Residential Tenancies Amendment Regulation 2018 (No 1) (ACT)

Residential Tenancies Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-5

The Australian Capital Territory Executive makes the following regulation under the Residential Tenancies Act 1997.

Dated 3 May 2018.

Gordon Ramsay

Minister

Yvette Berry

Minister

Residential Tenancies Amendment Regulation 2018 (No 1)

Subordinate Law SL2018-5

made under the

Residential Tenancies Act 1997

1. Name of regulation

   This regulation is the Residential Tenancies Amendment Regulation 2018 (No 1).

2. Commencement

   This regulation commences on the commencement of the Residential Tenancies Amendment Act 2017, schedule 2.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This regulation amends the Residential Tenancies Regulation 1998.

4. New section 1AA

   after section 1, insert

1AANotes

A note included in this regulation is explanatory and is not part of this regulation.

NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

1. New sections 6 and 7

   insert

2. Refusing registration of standard guarantee contract—Act, s 136 (2) (c) (i)

   (1)The commissioner must refuse to register a standard guarantee contract if the contract—

   (a)allows a tenant or lessor to subrogate the party’s rights or remedies to another party; or

   (b)allows the provider to be party to a tenancy dispute; or

   (c)allows the provider to recover an amount from the tenant that could not be deducted from a bond under the Act, section 31; or

   (d)allows the provider to recover an amount from the tenant without—

   (i)the tenant’s consent; or

   (ii)an ACAT order, following an application by the lessor, to the effect that the tenant is liable for the amount; or

   (e)allows a provider to approve or otherwise influence a decision of the lessor in relation to a residential tenancy agreement, including a tenancy dispute; or

   (f)prohibits a tenant from terminating the contract without the consent of the other parties if the relevant residential tenancy agreement ends; or

   (g)otherwise gives the provider or lessor under a commercial guarantee any right or remedy against the tenant that the lessor would not have if the lessor had not accepted a guarantee in addition to or in place of a bond.

   NoteStandard guarantee contract—see the Act, s 102.

   (2)In making a decision under subsection (1), the commissioner may consult with any entity that has expertise in residential tenancy matters.

   Example

   an entity representing residential tenants or lessors

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (3)In this section:

   provider means a party to a commercial guarantee that is not a lessor or tenant.

3. Commercial guarantee excluded matters—Act, s 136 (2) (c) (ii)

   A commercial guarantee must not include a term that has the effect of doing any of the things mentioned in section 6 (1).

   Note 1A commercial guarantee is void to the extent it includes a matter that must be excluded (see Act, s 16 (5)).

   Note 2Commercial guarantee—see the Act, s 102.

Endnotes

1. Notification

   Notified under the Legislation Act on 4 May 2018.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2018