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RESIDENTIAL TENANCIES ACT 1987


TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Position of Crown
            
   5.      Application of Act
            
   6.      Modification of application of Act by regulation
            
   7.      Transitional provisions relating to commencement of this Act

   PART II -- Administration  

   7A.     Commissioner
            
   8.      Functions of Commissioner
            
   9.      Commissioner may institute or defend proceedings for party
            
   10.     Delegation by Commissioner
            
   11.     Protection of officers
            
   11A.    Information officially obtained to be confidential
            
   11B.    Powers of investigation

   PART III -- Determination of disputes  

   12.     Terms used
            
   12A.    Jurisdiction over prescribed disputes
            
   13.     Jurisdiction over other disputes
            
   13A.    Magistrates Court’s jurisdiction
            
   13B.    Appeals from decisions of registrar
            
   14.     Time for determination of proceedings
            
   15.     Applications for relief and orders that may be made
            
   16.     Enforcement
            
   17A.    Disputes between tenants
            
   17.     Application to vary or set aside order
            
   18.     Form of applications and notice of hearing
            
   19.     Witnesses and inspection of documents
            
   20.     General powers in proceedings
            
   21.     Evidence
            
   22.     Presentation of cases
            
   23.     Settlement by conciliation
            
   24.     Costs
            
   25.     Reservation of question of law
            
   26.     Finality of proceedings

   PART IV -- Residential tenancy agreements

           Division 1A -- Form of residential tenancy agreement and associated documents  

   27A.    Written residential tenancy agreement to be in prescribed form
            
   27B.    Information to be given to tenant by lessor
            
   27C.    Property condition report at start and end of tenancy

           Division 1 -- Rent and security bonds  

   27.     Restriction on consideration for tenancy agreement
            
   28.     Rent in advance
            
   29.     Security bonds
            
   30.     Variation of rent (except where calculated by reference to tenant’s income)
            
   31A.    Variation of rent where calculated by reference to tenant’s income
            
   31B.    Increase in rent after renegotiating lease
            
   31.     Increase in security bond
            
   32.     Limitation of excessive rents in certain circumstances
            
   33.     Duty to give receipt for rent
            
   34A.    Manner of payment of rent
            
   34.     Proper records of rent to be kept
            
   35.     Payment of rent by post-dated cheques etc. prohibited
            
   36.     Apportionment of rent

           Division 2 -- Standard terms  

   38.     Tenant’s responsibility for cleanliness and damage
            
   39.     Tenant’s conduct on premises
            
   40.     Vacant possession
            
   41.     Legal impediments to occupation as residence
            
   42.     Lessor’s responsibility for cleanliness and repairs
            
   43.     Urgent repairs
            
   44.     Quiet enjoyment
            
   45.     Securing premises
            
   46.     Lessor’s right of entry
            
   47.     Right of tenant to affix and remove fixtures etc.
            
   48.     Lessor to bear outgoings in respect of premises
            
   49A.    Lessor’s and tenant’s responsibilities in respect of public utility services
            
   49.     Right of tenant to assign or sub-let
            
   50.     Vicarious responsibility of tenant for breach by other person lawfully on premises

           Division 3 -- General  

   51.     Tenant to be notified of lessor’s name and address
            
   52.     Failure to pay rent with intention it be recovered from security bond
            
   53.     Tenant’s name, place of employment and forwarding address
            
   54.     Lessor to deliver copy of agreement to tenant
            
   55.     Cost of written agreement to be borne by lessor
            
   56.     Discrimination against tenants with children
            
   57.     Accelerated rent and liquidated damages prohibited
            
   58.     Duty of mitigation
            
   59A.    Minors
            
   59B.    Death of one of 2 or more tenants
            
   59C.    Recognition of certain persons as tenants
            
   59D.    Tenant compensation bonds
            
   59E.    Interference with quiet enjoyment
            
   59F.    Offences relating to security of residential premises

   PART V -- Termination of residential tenancy agreements

           Division 1 -- How residential tenancy agreements are terminated  

   60.     How residential tenancy agreements are terminated

           Division 2 -- Notices of termination  

   61.     Form of notice of termination by lessor
            
   62.     Notice of termination by lessor upon ground of breach of term of agreement
            
   63.     Notice of termination by lessor who has entered into contract of sale
            
   64.     Notice of termination by lessor without any ground
            
   65.     Termination by lessor where s. 32 invoked
            
   66.     Notice by lessor not waived by acceptance of rent
            
   67.     Form of notice of termination by tenant
            
   68.     Notice of termination by tenant
            
   69.     Notice of termination by lessor or tenant where agreement frustrated
            
   70A.    Notice of termination by lessor or tenant at end of fixed term tenancy
            
   70.     Effect of notice of termination of periodic tenancy

           Division 3 -- Special provisions about terminating social housing tenancy agreements

