Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Residential Tenancies and Rooming Accommodation Act 2008

An Act about residential tenancy agreements, rooming accommodation agreements, and related matters

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Residential Tenancies and Rooming Accommodation Act 2008.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, some provisions of this Act do not apply to the State.

Examples of provisions not applying to State—

1section 91 (Rent increases)

2section 92 (Tenant’s application to tribunal about rent increase)

3section 163 (Outgoings other than service charges)

(3)Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence.

4   Rights and remedies of persons

(1)A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act.

(2)Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act.

(3)In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is not inconsistent with this Act.

Part 2    Objects of Act

5   Objects of Act

(1)The main objects of this Act are to state the rights and obligations of—

(a)tenants, lessors and agents for residential tenancies; and

(b)residents, providers and agents for rooming accommodation.

(2)The objects are mainly achieved by—

(a)regulating the making, content, operation and ending of residential tenancy agreements and rooming accommodation agreements; and

(b)providing for the resolution of disputes about residential tenancy agreements and rooming accommodation agreements; and

(c)providing for the authority to receive, hold and pay rental bonds; and

(d)providing for compliance with this Act to be monitored and enforced; and

(e)providing for the establishment, functions and powers of the authority.

Part 3    Interpretation

Division 1 Location of definitions

6   Definitions and dictionary

(1)The dictionary in schedule 2 defines particular words used in this Act.

(2)The key terms and definitions found elsewhere in the Act are signposted in the dictionary.

Division 2 Meaning of key terms for residential tenancies

7   Caravan

(1)A caravan is a trailer—

(a)designed principally for residential purposes; and

(b)designed to be attached to and towed by a self-propelled vehicle; and

(c)that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

(2)Also, a caravan is something—

(a)not fitted with wheels; and

(b)not designed for permanent attachment to land but designed for attachment to a motor vehicle and for use for residential purposes.

(3)In addition, a caravan is a self-propelled vehicle—

(a)that—

(i)is designed to be used both as a vehicle and for residential purposes; or

(ii)was designed to be used solely as a vehicle but has been modified to be suitable for use both as a vehicle and for residential purposes; and

(b)that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads.

8   Lessor

(1)A lessor is the person who gives the right to occupy residential premises under a residential tenancy agreement.

Note—

Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessor includes a reference to the person’s personal representatives, successors and assigns.

(2)A lessor also includes—

(a)the person who is to give the right to occupy residential premises under a proposed residential tenancy agreement; and

(b)a tenant who has given, or is to give, the right to occupy residential premises to a subtenant.

9   Premises

(1)Premises, for a residential tenancy, include a part of premises and land occupied with premises.

(2)Premises, for a residential tenancy, also include—

(a)a caravan or its site, or both the caravan and site; and

(b)a manufactured home in, or intended to be situated in, a moveable dwelling park or its site, or both the manufactured home and site; and

(c)a houseboat.

10   Residential premises

Residential premises are premises used, or intended to be used, as a place of residence or mainly as a place of residence.

11   Residential tenancy

A residential tenancy is the right to occupy residential premises under a residential tenancy agreement.

12   Residential tenancy agreement

(1)A residential tenancy agreement is an agreement under which a person gives to someone else a right to occupy residential premises as a residence.

(2)Subsection (1) applies whether or not the right is a right of exclusive occupation.

(3)Subsection (1) also applies whether the agreement is—

(a)wholly in writing, wholly oral or wholly implied; or

(b)partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.

(4)An agreement is not a residential tenancy agreement if it is a rooming accommodation agreement.

(5)However, an agreement is a residential tenancy agreement if it is taken to be a residential tenancy agreement under section 18.

13   Tenant

(1)A tenant is the person to whom the right to occupy residential premises under a residential tenancy agreement is given.

Note—

Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessee includes a reference to the person’s personal representatives, successors and assigns. Under schedule 1 of that Act, a lessee includes a tenant.

(2)A tenant also includes—

(a)the person to whom the right to occupy residential premises is to be given under a proposed residential tenancy agreement; and

(b)the subtenant of a tenant.

Division 3 Meaning of key terms for rooming accommodation

14   Resident

Resident means a person—

(a)who, in rental premises, occupies 1 or more rooms as the person’s only or main residence; and

(b)who is not—

(i)the provider; or

(ii)a relative of the provider.

15   Rooming accommodation

(1)Rooming accommodation is accommodation occupied or available for occupation by residents, in return for the payment of rent, if each of the residents—

(a)has a right to occupy 1 or more rooms; and

(b)does not have a right to occupy the whole of the premises in which the rooms are situated; and

(c)does not occupy a self-contained unit; and

(d)shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents.

Example for paragraph (d)—

a boarding house in which each of the residents occupies a room and shares a bathroom, kitchen, dining room and common room with the other residents

(2)For subsection (1), it is immaterial whether or not—

(a)the rooms are in the same premises; or

(b)the resident is provided with a food service, personal care service or other service.

16   Rooming accommodation agreement

(1)A rooming accommodation agreement is an agreement under which a provider provides rooming accommodation to a resident in rental premises.

(2)Subsection (1) applies whether the agreement is—

(a)entirely in writing, entirely oral or entirely implied; or

(b)partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms.

(3)However, an agreement is not a rooming accommodation agreement if it is taken to be a residential tenancy agreement under section 18.

17   Provider

A provider is a person who provides rooming accommodation to residents.

Division 4 Prescribed minimum housing standards

17A   Prescribed minimum housing standards

(1)A prescribed minimum housing standard means a standard prescribed by a regulation.

(2)A regulation may prescribe minimum housing standards for—

(a)a residential premises let, or to be let, under a residential tenancy agreement; or

(b)premises in which rooming accommodation is, or is to be, provided; or

(c)inclusions for premises mentioned in paragraph (a) or (b); or

(d)facilities in a moveable dwelling park.

(3)A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2), including, for example, the following—

(a)sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities;

(b)ventilation and insulation;

(c)protection from damp and its effects;

(d)construction, condition, structures, safety and situation of the premises, inclusions or facilities;

(e)the dimensions of rooms in the premises;

(f)privacy and security;

(g)provision of water supply, storage and sanitary facilities;

(h)laundry and cooking facilities;

(i)lighting;

(j)freedom from vermin infestation;

(k)energy efficiency.

(4)If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation—

(a)if not inconsistent with the Act, must be observed in addition to that Act; and

(b)if inconsistent with the Act, is, to the extent of the inconsistency, of no force or effect and that Act prevails.

Example of inconsistency between a prescribed minimum housing standard and an Act—

A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188(2).

(5)A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced.

Part 4    Application and operation of Act

Division 1 Matters relating to residential tenancies and rooming accommodation

18   Opting in as residential tenancy agreement

(1)This section applies to rooming accommodation to which this Act applies.

(2)If the parties to an agreement for the accommodation sign the agreement stating that it is a residential tenancy agreement, the agreement is taken to be a residential tenancy agreement.

(3)This Act applies to the agreement despite section 32(1).

(4)A person does not contract out of the provisions of this Act merely because the person signs an agreement under subsection (2).

19   References to agreements

In this Act, unless a contrary intention appears, a reference to an agreement is—

(a)for a residential tenancy, a reference to a residential tenancy agreement to which this Act applies; or

(b)for rooming accommodation, a reference to a rooming accommodation agreement to which this Act applies.

20   Reference to lessors and tenants

In this Act, unless a contrary intention appears, a reference to a lessor or tenant is a reference to a lessor or tenant under a residential tenancy agreement to which this Act applies.

21   Reference to providers and residents

In this Act, unless a contrary intention appears, a reference to a provider or resident is a reference to a provider or resident under a rooming accommodation agreement to which this Act applies.

22   References to premises

In this Act, unless a contrary intention appears, a reference to premises is a reference to a residential premises under a residential tenancy agreement to which this Act applies.

23   References to tenancies

In this Act, unless a contrary intention appears, a reference to a tenancy or residential tenancy is a reference to a residential tenancy under a residential tenancy agreement to which this Act applies.

24   Provision stating that lessor or lessor’s agent or provider or provider’s agent must do something

(1)This section applies to a provision of this Act stating that the lessor or lessor’s agent must do something (the required act).

(2)The reference in the provision to the lessor’s agent is a reference to a person who is the agent of the lessor to do the required act.

(3)If the required act is done, whether by the agent or personally by the lessor, both the lessor and the agent are taken to have complied with the provision.

