Boarding Premises)
Section 40 amended (Form of notice of termination)
18. Section 40 of the Principal Act is amended as follows:
(a) by omitting "A" and substituting "(1) In the
case of premises other than boarding premises,
a";
(b) by inserting after subsection (1) the following
subsection:
(2) In the case of boarding premises, a
notice of termination is to state -
(a) that the tenant intends to vacate
the premises; and
(b) the date on which the tenant
intends to vacate, which is to be at
least 2 days after the date of the
notice.
Part 4A inserted
19. After section 48 of the Principal Act, the following
Part is inserted:
PART 4A - BOARDING PREMISES
Application of Part 4A
48A. This Part applies only to boarding premises.
Cost of meals and other services
48B. (1) A residential tenancy agreement in respect
of boarding premises is to specify, separately from
11
s. 19 No. Residential Tenancy Amendment 2003
(Boarding Premises)
the rent, the cost of meals and any other services
provided in association with accommodation.
(2) A receipt given by the owner for a payment
of rent is to specify separately any amounts paid for
meals or any other services provided in association
with the accommodation.
Access to toilet and ablution facilities
48C. (1) A tenant at boarding premises is entitled
to -
(a) access at all times to a toilet and hand-
washing facilities; and
(b) reasonable use of either a bathroom or a
shower at least once each day.
(2) Access to a toilet, bathroom or shower
under this section is to be private.
Shared rooms
48D. An owner must not permit boarding premises
to be occupied by more than one person unless they
are joint tenants under the residential tenancy
agreement or one of them is a carer for the other
person.
Meal times
48E. If meals are provided in connection with the
provision of accommodation, the meals are to be
provided within the following periods:
12
2003 Residential Tenancy Amendment No. s. 19
(Boarding Premises)
(a) in the case of breakfast, from 6 am to 9
am;
(b) in the case of lunch, from 12 midday to 2
pm;
(c) in the case of dinner, from 5 pm to 8 pm.
Maintenance of shared facilities
48F. An owner of boarding premises is responsible
for the maintenance in proper working condition of
any bathrooms, toilets and other facilities which are
shared by tenants.
Statement of key terms
48G. (1) Before entering into a residential tenancy
agreement, whether in writing or not, the owner
must provide the tenant with a written statement as
to the principal terms of the agreement.
(2) The statement is to be signed by both the
owner and the tenant on entering into the
agreement.
(3) The statement -
(a) is to be accompanied by a copy of any
house rules, as mentioned in
section 48H, that apply to the tenant; or
(b) is to specify a place within the premises
where the tenant may inspect the house
rules at any time.
13
s. 19 No. Residential Tenancy Amendment 2003
(Boarding Premises)
(4) The owner must keep a copy of the
statement for at least 6 months after the
termination of the agreement.
(5) For the purposes of this section, the
principal terms of a residential tenancy agreement
include -
(a) the names of the owner and the tenant;
and
(b) the location of the boarding premises;
and
(c) any facilities provided for the use of the
tenant; and
(d) the date on which the agreement is
made; and
(e) if the agreement is for a fixed term, the
date of expiry of the agreement; and
(f) the amount of rent and the period for
which it is to be paid; and
(g) a statement of any services to be
provided in connection with the
agreement and the cost, times and
frequency of each of those services.
Content of house rules
48H. (1) If a residential tenancy agreement requires
the tenant to observe any house rules, the rules are
to apply equally to all tenants and are to state -
(a) if meals are to be provided, the times
when they are available; and
14
2003 Residential Tenancy Amendment No. s. 19
(Boarding Premises)
(b) where facilities are provided for shared
use, any restrictions or costs associated
with access to, or use of, those facilities;
and
(c) any rules relating to access to bathroom
and shower facilities; and
(d) any restrictions on access by visitors;
and
(e) any restrictions on the use of parking
facilities or the storage of goods; and
(f) where services are provided in
connection with accommodation, the
times when the services are available;
and
(g) if smoking is restricted, the places where
smoking is permitted; and
(h) any restrictions on the consumption of
alcohol; and
(i) a method of changing the house rules;
and
(j) a method of taking into account the
views of tenants in the development of
house rules.
(2) If a house rule is inconsistent with a
provision of this Act, the house rule is invalid to the
extent of the inconsistency.
(3) The house rules are to be displayed in a
prominent place to which all tenants have access or
are to be available on demand to any tenant.
15
s. 19 No. Residential Tenancy Amendment 2003
(Boarding Premises)
Power of Commissioner to make orders
48I. (1) The Commissioner may make an order
requiring that, in the case of boarding premises, a
party to a residential tenancy agreement is to
comply with a provision of this Act or of the
agreement and may also make any other order
provided for under this Act, except an order under
section 41 or 45.
(2) An order made under subsection (1) may be
enforced in the same manner as an order made by a
magistrate under the Magistrates Court (Civil
Division) Act 1992.
Appeal from orders of Commissioner
48J. (1) A person who is aggrieved by an order
made by the Commissioner made under section 48I
may appeal to a magistrate within 7 days after
receiving notice of that order.
(2) The appeal is to be by way of rehearing and
the magistrate may -
(a) confirm the order of the Commissioner
and direct that the order is to take effect
from a specified date; or
(b) set aside the order of the Commissioner;
or
(c) set aside the order of the Commissioner
and substitute another order that the
Commissioner could have made.
(3) The appeal is to be heard in accordance
with the Magistrates Court (Small Claims Division)
16
2003 Residential Tenancy Amendment No. s. 20
(Boarding Premises)
Act 1989 and, subject to this section, is to be
instituted, heard and determined as prescribed.
Section 56 amended (Right of entry)
20. Section 56(3) of the Principal Act is amended by
omitting paragraph (f) and substituting the following
paragraph:
(f) to carry out routine inspections -
(i) once a month, in the case of boarding
premises; or
(ii) once every 3 months, in any other case.
Section 57 amended (Locks and security devices)
21. Section 57 of the Principal Act is amended by
inserting after subsection (1) the following subsection:
(1A) In the case of boarding premises, each
room is to be fitted with a lock and any other device
that is necessary to secure the boarding premises.
Section 62 amended (Notification of name and
address)
22. Section 62(1) of the Principal Act is amended by
omitting paragraphs (a) and (b) and substituting the
following paragraphs:
(a) the full name and residential or business
address of the owner or any agent of the
owner; and
17
s. 22 No. Residential Tenancy Amendment 2003
(Boarding Premises)
(b) in the case of boarding premises, a telephone
number or other means of contacting the
owner at any time.
18 Government Printer, Tasmania