              Subdivision 1 -- Preliminary  

   71A.    Terms used
            
   71B.    Application of Division

              Subdivision 2 -- Notice of termination where tenant not eligible for social housing premises  

   71C.    Notice of termination by lessor on ground that tenant not eligible for social housing premises
            
   71D.    Assessment of tenants eligibility for social housing premises
            
   71E.    Criteria for assessing eligibility of tenants for social housing premises under s. 71D
            
   71F.    Review of decision to give notice on ground that tenant not eligible for social housing premises
            
   71G.    Time periods to be observed where notice of termination given under this Subdivision

              Subdivision 3 -- Notice of termination where tenant offered alternative social housing premises  

   71H.    Notice of termination by lessor where tenant offered alternative social housing premises
            
   71I.    Review of decision to give notice on ground that tenant offered alternative social housing premises
            
   71J.    Time periods to be observed where notice of termination given under this Subdivision

           Division 4 -- Orders for termination of residential tenancy agreement  

   71.     Application by lessor for termination and order for possession
            
   72.     Application for termination and order for possession in relation to fixed term agreements
            
   73A.    Notice of termination not required in certain cases
            
   73.     Termination of agreement where tenant causing serious damage or injury
            
   74.     Termination of agreement where lessor or tenant would otherwise suffer undue hardship
            
   75A.    Termination of social housing tenancy agreement due to objectionable behaviour
            
   75.     Termination of agreement for breach by lessor
            
   76A.    Termination of agreement by lessor if premises abandoned
            
   76B.    Dispute about s. 76A notice

           Division 5 -- General  

   76C.    Fixed term tenancies continued as periodic tenancies
            
   76.     Compensation to lessor for holding over
            
   77.     Abandonment of premises
            
   78A.    Order about abandonment
            
   78B.    Review of abandonment order
            
   78.     Right of lessor to compensation where tenant abandons premises
            
   79.     Abandoned goods
            
   80A.    Abandoned documents
            
   80.     Recovery of possession of premises prohibited except by court order
            
   81A.    Mortgagee repossessions of rented properties
            
   81B.    Notice of proposed recovery of premises by person with superior title
            
   81.     Order for tenancy against person with superior title

   PART VIA -- Residential tenancy databases

           Division 1 -- Preliminary  

   82A.    Terms used
            
   82B.    Application of Part

           Division 2 -- Tenancy database information  

   82C.    Notice of usual use of database
            
   82D.    Notice of listing if database used
            
   82E.    Listing can be made only for particular breaches by particular persons
            
   82F.    Further restriction on listing
            
   82G.    Ensuring quality of listing -- lessor’s or agent’s obligation
            
   82H.    Ensuring quality of listing -- database operator’s obligation
            
   82I.    Providing copy of personal information listed
            
   82J.    Disputes about listings
            
   82K.    Keeping personal information listed

   PART VI -- Miscellaneous  

   82.     Contracting out
            
   83.     Recovery of amounts paid under mistake of law or fact
            
   84.     Exemption of tenancy agreement or premises from provision of Act
            
   85.     Service
            
   86.     Court may refer matter to Commissioner for investigation
            
   87A.    Defence where lessor and property manager are both charged with the same offence
            
   87.     Time for bringing proceedings
            
   88A.    Infringement notices
            
   88.     Regulations
            
   90.      Review of Act

   PART VII -- Savings and transitional provisions relating to the Residential Tenancies Amendment Act 2011

           Division 1 -- Contracting out  

   91.     Savings in relation to contracting out of standard terms

           Division 2 -- Security bonds held in AFI  

   92.     Terms used
            
   93.     All security bonds to be transferred to bond administrator after renewal of agreement or within 18 months
            
   94.     Requirements for AFI holding security bonds
            
   95.     Power of Commissioner to obtain information relating to AFI security bond accounts
            
   96.     Disposal of security bond held in AFIs

           Division 3 -- Residential tenancy databases  

   97.     Application of Part VIA to listings existing before commencement day
           SCHEDULE 1 -- Provisions relating to holding and disposal of bonds and income from bonds
           Compilation table


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