(4)If the required act is omitted to be done, both the lessor and the agent are taken to have contravened the provision and, if the contravention is an offence—

(a)each of them may be dealt with for the offence; and

(b)section 512(3) applies to a proceeding for the offence.

(5)In this section—

(a)a reference to the lessor is taken to include a reference to the provider; and

(b)a reference to the lessor’s agent is taken to be a reference to the provider’s agent.

25   Lessor’s or provider’s agent

A reference in a provision of this Act to something being done by a lessor or provider, without mentioning an agent of the lessor or provider, does not, by implication, limit the extent to which the thing may be done by an agent of the lessor or provider.

26   State as lessor

(1)This Act does not apply to a lease, even if the lease is for, or for purposes that include, residential purposes, if—

(a)the lease is granted under the authority of an authorising law; and

(b)the State is the lessor.

(2)Also, this Act does not apply to a lease if the lease is for, or for purposes that include, residential purposes if—

(a)the lease is entered into by the parties to a contract of sale under a term of the contract; and

(b)the lease relates to land for a project the subject of a direction under the State Development and Public Works Organisation Act 1971, section 100; and

(c)the lessor is the entity the subject of the direction, or the entity’s successor in title; and

(d)the lessee is a seller under the contract of sale.

(3)However, if the lessee sublets the land or a part of the land, under the authorising law, this Act applies to the sublease to the extent to which this Act is not inconsistent with the authorising law.

(4)To remove any doubt, it is declared that this Act does not apply to a long-term lease entered into or granted by the South Bank Corporation in relation to premises within the South Bank corporation area even if the lease is for, or for purposes that include, residential purposes.

(5)However, if the lessee of a lease mentioned in subsection (4) sublets the land or a part of the land for, or for purposes that include, residential purposes, this Act applies to the sublease.

(6)In this section—

authorising law means an Act other than this Act, the repealed State Housing Act 1945 or the Housing Act 2003.

long-term lease means—

(a)a lease for a term, including renewal options, of at least 100 years; or

(b)a perpetual lease as defined under the South Bank Corporation Act 1989.

South Bank corporation area means the corporation area as defined under the South Bank Corporation Act 1989.

27   Application of Property Law Act 2023 to agreements

(1)The Property Law Act 2023 does not apply to residential tenancy agreements.

(2)Nothing in subsection (1) affects the application of the Property Law Act 2023 to an agreement about a tenancy if the agreement is not a residential tenancy agreement.

28   Minor has capacity to enter into agreements

(1)A minor has the capacity to enter into a residential tenancy agreement or rooming accommodation agreement.

(2)An agreement entered into by a minor is enforceable in the same way as if the agreement had been entered into by an adult.

Division 2 Residential tenancy agreements to which this Act applies and does not apply

29   Act applies to certain residential tenancy agreements etc.

(1)This Act applies to residential tenancy agreements and to—

(a)lessors, tenants and their respective rights and obligations under residential tenancy agreements; and

(b)premises under residential tenancy agreements; and

(c)a tenancy under a residential tenancy agreement.

(2)However, this Act does not apply to all residential tenancy agreements.

Examples of residential tenancy agreements to which this Act does not apply—

1Under section 26, this Act does not apply to a lease given by the State under certain other Acts.

2Under section 31, this Act does not apply to an agreement giving a right of occupancy for holiday purposes.

3Under sections 32 and 44A, this Act generally does not apply to an agreement if the tenant or resident is a boarder or lodger.

4Under sections 33 and 34, this Act generally does not apply to an agreement for premises that are part of an educational institution, hospital, nursing home or retirement village.

5Under section 36, this Act does not apply to certain agreements under which the tenant is being supplied with temporary refuge accommodation.

6Under section 37, this Act does not apply to agreements under the Manufactured Homes (Residential Parks) Act 2003.

7Under sections 521, 522, 523 and 524, this Act does not apply to certain long-term leases.

30   Contracts of sale and mortgages

This Act does not apply to an agreement for a tenancy if the tenancy is created or arises—

(a)between the parties to a contract of sale of residential premises under a term of the contract and the tenancy is for a period of 28 days or less; or

(b)between the parties to a mortgage of residential premises under a term of the mortgage.

31   Premises used for holidays

(1)This Act does not apply to a residential tenancy agreement if the right of occupancy of the premises is given for holiday purposes.

(2)For subsection (1), a right to occupy premises given for 6 weeks or longer is taken not to be given for holiday purposes unless the contrary is proved.

32   Boarders and lodgers

(1)This Act does not apply to a residential tenancy agreement if the tenant is a boarder or lodger.

(2)However, if a rental bond is paid for a residential tenancy agreement under which the tenant is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement.

Note—

See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.

33   Educational institutions

(1)This Act does not apply to a residential tenancy agreement for premises used for—

(a)accommodation for school students—

(i)provided as part of, or under an agreement with, a school; or

(ii)arranged by a school for students of another school; or

(iii)provided with financial assistance from the education department; or

(b)accommodation for students within the external boundary of a registered higher education provider’s campus provided—

(i)by the registered higher education provider; or

(ii)by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit.

(2)Subsection (1)(b)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a registered higher education provider’s campus.

(3)Despite subsection (1), if a rental bond is paid for a residential tenancy within the external boundary of a registered higher education provider’s campus, the provisions of this Act about rental bonds apply to the agreement.

34   Hospitals, nursing homes and retirement villages

(1)This Act does not apply to a residential tenancy agreement for premises that are part of a hospital, nursing home or retirement village.

(2)However, this Act applies to a residential tenancy agreement for premises mentioned in subsection (1) if—

(a)the premises are used as a person’s place of residence under the person’s employment at the hospital, nursing home or retirement village; or

(b)the premises are used as a person’s place of residence at the retirement village and the person resides in the premises other than under—

(i)a residence contract under the Retirement Villages Act 1999; or

(ii)section 70B of the Retirement Villages Act 1999.

35   Rental purchase plan agreements

This Act does not apply to residential tenancy agreements that are rental purchase plan agreements.

36   Temporary refuge accommodation

This Act does not apply to a residential tenancy agreement if the tenant is being supplied with temporary refuge accommodation at the premises and the accommodation is not approved supported accommodation.

37   Agreements under Manufactured Homes (Residential Parks) Act 2003

(1)This Act does not apply to a residential tenancy agreement if the agreement is a site agreement.

(2)However, subsection (1) does not prevent this Act from applying to a subsequent agreement.

(3)In this section—

subsequent agreement means an agreement under which a home owner becomes a lessor under this Act.

38   Headleases for employee housing

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a corporation as tenant for the purpose of subletting the premises to an employee of the tenant.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to an employee of the tenant.

(3)This section applies only to a headlease entered into after the commencement of this section.

39   Headleases for affordable housing agreements

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a non-profit corporation as tenant for the purpose of subletting the premises to a person under an affordable housing scheme.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person whose right of occupancy arises under an affordable housing scheme.

40   Hotels and motels

This Act applies to a residential tenancy agreement even if the premises are part of a hotel or motel.

41   Headleases for approved supported accommodation

(1)This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by an entity as tenant for the purpose of using the premises to provide approved supported accommodation.

(2)Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person to provide the person with approved supported accommodation.

(3)Despite subsection (2), this Act does not apply to an agreement under which the tenant’s right of occupancy arises out of approved supported accommodation if the tenant has occupied the premises under the agreement for a continuous period of not more than 13 weeks.

(4)If the tenant under an agreement about approved supported accommodation has occupied the premises under the agreement for a continuous period of more than 13 weeks, the Act applies to the agreement as if the tenant’s occupancy started on the day after the 13 week period ended.

42   [Repealed]

Division 3 Rooming accommodation agreements to which this Act applies and does not apply

43   Act applies to certain rooming accommodation agreements etc.

(1)This Act applies to rooming accommodation agreements and to—

(a)providers, residents and their respective rights and obligations under rooming accommodation agreements; and

(b)rental premises under rooming accommodation agreements.

(2)However, this Act does not apply to all rooming accommodation agreements.

