Landlord and Tenant (Rental Bonds) Amendment Regulation 2002 (NSW)

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2002 No 840

New South Wales

Landlord and Tenant (Rental Bonds)

Amendment Regulation 2002

under the

Landlord and Tenant (Rental Bonds) Act 1977

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Landlord and Tenant (Rental Bonds) Act 1977.

JOHN AQUILINA, M.P., Minister for Fair Trading

Explanatory note
The object of this Regulation is to enable a lessor to accept an undertaking given by the Director-General of the Department of Housing, the New South Wales Land and Housing Corporation, or a person or body authorised by the Director-General or the Corporation, that indemnifies the lessor up to a specified amount for loss or damage caused by a particular lessee.

This Regulation is made under the Landlord and Tenant (Rental Bonds) Act 1977, including section 26 and section 34 (the general regulation-making power).

Published in Gazette No 220 of 15 November 2002, page 9628	Page 1
2002 No 840
Clause 1	Landlord and Tenant (Rental Bonds) Amendment Regulation 2002

Landlord and Tenant (Rental Bonds) Amendment

Regulation 2002

under the

Landlord and Tenant (Rental Bonds) Act 1977

1 Name of Regulation
This Regulation is the Landlord and Tenant (Rental Bonds)
Amendment Regulation 2002.

2 Amendment of Landlord and Tenant (Rental Bonds) Regulation 1993
The Landlord and Tenant (Rental Bonds) Regulation 1993 is amended as set out in Schedule 1.

Page 2

2002 No 840

Landlord and Tenant (Rental Bonds) Amendment Regulation 2002

Amendment	Schedule 1
Schedule 1 Amendment

(Clause 2)

Clause 6A
Insert after clause 6:

6A Tenancy guarantee scheme

(1) In this clause, tenancy guarantee, in relation to a lease, means
an undertaking:

(a)

giventoalessorbytheDirector-Generalofthe Department of Housing, or by a person or body authorised in writing for the purposes of this clause by the Director-General, and

(b)

that provides that, subject to specified conditions, the lessor will be indemnified up to a specified amount against loss or damage arising from any breach of the terms and conditions of the lease by a specified lessee.

(2) A lessor is exempt from the provisions of section 9 of the Act
in respect of the receipt of a tenancy guarantee.

(3)

In this clause, a reference to the Director-General of the Department of Housing includes a reference to the New South Wales Land and Housing Corporation and to the Department of Housing in a case where the Corporation is acting in the name of the Department.

BY AUTHORITY

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(a)	giventoalessorbytheDirector-Generalofthe Department of Housing, or by a person or body authorised in writing for the purposes of this clause by the Director-General, and
(b)	that provides that, subject to specified conditions, the lessor will be indemnified up to a specified amount against loss or damage arising from any breach of the terms and conditions of the lease by a specified lessee.
(2)	A lessor is exempt from the provisions of section 9 of the Act in respect of the receipt of a tenancy guarantee.
(3)	In this clause, a reference to the *Director-General of the Department of Housing* includes a reference to the New South Wales Land and Housing Corporation and to the Department of Housing in a case where the Corporation is acting in the name of the Department.