Residential Tenancies Amendment Act 2001 (NSW)

An Act to amend the Residential Tenancies Act 1987 in relation to the giving of notice for rent increases; and for related purposes.

1Name of Act

This Act is the Residential Tenancies Amendment Act 2001.

2Commencement

This Act commences on the date of assent.

3Amendment of Residential Tenancies Act 1987 No 26

The Residential Tenancies Act 1987 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]Section 132 Exemptions

Insert after section 132 (2):

(3)

Notice under section 45 (1) is not required to be given to a tenant of premises of which the New South Wales Land and Housing Corporation is the landlord if the tenant receives a rent rebate from the Corporation in relation to those premises.

[2]Schedule 4, heading

Omit “consequent on enactment of amending legislation”.

[3]Schedule 4, Part 5

Insert after Part 4:

Part 5Provisions relating to certain rent increases7Certain rent increases validly made(1)

Any increase in rent made before 1 January 1999 in respect of property of which the New South Wales Land and Housing Corporation was landlord when the increase was made is not invalid, and is taken never to have been invalid, merely because notice was not given in accordance with section 45 (1) in relation to the increase.

(2)

Nothing in subclause (1) affects the judgment of the Supreme Court in New South Wales Land and Housing Corporation v Stannard & Anor[2000] NSWSC 681 as between the parties to those proceedings.

(3)

For avoidance of doubt, a reference in subclause (1) to the New South Wales Land and Housing Corporation includes, in any case where the Corporation exercised its functions or otherwise acted in the name of the Department of Housing, a reference to that Department.