44   Rooming accommodation agreements to which Act does not apply

(1)The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation—

(a)accommodation provided by a person in premises if—

(i)the premises are the person’s only or main place of residence; and

(ii)not more than 3 rooms in the premises are occupied, or available for occupation, by residents;

(b)aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth);

(ba)accommodation provided at the forensic disability service under the Forensic Disability Act 2011;

(c)accommodation provided at an authorised mental health service under the Mental Health Act 2016;

(d)accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999;

(e)accommodation for school students—

(i)provided as part of, or under an agreement with, a school; or

(ii)arranged by a school for students of another school; or

(iii)provided with financial assistance from the education department;

(f)accommodation for students within the external boundaries of a registered higher education provider’s campus provided—

(i)by the registered higher education provider; or

(ii)by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;

(g)accommodation provided to holiday makers or travellers;

Examples—

motel, bed and breakfast facility, backpackers’ hostel

(h)accommodation provided under the program known as the Supported Accommodation Assistance Program;

(i)accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;

(j)accommodation for a person at a retirement village if the person resides in the accommodation under—

(i)a residence contract under the Retirement Villages Act 1999; or

(ii)section 70B of the Retirement Villages Act 1999;

(k)other accommodation prescribed under a regulation not to be rooming accommodation.

(2)Subsection (1)(f)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus.

(3)Despite subsection (1), if a rental bond is paid for rooming accommodation mentioned in subsection (1)(a) or (f), the provisions of this Act about rental bonds apply to the agreement.

(4)For subsection (1)(g), a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved.

44A   Boarders and lodgers

(1)This Act does not apply to a rooming accommodation agreement if the resident is a boarder or lodger.

(2)However, if a rental bond is paid for a rooming accommodation agreement under which the resident is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement.

Note—

See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger.

Division 4 Moveable dwelling premises

45   Application of div 4

This division applies only to agreements for moveable dwelling premises.

46   Purpose of division

(1)This division provides for the classifying of tenancies of moveable dwelling premises as either short or long tenancies.

(2)For some matters, the way this Act applies to a residential tenancy of moveable dwelling premises depends on whether the tenancy is a short or long tenancy.

Examples—

1Section 61 (which requires written agreements) applies to a long tenancy (moveable dwelling), but does not apply to a short tenancy (moveable dwelling).

2Section 68 requires a copy of park rules to be given to the tenant at different times depending on whether the tenancy is a long tenancy (moveable dwelling) or short tenancy (moveable dwelling).

47   Short tenancy statements

(1)If the lessor and tenant intend that the tenant’s occupation of the premises is not to continue for more than 42 days (the base period), they may make a written statement to that effect (the short tenancy statement).

(2)The short tenancy statement must be made before, or when, the tenancy starts.

48   Extending short tenancy statements

(1)If the parties make a short tenancy statement, they may make another written statement (the short tenancy (extension) statement) agreeing that this Act should continue to apply to the tenancy for another period stated in the statement (the extended period) in the same way it applies during the base period.

(2)A short tenancy (extension) statement may only be made in the base period.

(3)Only 1 short tenancy (extension) statement may be made about the tenancy.

(4)The extended period may not be more than 42 days.

49   Setting aside short tenancy (extension) statements

(1)If the parties made a short tenancy (extension) statement, the tenant may apply to a tribunal for an order setting aside the statement because the lessor exerted undue influence on the tenant to make the statement.

(2)The tribunal may make the order if it is satisfied the tenant has established the ground of the application.

50   Short tenancies

For any period for which a short tenancy statement or short tenancy (extension) statement applies to the tenancy, the tenancy is a short tenancy (moveable dwelling).

51   Long tenancies

If the tenancy is not a short tenancy (moveable dwelling), it is a long tenancy (moveable dwelling).

Chapter 2    Residential tenancy agreements and rooming accommodation agreements

Part 1    Agreements

Division 1 Residential tenancy agreements

Subdivision 1 General provisions

52   Terms of agreements include duties under Act etc.

(1)If, under this Act, a duty is imposed on, or an entitlement is given to, a lessor or tenant, the duty or entitlement is taken to be included as a term of the residential tenancy agreement.

(2)For premises, other than moveable dwelling premises, the by-laws under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980 for the time being in force, that apply to the occupation of the premises by the tenant, are also taken to be included as terms of the agreement.

(3)If the premises are moveable dwelling premises in a moveable dwelling park, any park rules for the time being in force are also taken to be included as terms of the agreement.

(4)If there is a conciliation agreement in force about the residential tenancy agreement, the terms of the conciliation agreement are also taken to be included as terms of the residential tenancy agreement.

(5)This section applies even if the duty, entitlement or rule is not included as a term of a written agreement.

53   Contracting out prohibited

(1)An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a residential tenancy agreement.

(2)A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Maximum penalty—50 penalty units.

(3)In this section—

agreement includes an agreement that is not a residential tenancy agreement.

54   Inconsistency

(1)If a provision of this Act is inconsistent with a term of a residential tenancy agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a residential tenancy agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

55   Standard terms

(1)A regulation may prescribe terms for inclusion in a residential tenancy agreement.

(2)The terms prescribed for this section are the standard terms of a residential tenancy agreement.

56   Special terms

The special terms, of a residential tenancy agreement, are the terms of the agreement that are not—

(a)standard terms; or

(b)terms included in the agreement under section 52(1).

57   Offer of residential tenancy must be for rent at a fixed amount

(1)A person must not advertise or otherwise offer a residential tenancy for premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the premises.

Maximum penalty—50 penalty units.

(2)A person must not accept a rental bond from the tenant of premises if the residential tenancy for the premises was advertised or offered without stating a fixed amount of rent for the premises.

Maximum penalty—50 penalty units.

(3)A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for a residential tenancy for premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the premises.

Maximum penalty—50 penalty units.

(4)A person does not contravene this section merely by placing a sign on or near premises advertising or offering a residential tenancy for the premises without stating the amount of rent for the premises on the sign.

57A    Offer of residential tenancy must disclose particular information

(1)A lessor or lessor’s agent must not advertise or otherwise offer a residential tenancy for premises unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer.

Maximum penalty—20 penalty units.

(2)A lessor or lessor’s agent must not accept a rental bond from a tenant of premises if the residential tenancy for the premises was advertised or otherwise offered in contravention of subsection (1).

Maximum penalty—20 penalty units.

(3)This section does not apply to a person merely placing a sign on or near premises advertising that the premises are available for residential tenancy.

57B   Application for residential tenancy

(1)This section applies if a lessor or lessor’s agent requires a prospective tenant to apply for a residential tenancy.

(2)However, this section does not apply to a relevant lessor or an agent of a relevant lessor.

(3)The lessor or lessor’s agent must require the prospective tenant to apply for the residential tenancy using the required application form.

Maximum penalty—20 penalty units.

(4)For subsection (3), the required application form is an approved form that requires only the following information—

(a)the name and contact details of the prospective tenant;

(b)details of any previous residential tenancy agreements or rooming accommodation agreements the prospective tenant has been a party to;

(c)the prospective tenant’s current employment;

(d)details about the prospective tenant’s income;

(e)referees for the prospective tenant;

(f)the intended term of the tenancy;

(g)any other information prescribed by regulation.

(5)The lessor or lessor’s agent must nominate at least 2 ways for the prospective tenant to submit the application.

Maximum penalty—20 penalty units.

(6)For subsection (5), at least 1 of the nominated ways must be a way that is not a restricted way.

(7)In this section—

relevant lessor means—

(a)a lessor who receives funding for the premises under the Housing Act 2003, including, for example, funding for the provision of social housing services; or

(b)a lessor who receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007; or

(c)a lessor who is the chief executive of the housing department, acting on behalf of the State; or

(d)a lessor who is the State, if the tenant is an officer or employee of the State; or

(e)a lessor who is the replacement lessor under a community housing provider tenancy agreement; or

(f)a lessor prescribed by regulation to be a relevant lessor.

restricted way, for submitting an application, means—

(a)a way that involves a prospective tenant using an online platform to give personal information to a person, other than the lessor, who—

(i)collects the information on behalf of the lessor; and

(ii)is not a real estate agent; or

(b)a way prescribed by regulation to be a restricted way.

57C   Request for information for application

(1)A lessor or lessor’s agent may request information about a prospective tenant only if—

(a)the information is of a type mentioned in section 57B(4); or

(b)the information comprises no more than 2 documents in each of the following categories—

(i)documents verifying the identity of the prospective tenant;

(ii)documents about the prospective tenant’s financial ability to pay rent;

(iii)documents about the suitability of the prospective tenant for the residential tenancy.

Maximum penalty—20 penalty units.

