Residential Tenancies Act 1987 Residential Tenancies (Residential Premises) Amendment (HomeFund) Regulation 1999 (1999-153) [GG No 27 of 5.3.1999, p 1641] (NSW)

New South Wales

under the

Residential Tenancies Act 1987

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Residential Tenancies Act 1987.

J. W. SHAW, QC, MLC, Minister for Fair Trading

X te

At present, the Home Purchase Assistance Authority is exempted from complying with sections 35 (Recognition of certain persons as tenants) and 43 (premium rent terms) of the Residential Tenancies Act 1987 in respect of certain residential tenancy agreements relating to the restructuring of a HomeFund scheme under the HomeFund Restructuring Act 1993. The Regulation broadens that exemption so that it applies to all residential tenancy agreements between the Authority and HomeFund borrowers that were made for the purposes of, or as a consequence of, restructuring a HomeFund scheme and to certain other residential tenancy agreements between the Authority and persons who resided with and had a close association with a HomeFund borrower.

This Regulation is made under the Residential Tenancies Act 1987, including section 133 (the general regulation-making power).

Published in Gazette No 27 of 5 March 1999, page 1641 Page 1

Clause 1	Residential Tenancies (Residential Premises) Amendment (HomeFund) Regulation 1999
1 Name of Regulation

This Regulation is the Residential Tenancies (Residential

Premises) Amendment (HomeFund) Regulation 1999.

2 Amendment of esidential Tenancies (Residential Premises)
Regulation	1995

The Residential Tenancies (Residential Premises) Regulation

1995 is amended as set out in Schedule l .

The explanatory note does not form part of this Regulation.

Residential Tenancies (Residential Premises) Amendment (HomeFund) Regulation 1999

Amendments Schedule 1

n ts

(Clause 2)

Omit clause 23A (1). Insert instead:

(1)

The Home Purchase Assistance Authority is exempted from the operation of sections 35 and 43 of the Act in respect of a residential tenancy agreement for premises that had been subject to a HomeFund mortgage if:

(a)	the tenant under the agreement was the mortgagor under the mortgage and the agreement was entered into for the purposes of or as a consequence of the restructuring of a HomeFund scheme (whether or not the restructuring was pursuant to the HomeFund Restructuring Act 1993), or
(b)	the tenant under the agreement is a person who was accepted as a tenant by the Authority because it was satisfied that the person:

(i)        resided on the premises with the person who was the mortgagor under the mortgage, and

(ii)      was related to the mortgagor, or was a spouse, de facto spouse or dependant of the mortgagor, at the time the agreement was entered into.

[2]        Clause 23A (3)

Insert after clause 23A (2):

(3) In this clause, HomeFund mortgage has the same meaning as in the HomeFund Restructuring Act 1993.