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CLAUSE NOTES
Residential Tenancy Amendment Bill 2010
PART 1 PRELIMINARY
Clause 1 Short Title
The Act is referred to as the Residential Tenancy
Amendment Act 2010
Clause 2 Commencement
The Act commences upon Royal Assent.
Clause 3 Principal Act
The Residential Tenancy Act 1997 is referred to as
the Principal Act.
Clause 4 Section 3 amended (Interpretation)
Inserts the definition of "residential manager" "a
person who enters into a residential management
agreement with the owner of residential premises"
under the new section 16A.
Clause 5 Section 5 amended (Non-Application of the Act)
Provides that the Act applies to a rental dwelling as
defined by the National Rental Affordability Scheme
Regulations 2008.
Clause 6 Section 6 amended (Non-application of Act)
Removes the current exemption provided to an
`educational institution'. In effect, ensures that the
Act applies to University of Tasmania's rental
accommodation.
The exemption for educational institutions, other than
for NRAS properties, will be made by regulation rather
than in the body of the Act.
Clause 7 Part 3, Division 1A inserted
Inserts a new Division 1A which provides for
"residential management agreements".
Div 1 A Residential management agreements
Section 16A - details when a residential management
agreement exists.
Where such an agreement is established the
residential manager is "taken to be the owner" for the
purposes of the Act. The Act then does not apply to
actual owner of the property. In effect, the obligations
placed on the owner by the Act are `transferred' to the
residential manager.
Where a residential manager dies or becomes
insolvent, or is wound up (while the residential
management agreement is in force) the residential
manager ceases to be the owner for the purposes of
the Act. The actual owner is then subject to the
obligations under the Act, with the tenant provided
with protection under the Act at all times.
Clause 8 Section 27 substituted
Provides that a claim form for the payment of a rental
bond is to be in a form approved by the Director of
Consumer Affairs and Fair Trading.
Clause 9 Section 29B amended (Claim by tenant)
Provides that, where there is a claim by a tenant
against the rental bond, notice of receipt of the claim
must be provided to the other parties, rather than a
copy of the claim form itself.
Clause 10 Section 29D amended (Claim by deposit
contributor)
Provides that, where there is a claim by a deposit
contributor against a rental; bond, notice of receipt of
the claim must be provided to the other parties, rather
than a copy of the claim form.
Clause 11 Section 29DA inserted
Inserts a new section 29DA after 29D of the Act.
Provides that the Rental Deposit Authority may refer a
claim lodged under sections:
29B - a claim by a tenant;
29C - claim by the owner; or
29D claim by the deposit contributor
to the Rental Tenancy Commissioner.
Clause 12 Section 49 amended (Subletting)
Omits sub-section 49(1) and substitutes a new
s49(1).
The substituted section 49(1) provides that a tenant is
not to sub-let residential premises without the owner's
consent and only where the tenant also occupies the
premises.
Further provides that an agreement to sublet
residential premises in contravention of section 49(1)
is invalid.
Clause 13 Section 68A inserted
Inserts a new section 68A (transitional and savings
provision) which provides that the amendments made
by this Act do not apply in respect of residential
tenancy agreements currently in force until 12 months
time after commencement of this Act.
Clause 14 Repeal of Act
Provides that this Act is repealed on the 90th day from
which it commences. However, the amendments
made by this Act to the Principal Act remain in force.