(2)However, a lessor or lessor’s agent must not request information about a prospective tenant in relation to the following—

(a)legal action taken by the prospective tenant, including dispute resolution or matters considered by the tribunal;

(b)a notice to remedy breach given to the prospective tenant by a lessor or provider;

(c)a notice to remedy breach given by the prospective tenant to a lessor or provider;

(d)the prospective tenant’s history in relation to rental bonds, including any claim on a rental bond;

(e)statements of credit accounts or bank accounts belonging to the prospective tenant detailing transactions.

Maximum penalty—20 penalty units.

57D   Verification of identity for application

(1)A prospective tenant may give identity documents to a lessor or lessor’s agent to verify the prospective tenant’s identity by—

(a)giving a copy of the original identity document; or

(b)allowing the lessor or lessor’s agent to access or sight the original identity document.

(2)If a document is accessed or sighted by the lessor or lessor’s agent under subsection (1)(b), the lessor or lessor’s agent must not keep a copy of the original identity document without the prospective tenant’s consent.

Maximum penalty—20 penalty units.

57AA    Offer of residential tenancy—limitation on rent in advance

(1)This section applies if a residential tenancy for premises is advertised or otherwise offered by a lessor or lessor’s agent.

(2)A person must not solicit or otherwise invite an offer, or accept an offer, of an amount of rent in advance for the premises that is more than the amount required under section 87(1).

Maximum penalty—50 penalty units.

58   Lessor must give particular information to prospective tenant

(1)The lessor or lessor’s agent must give a prospective tenant for a residential tenancy the document prepared for section 61, and any other information prescribed by regulation, before doing any of the following—

(a)accepting a document from the prospective tenant that commits the tenant—

(i)to enter into the tenancy; or

(ii)to pay an amount in relation to the tenancy;

(b)accepting an amount in relation to the tenancy;

(c)entering into a residential tenancy agreement for the tenancy.

Maximum penalty—20 penalty units.

(2)For subsection (1)(b), a person is not taken to accept an amount in relation to a tenancy if the only amount the person accepts is a key deposit.

(3)This section does not apply to an agreement for a short tenancy (moveable dwelling).

59   Restriction on amounts that may be taken from prospective tenant

The lessor or lessor’s agent must not take an amount from a prospective tenant for a residential tenancy other than the following—

(a)a key deposit;

(b)a holding deposit;

(c)a rental bond;

(d)rent.

Maximum penalty—20 penalty units.

60   Orders of tribunal relating to noncompliance with s 58 or 59

(1)Subsection (2) applies if a tenant or prospective tenant believes that the lessor or lessor’s agent has contravened or failed to comply with section 58 or 59.

(2)The tenant or prospective tenant may apply to the tribunal for an order about the contravention or failure to comply.

(3)The tribunal may make 1 or more of the following orders—

(a)that the lessor or lessor’s agent pay an amount to the tenant or prospective tenant;

(b)that a residential tenancy agreement entered into is of no effect;

(c)an order varying the terms of the residential tenancy agreement;

(d)any other order the tribunal considers appropriate.

61   Written agreements required

(1)The lessor or lessor’s agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section.

Maximum penalty—20 penalty units.

(2)The written agreement must—

(a)include the standard terms for the agreement; and

(b)include any special terms of the agreement; and

(c)include the day the rent for the premises was last increased, within the meaning of section 93, at the time the agreement is entered into.

(2A)However, subsection (2)(c) does not apply if the lessor is an exempt lessor.

(3)If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the premises) the agreement is taken to include the standard term only if the information is properly included.

(4)The agreement must be written in a clear and precise way.

(5)The costs of preparing the agreement are payable by the lessor.

(6)Nothing in this section—

(a)requires the tenant to prepare the written agreement; or

(b)affects the enforceability of an agreement that is not in writing.

(7)This section does not apply to—

(a)an agreement for a short tenancy (moveable dwelling); or

(b)a periodic agreement mentioned in section 70(2).

62   Giving, signing and keeping written agreement

(1)The lessor or lessor’s agent must give the document prepared for section 61 to the tenant for signing on or before the day the tenant occupies the premises under a residential tenancy agreement.

Maximum penalty—20 penalty units.

(2)Within 5 days after receiving the document, the tenant must sign the document and return it to the lessor or lessor’s agent.

(3)Within 14 days after receiving the document signed by the tenant, the lessor or lessor’s agent must sign the document and return a copy signed by both parties to the tenant.

Maximum penalty—10 penalty units.

(4)This section does not apply to an agreement for a short tenancy (moveable dwelling).

63   Period lessor or lessor’s agent must keep agreement

(1)The lessor or lessor’s agent must keep a copy of the agreement prepared for section 61 for a period of 1 year after the term of agreement ends.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement.

64   Orders of tribunal about giving and signing written agreement

(1)If the tenant reasonably believes the lessor has contravened section 62(1), the tenant may apply to a tribunal for an order that the lessor give the relevant document to the tenant for signing by a stated day.

(2)If the tenant reasonably believes the lessor has contravened section 62(3), the tenant may apply to a tribunal for an order that the lessor sign the relevant document and return a copy of it to the tenant by a stated day.

(3)If the lessor reasonably believes the tenant has contravened section 62(2), the lessor may apply to a tribunal for an order that the tenant sign the relevant document and return it to the lessor by a stated day.

(4)If, on an application made to a tribunal by the tenant, the lessor fails to satisfy the tribunal that the lessor acted reasonably in failing to comply with section 62(1) or (3), the tribunal may make the order sought.

(5)If, on an application made to a tribunal by the lessor, the tenant fails to satisfy the tribunal that the tenant acted reasonably in failing to comply with section 62(2), the tribunal may order the tenant to sign and return the relevant document to the lessor by a stated day.

Subdivision 2 Associated documents

65   Condition report at start of tenancy

(1)This section applies to a lessor or lessor’s agent if the terms of the residential tenancy agreement are required to be in writing.

(2)The lessor or agent must on or before the day the tenant occupies the premises under the residential tenancy agreement—

(a)prepare, in the approved form, a condition report for the premises and any inclusions; and

(b)sign the condition report; and

(c)give a copy of the condition report to the tenant.

Maximum penalty—20 penalty units.

(3)The tenant must, within 7 days after the tenant occupies the premises under the residential tenancy agreement—

(a)sign the copy of the condition report given to the tenant; and

(b)if the tenant does not agree with the condition report—show the parts of the condition report the tenant disagrees with by marking the copy of the condition report in an appropriate way; and

(c)return the copy of the condition report to the lessor or agent.

Maximum penalty—20 penalty units.

(4)However, if the lessor or agent has not given a copy of the condition report to the tenant before the tenant occupies the premises, subsection (3) applies to the tenant as if a reference to occupying the premises were a reference to receiving the copy.

(5)If the tenant returns the copy of the condition report to the lessor or agent under subsection (3), the lessor or agent must make a copy of the condition report and return it to the tenant within 14 days.

Maximum penalty—20 penalty units.

(6)The lessor or agent must keep, at least until 1 year after the last residential tenancy agreement, to which a condition report relates, ends—

(a)the signed copy of the condition report returned to the lessor or agent by the tenant; or

(b)if the tenant does not return a signed copy—another copy of the condition report.

Maximum penalty—20 penalty units.

(7)If the lessor or agent complies with subsection (2) for a residential tenancy agreement (the original agreement), subsections (2) to (5) do not apply in relation to a later residential tenancy agreement (a renewal agreement) that continues the tenant’s right to occupy the same premises.

(8)Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the tenancy.

66   Condition report at end of tenancy

(1)This section—

(a)applies if a tenant’s right to occupy premises ends when a residential tenancy agreement ends; and

(b)does not apply if the tenant’s right to occupy the premises continues under another residential tenancy agreement.

(2)The tenant must, on or before the day the residential tenancy agreement ends—

(a)prepare, in the approved form, a condition report for the premises and any inclusions; and

(b)sign the condition report; and

(c)as soon as practicable after the agreement ends, give a copy of the condition report to the lessor or agent.

(3)The lessor or agent must, within 3 business days after receiving the copy of the condition report—

(a)sign the copy of the condition report; and

(b)if the lessor or agent does not agree with the condition report—show the parts of the condition report the lessor or agent disagrees with by marking the copy of the condition report in an appropriate way; and

(c)if the tenant has given a forwarding address to the lessor or agent—make a copy of the condition report and return it to the tenant at the address.

(4)The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after the agreement ends.

67   Information statement

(1)The lessor or lessor’s agent must give to the tenant, as required by this section, a statement in the approved form containing information for the benefit of the tenant.

Maximum penalty—10 penalty units.

(2)Without limiting subsection (1), the information may be about—

(a)the duties and entitlements of the lessor and tenant; and

(b)the procedures for resolving disputes under the residential tenancy agreement (including conciliation processes); and

(c)entities to which issues about the residential tenancy agreement may be referred.

(3)For a residential tenancy agreement that is not an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant on the earlier of the following—

(a)when the written agreement is given to the tenant for signing;

(b)the day the tenant becomes entitled to occupy the premises under the agreement.

(4)For a residential tenancy agreement that is an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant when the tenancy commences.

(5)If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsections (1) to (4) do not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

68   Park rules

(1)This section applies only to moveable dwelling premises in a moveable dwelling park.

(2)The lessor or lessor’s agent must give to the tenant, as required by this section—

(a)a copy of the park rules; and

(b)if a park rule is changed—a copy of the rule as changed.

Maximum penalty—20 penalty units.

(3)The copy of the park rules must be given to the tenant—

(a)if the tenancy is a long tenancy (moveable dwelling)—when the agreement is given to the tenant for signing; or

(b)if the tenancy is a short tenancy (moveable dwelling)—at the start of the agreement.

(4)The copy of a park rule as changed must be given to the tenant as soon as practicable after the change takes effect.

(5)If a lessor or agent complies with subsection (2) for a tenant under a residential tenancy agreement, subsections (2)(a) and (3) do not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

69   Body corporate by-laws

(1)If body corporate by-laws are to apply to the occupation of premises by a tenant, the lessor or lessor’s agent must give the tenant a copy of the relevant by-laws, when giving the written agreement to the tenant for signing.

Maximum penalty—20 penalty units.

(2)If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsection (1) does not apply in relation to a later residential tenancy agreement that continues the tenant’s right to occupy the same premises.

Subdivision 3 Fixed term agreements

70   Continuation of fixed term agreements

(1)This section applies to a residential tenancy agreement if—

(a)it creates a residential tenancy for a fixed term; and

(b)none of the following notices is given, or agreements or applications made before the day the term ends (the end day)—

(i)a notice to leave;

(ii)a notice of intention to leave;

(iii)an abandonment termination notice;

(iv)a notice, agreement or application relating to the death of a sole tenant under section 324A;

(v)a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277(a).

(2)After the end day, the agreement continues to apply—

(a)on the same terms on which it applied immediately before the end day (other than any term about the agreement’s term); and

(b)on the basis the tenant is holding over under a periodic agreement.

(3)This section does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term.

(4)This section does not apply to a residential tenancy agreement if the tenancy is a short tenancy (moveable dwelling).

Note—

An agreement ends in the circumstances stated in section 277.

71   Tenant may apply to tribunal about significant change in subsequent agreement

(1)This section applies if—

(a)an agreement (the existing agreement) between a lessor and tenant creates a residential tenancy for premises; and

(b)the lessor of the premises enters into a new agreement with the tenant (the new agreement) for the premises that starts after the end of the existing agreement; and

(c)the new agreement contains 1 or more significant changes to the terms of the existing agreement; and

(d)at least 1 of the tenants mentioned in the existing agreement is a tenant for the new agreement.

(2)Also, this section applies whether or not the lessor for the existing agreement and the lessor for the new agreement are the same person.

(3)If the tenant considers the significant change is unreasonable, the tenant may apply to a tribunal for an order under this section.

(4)The application must be made within 30 days after the tenant enters into the new agreement.

(5)If the significant change relates to an increase in rent, the tribunal may reduce the rent payable under the agreement.

(6)In deciding an application that relates to an increase in rent, the tribunal must have regard to the following—

(a)the range of market rents usually charged for comparable premises;

(b)the proposed increased rent compared to the current rent;

(c)the state of repair of the premises;

(d)the term of the tenancy;

(e)the period since the last rent increase (if any);

(f)anything else the tribunal considers relevant.

(7)If the significant change relates to a change other than an increase in rent, the tribunal may make any order the tribunal considers appropriate in the circumstances.

(8)In deciding an application that relates to a significant change, other than an increase in rent, the tribunal must have regard to the following—

(a)how long the tenant has occupied the relevant premises;

(b)the impact of the significant change on the tenant;

(c)the impact on the lessor of not allowing the significant change;

(d)anything else the tribunal considers relevant.

(9)In addition to any order the tribunal may make under this section, the tribunal may order that the new agreement is taken to be altered as ordered by the tribunal.

(10)Subject to any order of the tribunal to the contrary, the terms of the new agreement apply from the day it is entered into.

(11)This section does not apply to an increase in rent if—

(a)the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State.

(12)In this section—

significant change, to the terms of an existing agreement, means a change to any of the following —

(a)the special terms for the tenancy agreement for the tenancy;

(b)the rent amount, and whether it must be paid weekly, fortnightly or monthly;

(c)the way the rent must be paid;

(d)any services supplied to the premises, other than water, for which the tenant must pay;

(e)whether the tenant must pay for water supplied to the premises;

(f)the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants;

(g)whether pets are allowed;

(h)another matter prescribed under a regulation.

Division 2 Rooming accommodation agreements

Subdivision 1 General provisions

72   Terms of agreement include obligations under Act etc.

The following are taken to be included as terms of a rooming accommodation agreement between a provider and a resident—

(a)the obligations imposed on the provider and resident under chapter 4, part 1;

(b)the house rules for the rental premises;

(c)the terms of any conciliation agreement in force about the rooming accommodation agreement;

(d)other duties imposed on, or entitlements given to, the provider or resident under this Act.

73   Standard terms

(1)A regulation may prescribe terms for inclusion in a rooming accommodation agreement.

(2)The terms prescribed for this section are the standard terms of a rooming accommodation agreement.

Note—

Under section 77(2)(a), every rooming accommodation agreement must include the standard terms.

74   Special terms

(1)The special terms of a rooming accommodation agreement are the terms of the agreement that are not—

(a)standard terms; or

(b)terms included in the agreement under section 72.

(2)The special terms may include, for example, terms about the provision of a food service or a personal care service to the resident.

75   Contracting out prohibited

(1)An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a rooming accommodation agreement.

(2)A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act.

Maximum penalty—50 penalty units.

(3)In this section—

agreement includes an agreement that is not a rooming accommodation agreement.

76   Inconsistency

(1)If a provision of this Act is inconsistent with a term of a rooming accommodation agreement, the provision prevails and the term is void to the extent of the inconsistency.

(2)If a standard term of a rooming accommodation agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency.

76AA    Offer of rooming accommodation must be for rent at a fixed amount

(1)A person must not advertise or otherwise offer rooming accommodation for rental premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the rental premises.

Maximum penalty—50 penalty units.

(2)A person must not accept a rental bond from the resident of rental premises if the rooming accommodation for the rental premises was advertised or offered without stating a fixed amount of rent for the rental premises.

Maximum penalty—50 penalty units.

(3)A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for rooming accommodation for rental premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the rental premises.

Maximum penalty—50 penalty units.

(4)A person does not contravene this section merely by placing a sign on or near rental premises advertising or offering rooming accommodation for the rental premises without stating the amount of rent for the rental premises on the sign.

76AB    Offer of rooming accommodation—limitation on rent in advance

(1)This section applies if rooming accommodation for rental premises is advertised or otherwise offered by a provider or provider’s agent.

(2)A person must not solicit or otherwise invite an offer, or accept an offer, of an amount of rent in advance for the rental premises that is more than the amount required under section 101(1).

Maximum penalty—50 penalty units.

76A    Offer of rooming accommodation must disclose particular information

(1)A provider or provider’s agent must not advertise or otherwise offer rooming accommodation unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer.

Maximum penalty—20 penalty units.

(2)A provider or provider’s agent must not accept a rental bond from a resident for rooming accommodation if the rooming accommodation was advertised or otherwise offered in contravention of subsection (1).

Maximum penalty—20 penalty units.

(3)This section does not apply to a person merely placing a sign on or near rental premises advertising that a room is available for rooming accommodation.

76B    Provider must give particular information to prospective resident

A provider or provider’s agent must give a prospective resident the information prescribed by regulation before doing any of the following—

(a)accepting a document from the prospective resident that commits the resident—

(i)to enter into a rooming accommodation agreement; or

(ii)to pay an amount for the accommodation;

(b)accepting an amount from the prospective resident for the accommodation;

(c)entering into a rooming accommodation agreement with the prospective resident.

Maximum penalty—20 penalty units.

76C   Application for rooming accommodation

(1)This section applies if a provider or provider’s agent requires a prospective resident to apply for rooming accommodation.

(2)The provider or provider’s agent must require the prospective resident to apply for the rooming accommodation using the required application form.

Maximum penalty—20 penalty units.

(3)For subsection (2), the required application form is an approved form that requires only the following information—

(a)the name and contact details of the prospective resident;

(b)details of any previous residential tenancy agreements or rooming accommodation agreements the prospective resident has been a party to;

(c)the prospective resident’s current employment;

(d)details about the prospective resident’s income;

(e)referees for the prospective resident;

(f)the intended term of the residency interest;

(g)any other information prescribed by regulation.

(4)The provider or provider’s agent must nominate at least 2 ways for the prospective resident to submit the application.

Maximum penalty—20 penalty units.

(5)For subsection (4), at least 1 of the nominated ways must be a way that is not a restricted way.

(6)In this section—

restricted way, for submitting an application, means—

(a)a way that involves a prospective resident using an online platform to give personal information to a person, other than the provider, who—

(i)collects the information on behalf of the provider; and

(ii)is not a real estate agent; or

(b)a way prescribed by regulation to be a restricted way.

76D   Request for information for application

(1)A provider or provider’s agent may request information about a prospective resident only if—

(a)the information is of a type mentioned in section 76C(3); or

(b)the information comprises no more than 2 documents in each of the following categories—

(i)documents verifying the identity of the prospective resident;

(ii)documents about the prospective resident’s financial ability to pay rent;

(iii)documents about the suitability of the prospective resident for the rooming accommodation.

Maximum penalty—20 penalty units.

(2)However, a provider or provider’s agent must not request information about a prospective resident in relation to the following—

(a)legal action taken by the prospective resident, including dispute resolution or matters considered by the tribunal;

(b)a notice to remedy breach given to the prospective resident by a lessor or provider;

(c)a notice to remedy breach given by the prospective resident to a lessor or provider;

(d)the prospective resident’s history in relation to rental bonds, including any claim on a rental bond;

(e)statements of credit accounts or bank accounts belonging to the prospective resident detailing transactions.

Maximum penalty—20 penalty units.

76E   Verification of identity for application

(1)A prospective resident may give identity documents to a provider or provider’s agent to verify the prospective resident’s identity by—

(a)giving a copy of the original identity document; or

(b)allowing the provider or provider’s agent to access or sight the original identity document.

(2)If a document is accessed or sighted by the provider or provider’s agent under subsection (1)(b), the provider or provider’s agent must not keep a copy of the original identity document without the prospective resident’s consent.

Maximum penalty—20 penalty units.

77   Written agreement required

(1)A provider or provider’s agent must ensure a rooming accommodation agreement entered into with a resident is in writing to the extent, and in the way, required by this section.

Maximum penalty—40 penalty units.

(2)The written agreement must include—

(a)the standard terms for the agreement; and

(b)any special terms of the agreement; and

(c)the day the rent for the resident’s room was last increased, within the meaning of section 105B, at the time the agreement is entered into.

(2A)However, subsection (2)(c) does not apply if the provider is an exempt provider.

(3)If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the rental premises), the agreement is taken to include the standard term only if the information is properly included.

(4)The agreement must—

(a)be written in a clear and precise way; and

(b)state the provider’s name, address and any telephone number and the resident’s name and any telephone number; and

(c)fully describe the services to be provided under the agreement; and

(d)state the amount of rent payable, when it is payable and how it must be paid; and

(e)state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and

(f)state the amount of any rental bond payable; and

(g)for a fixed term agreement, state the term for which it applies; and

(h)be signed by the parties; and

(i)comply with any other requirement prescribed under a regulation.

(5)The costs of preparing the agreement are payable by the provider.

78   Resident’s copy of agreement

(1)The provider or provider’s agent must give the document prepared for section 77 to the resident for signing on or before the day the resident occupies the room in rental premises under the agreement.

Maximum penalty—20 penalty units.

(2)Within 3 days after receiving the document signed by the resident, the provider or provider’s agent must sign the document and return a copy signed by both parties to the resident.

Maximum penalty—10 penalty units.

79   Period provider or provider’s agent must keep agreement

(1)The provider or provider’s agent must keep a copy of the agreement prepared for section 77 for a period of 1 year after the term of agreement ends.

Maximum penalty—20 penalty units.

(2)Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement.

Subdivision 2 Associated documents

80   Application of sdiv 2

This subdivision applies to the provider and resident under a rooming accommodation agreement only if a rental bond is payable, or has been paid, under the agreement.

81   Condition report at start of rooming accommodation

(1)The provider or provider’s agent must on or before the day the resident occupies a room in rental premises under the rooming accommodation agreement—

(a)prepare, in the approved form, a condition report for the room and the facilities in the room; and

(b)sign the condition report; and

(c)give a copy of the condition report to the resident.

Maximum penalty—20 penalty units.

(2)The resident must, within 7 days after the resident occupies the room under the rooming accommodation agreement—

(a)sign the copy of the condition report given to the resident; and

(b)if the resident does not agree with the condition report—show the parts of the condition report the resident disagrees with by marking the copy of the condition report in an appropriate way; and

(c)return the copy of the condition report to the provider or provider’s agent.

Maximum penalty—20 penalty units.

(3)However, if the provider or agent has not given a copy of the condition report to the resident before the resident occupies the room, subsection (2) applies to the resident as if a reference to starting to occupy the room were a reference to receiving the copy.

(4)If the resident returns the copy of the condition report to the provider or agent under subsection (2), the provider or agent must make a copy of the condition report and return it to the resident within 14 days.

Maximum penalty—20 penalty units.

(5)The provider or agent must keep, until at least 1 year after the last rooming accommodation agreement, to which a condition report relates, ends—

(a)the signed copy of the condition report returned to the provider or agent by the resident; or

(b)if the resident does not return a signed copy—another copy of the condition report.

Maximum penalty—20 penalty units.

(6)If the provider or agent complies with subsection (1) for a rooming accommodation agreement (the original agreement), subsections (1) to (4) do not apply in relation to a later rooming accommodation agreement (a renewal agreement) that continues the resident’s right to occupy the same room.

(7)Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the rooming accommodation.

(8)In this section—

resident, in relation to rental premises, includes a person who proposes to be a resident of the premises.

Subdivision 3 Fixed term agreements

82   Continuation of fixed term agreement

(1)This section applies to a rooming accommodation agreement if—

(a)under the agreement, accommodation is provided to the resident for a fixed term; and

(b)neither the provider nor the resident gives the other party a notice under chapter 5, part 2 ending the agreement or agrees in writing with the other party to end the agreement under section 366(a).

(2)The rooming accommodation agreement continues to apply after the last day of the term, as a periodic agreement, on the same terms on which it applied immediately before the last day of the term, other than the term about the fixed term.

(3)This section does not stop the provider and resident from entering into another rooming accommodation agreement starting at the end of the fixed term.

Part 2    Rent

Division 1 Residential tenancy agreements

82A    Meaning of exempt lessor

A lessor of premises is an exempt lessor if—

(a)the lessor receives funding for the premises under the Housing Act 2003 if the amount of rent payable for the premises is determined by household income; or

Examples—

•a community housing provider

•a specialist homelessness service

(b)the lessor receives funding for the premises that is the subject of a funding declaration under the Community Services Act 2007 if the amount of rent payable for the premises is determined by household income; or

(c)the lessor is the chief executive of the housing department, acting on behalf of the State; or

(d)the lessor is the State and the tenant is an officer or employee of the State; or

(e)the lessor is the replacement lessor under a community housing provider tenancy agreement; or

(f)the lessor is prescribed by regulation to be an exempt lessor.

83   How rent is to be paid

(1)A tenant must pay the rent in a way stated in the residential tenancy agreement.

(2)The lessor or lessor’s agent must ensure—

(a)the residential tenancy agreement states at least 2 ways for the tenant to pay the rent; and

(b)at least 1 of the ways for the tenant to pay rent stated in the agreement—

(i)does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(ii)is reasonably available to the tenant.

(3)This section applies subject to sections 84 and 84A.

84   Changes to way rent to be paid by agreement

(1)This section applies if, after signing a residential tenancy agreement—

(a)the lessor or tenant gives the other party a written notice changing 1 or more of the ways in which rent is to be paid under the agreement; and

(b)the other party agrees in writing (the rent agreement) to payments of rent being made in the stated way.

(2)While the rent agreement remains in effect, the stated way under the rent agreement applies despite the residential tenancy agreement.

84A   Changes to way rent to be paid—no agreement

(1)This section applies if, after signing a residential tenancy agreement, the lessor or lessor’s agent intends to change the way the tenant is required to pay the rent under the agreement, other than by agreement under section 84.

(2)The lessor or lessor’s agent must give the tenant a written notice stating a choice of at least 2 other ways for the payment of rent, including a way that—

(a)does not incur any cost to the tenant in addition to bank fees or other account fees usually payable for the tenant’s transactions; and

(b)is reasonably available to the tenant.

(3)From the day that is 14 days after the tenant is given the notice, the tenant must pay the rent in a way stated in the notice.

84B   Tenant must be advised about associated costs and benefits

(1)A lessor or lessor’s agent must comply with subsection (2) and (3) before—

(a)a tenant enters into a residential tenancy agreement; or

(b)a tenant enters into a rent agreement under section 84; or

(c)a notice is given to the tenant under section 84A.

(2)The lessor or lessor’s agent must give the tenant a written notice advising the tenant of the costs that are associated with the ways to pay rent offered to the tenant if—

(a)the tenant would not reasonably be aware of the costs; and

(b)the lessor or lessor’s agent knows or could reasonably be expected to find out about the costs.

Maximum penalty—40 penalty units.

(3)Also, the lessor or lessor’s agent must declare any financial benefit the lessor or lessor’s agent may receive if the tenant uses a particular way to pay rent.

Maximum penalty—20 penalty units.

85   Where rent to be paid

(1)If the place for payment of rent is stated in an agreement, the tenant must pay the rent at the place stated.

(2)However, if, after signing the agreement, the lessor gives the tenant a written notice stating a place, or a different place, as the place at which rent is required to be paid and the place is reasonable, the tenant must pay the rent at the place stated in the notice while the notice is in force.

(3)If the place for payment of rent is not stated, the tenant must pay the rent at an appropriate place.

86   Payment of rent by electronic transaction

(1)This section applies—

(a)if a tenant effects an electronic transaction to pay rent to the account of the lessor or lessor’s agent on a day; and

(b)does not take any action to defer the payment to the lessor’s or lessors agent’s account to a later day.

(2)Payment is taken to be received by the lessor or lessor’s agent on the day the tenant effects the electronic transaction.

(3)Subsection (2) applies even if, because of circumstances beyond the tenant’s control, the payment to the lessor’s or lessors agent’s account happens on a later day.

Example—

The tenant uses BPay to authorise payment of rent to be debited to the tenant’s account on a Wednesday. However, the financial institution, because of its internal arrangements, does not actually debit the tenant’s account and credit the lessor’s or lessors agent’s account until the next day. The rent payment is taken to have been received by the lessor or lessor’s agent on the Wednesday.

87   Rent in advance

(1)A lessor or lessor’s agent must not require, as payment of rent in advance under an agreement, more than—

(a)for a periodic agreement or an agreement for moveable dwelling premises—2 weeks rent; or

(b)for another agreement—1 month rent.

Maximum penalty—20 penalty units.

(2)A lessor or lessor’s agent must not require a payment of rent under an agreement in a period for which rent has already been paid.

Maximum penalty—10 penalty units.

88   Receipts and other records

(1)If rent under an agreement is paid in cash, the person receiving the payment must give a receipt as required by this section.

Maximum penalty—10 penalty units.

(2)If rent under an agreement is paid by cheque, the person receiving the payment must give a receipt, as required by this section, if the person making the payment asks for a receipt when making the payment.

Maximum penalty—10 penalty units.

(3)A receipt must be signed by the person receiving the payment.

(4)A receipt must be given to the person making the payment—

(a)if the payment is made by the person personally and in cash—when the payment is made; or

(b)if the payment is made by the person in cash but not personally—before the end of the next business day after the day the payment is received; or

(c)if the payment is made by cheque—within 3 business days after the day the payment is received.

(5)The lessor or lessor’s agent must, for a payment of rent under an agreement—

(a)make a written record of the payment (the rent payment record) as required by this section; and

(b)give a copy of the record to the tenant as required by this section, if the tenant asks for it.

Maximum penalty—10 penalty units.

(6)Subsection (5) does not apply if the rent payment—

(a)is made in cash; or

(b)is made by cheque and a receipt is given for the payment.

(7)A copy of a rent payment record asked for by a tenant must be given within 7 days after the request is made.

(8)A receipt or rent payment record must state—

(a)the tenant’s name; and

(b)the address of the premises; and

(c)the date the payment is received; and

(d)the period for which the payment is made; and

(e)the amount of the payment; and

(f)that the payment is a payment of rent.

89   Keeping of records

(1)The lessor or lessor’s agent must keep, for at least the required period, for each payment of rent under the agreement—

(a)if a receipt was required to be given for the payment—a copy of the receipt, or another appropriate written record of the payment; or

(b)if a receipt was not required to be given for the payment—the rent payment record for the payment.

Maximum penalty—15 penalty units.

(2)For subsection (1), the required period is—

(a)the period fixed under a regulation and ending more than 1 year after the agreement ends; or

(b)if a period is not fixed under a regulation—the period ending 1 year after the agreement ends.

90   False, misleading or incomplete rent records

(1)In this section—

rent record means a receipt, rent payment record or another record of a rent payment.

(2)A person must not—

(a)in a rent record, make an entry the person knows is false or misleading in a material particular; or

(b)fail to enter a material particular in a rent record, unless the person does not know, and can not reasonably obtain, the necessary information.

Maximum penalty—20 penalty units.

91   Rent increases

(1)This section applies to increases in rent for the following—

(a)a periodic agreement;

(b)a fixed term agreement, during the term of the agreement.

Note—

See also section 93 for the minimum period before rent can be increased under a residential tenancy agreement.

(2)If the lessor proposes to increase the rent, the lessor must give written notice of the proposal to the tenant in the way required by this section.

(3)The notice must state—

(a)the amount of the increased rent; and

(b)the day from when the increased rent is payable; and

(c)the day the rent was last increased for the premises.

(3A)However, subsection (3)(c) does not apply if the lessor is an exempt lessor.

(4)The day stated in the notice under subsection (3)(b) must not be earlier than the later of the following—

(a)2 months after the day the notice is given to the tenant;

(b)the end of the minimum period before the rent may be increased under section 93.

(5)Subject to an order of a tribunal under section 92, the increased rent is payable from the day stated in the notice, and the agreement is taken to be amended accordingly.

(6)However, the increased rent is payable by the tenant only if—

(a)the rent is increased in compliance with this section; and

(b)the increased rent is not payable before the end of the minimum period before the rent may be increased under section 93; and

(c)the increase in rent does not relate to—

(i)compliance of the premises or inclusions with the prescribed minimum housing standards; or

(ii)the keeping of a pet or working dog at the premises.

(7)Also, the rent under a fixed term agreement may not be increased before the term ends unless—

(a)the agreement provides for a rent increase; and

(b)the agreement states the amount of the increase or how the amount of the increase is to be worked out; and

(c)the increase is made under the agreement.

(8)This section applies subject to sections 93 and 93A.

(9)This section does not apply if—

(a)the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State; or

(c)the lessor is the replacement lessor under a community housing provider tenancy agreement.

Note—

This section does not apply to an increase in rent from one fixed term agreement to the next.

92   Tenant’s application to tribunal about rent increase

(1)This section applies if the lessor gives the tenant notice of a proposed rent increase and the tenant believes the increase—

(a)is excessive; or

(b)is not payable under section 91.

(2)The tenant may apply to the tribunal for an order mentioned in subsection (4).

(3)The application must be made—

(a)within 30 days after the tenant receives the notice; and

(b)if the agreement is a fixed term agreement—before the term of the agreement ends.

(4)The tribunal may make either of the following orders on an application under this section—

(a)an order reducing the amount of the proposed increase of rent by a stated amount;

(b)an order setting aside the amount of the proposed increase of rent.

(5)In deciding the application, the tribunal must have regard to the following—

(a)the range of market rents usually charged for comparable premises;

(b)the proposed increased rent compared to the current rent;

(c)the state of repair of the premises;

(d)the term of the tenancy;

(e)the period since the last rent increase (if any);

(f)if the proposed rent increase relates to the prescribed minimum housing standards—any repairs or maintenance carried out to the premises or inclusions;

(g)if the proposed rent increase relates to keeping a pet or working dog at the premises—the approval to keep the pet or the right to keep the working dog.

(6)The tribunal may also have regard to other matters the tribunal considers relevant.

(7)Without limiting the tribunal’s powers, the tribunal may make an interim order about payment of the rent increase pending its final decision on the application.

(8)This section does not apply if—

(a)the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or

(b)the lessor is the State and the tenant is an officer or employee of the State; or

Division 3 Notices of intention to leave for short tenancies (moveable dwelling)

Notice of intention to leave	Notice period
notice of intention to leave for an unremedied breach (s 302)	1 day after the notice is given to the lessor
notice of intention to leave for noncompliance (tribunal order) (s 304)	1 day after the notice is given to the lessor
notice of intention to leave for non-livability (s 305(3))	the day the notice is given to the lessor
notice of intention to leave for compulsory acquisition (s 305(4))	1 day after the notice is given to the lessor
notice of intention to leave for non-livability (s 306)	the day the notice is given to the lessor
notice of intention to leave for intention to sell (s 307)	1 day after the notice is given to the lessor
notice of intention to leave because of failure to comply with repair order (s 307D)	the day the notice is given to the lessor
notice of intention to leave for end of short tenancy (moveable dwelling) (s 307E)	1 day after the notice is given to the lessor
notice of intention to leave without ground (s 308)	1 day after the notice is given to the lessor

Schedule 2 Dictionary

section 6

abandonment termination notice see section 355(1).

affordable housing scheme means NRAS or a scheme under which the Commonwealth, the State, a local government or a non-profit corporation provides accommodation assistance, other than—

(a)as approved supported accommodation; or

(b)under a subletting mentioned in section 38.

agent—

(a)of a lessor, means a person employed, or otherwise authorised, by the lessor to act as the lessor’s agent; or

(b)of a provider, means a person employed, or otherwise authorised, by the provider to act as the provider’s agent.

agreement see section 19.

allowed remedy period means the period stated in a notice to remedy breach as the period within which a party to an agreement is required to remedy the breach of the agreement stated in the notice.

antisocial behaviour, for chapter 13A, see section 527A.

applicant, for chapter 9, part 2, see section 457C.

approved form see section 519.

approved supported accommodation means accommodation provided under an agreement between the Commonwealth and the State under—

(a)the program known as the ‘Crisis Accommodation Program’, or, if the program is continued under another name, the program as continued under the other name; or

(b)the program known as the ‘Supported Accommodation Assistance Program’, or, if the program is continued under another name, the program as continued under the other name.

approved way ...

arrangement includes a promise, scheme, transaction (with or without consideration), understanding and undertaking (whether expressed or implied).

authorised person means a person who is appointed under this Act as an authorised person.

authority means the Residential Tenancies Authority.

base period see section 47(1).

board means the authority’s board of directors.

body corporate by-law means a by-law under the Body Corporate and Community Management Act 1997 or the Building Units and Group Titles Act 1980.

body corporate law means—

(a)the Body Corporate and Community Management Act 1997; or

(b)the Building Units and Group Titles Act 1980.

body corporate scheme means—

(a)a community titles scheme; or

(b)a plan under the Building Units and Group Titles Act 1980.

bond loan contributor see section 114.

caravan see section 7.

chairperson means the chairperson of the board.

change of use, for a notice to leave, see section 290E(2).

chief executive officer means the authority’s chief executive officer.

common areas, for a resident of rental premises, means the parts of the rental premises other than the resident’s room that the resident may use under the rooming accommodation agreement.

community housing provider, for a tenancy, see section 527B.

community housing provider tenancy agreement see section 527A.

community housing service, for chapter 13A, see section 527A.

community titles scheme see the Body Corporate and Community Management Act 1997, section 10.

compulsory acquisition—

(a)for a notice to leave, see section 284(4); or

(b)for a notice of intention to leave, see section 305(4).

compulsory park closure, for a notice to leave, see section 287(5).

conciliation agreement means an agreement mentioned in section 408.

conciliation process see section 398.

conciliator means a person appointed as a conciliator under section 400.

condition of premises, for a notice of intention to leave, see section 307A(4).

condition report—

(a)for residential premises and inclusions, means a report describing the physical condition of the premises and inclusions; or

(b)for a room in rental premises and the facilities in the room, means a report describing the physical condition of the room and facilities.

contributor, for a rental bond, see section 113.

coresident means 1 of 2 or more residents who occupy the same room or rooms in the rental premises under the same rooming accommodation agreement.

damage, for an application for a termination order, see sections 296(3), 311(2) and 312(2).

database operator, for chapter 9, part 3, see section 457F.

death of cotenant, for a notice of intention to leave, see section 307B(2).

demolition or redevelopment, for a notice to leave, see section 290C(2).

director means a director of the board, and includes the chairperson.

dispute, for chapter 6, part 1, means a tenancy dispute or a rooming accommodation dispute.

dispute resolution request see section 402.

domestic violence has the meaning given by the Domestic and Family Violence Protection Act 2012.

domestic violence issues see sections 245(4) and 344(2).

domestic violence order has the meaning given by the Domestic and Family Violence Protection Act 2012.

education department means the department in which the Education (General Provisions) Act 2006 is administered.

emergency repairs see section 214.

employee of the employing office see section 497(2).

employing office means the Residential Tenancies Employing Office established under section 491.

ending of accommodation assistance, for a notice to leave, see section 289(3).

ending of entitlement to student accommodation—

(a)for a notice to leave—see section 290F(3); or

(b)for a notice of intention to leave—see section 307C(3).

ending of entitlement under employment, for a notice to leave, see section 288(2).

ending of housing assistance, for a notice to leave, see section 290(3).

end of fixed term agreement, for a notice to leave, see section 291(4).

end of short tenancy (moveable dwelling)—

(a)for a notice to leave, see section 292(4); or

(b)for a notice of intention to leave, see section 307E(4).

enforcement warrant means an enforcement warrant under the Civil Proceedings Act 2011.

entry notice see section 193(1)(a).

excessive hardship, for an application for a termination order, see sections 295(2), 310(2), 377 and 383.

executive officer, of a corporation, means—

(a)if the corporation is the Commonwealth or a State—a chief executive of a department or a person who is concerned with, or takes part in, the management of a department, whatever the person’s position is called; or

(b)if the corporation is a local government—

(i)the local government’s chief executive officer; or

(ii)a person who is concerned with, or takes part in, the local government’s management, whatever the person’s position is called; or

(c)if paragraphs (a) and (b) do not apply—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

executive officer, of the employing office, means the executive officer appointed under section 494.

exempt lessor see section 82A.

exempt provider see section 97A.

existing database, for chapter 14, part 4, see section 558.

existing listing, for chapter 14, part 4, see section 558.

existing State tenancy agreement, for chapter 13A, see section 527A.

existing State tenancy agreement see section 527C.

extended period see section 48(1).

facilities, for rooming accommodation, includes furniture and equipment.

failure to comply with repair order, for a notice of intention to leave, see section 307D(2).

failure to enter into acceptable behaviour agreement, for an application for a termination order, see section 527E.

failure to leave, for an application for a termination order, see section 293(3).

failure to leave as intended, for an application for a termination order, see section 294(3).

final nuisance direction see the Police Powers and Responsibilities Act 2000.

fixed term agreement—

(a)for a residential tenancy, means a residential tenancy agreement for a residential tenancy for a fixed term; or

(b)for rooming accommodation, means a rooming accommodation agreement under which accommodation is provided to a resident for a fixed term.

food service means a service of regularly providing meals to a resident.

former, for chapter 14, part 4, see section 558.

general service charge, for premises that are not moveable dwelling premises in a moveable dwelling park, means a service charge that is not a water service charge.

goods include animals, plants, money, documents and anything else of value.

government entity see the Public Sector Act 2022, section 276.

guest, of a resident, means a person who enters the resident’s room or common areas with the resident’s consent.

handover day, for premises, means the day stated in a notice to leave, or notice of intention to leave, as the day vacant possession of the premises is required to be, or will be, handed over to the lessor.

Note—

See sections 326(3) and 327(2) for limitations on handover days.

holding deposit, for premises, means an amount paid as consideration for an option to enter into an agreement for the premises.

home owner see the Manufactured Homes (Residential Parks) Act 2003, section 8.

house rules, for rental premises, means the rules in force for the premises under chapter 4, part 3.

housing department means the department in which the Housing Act 2003 is administered.

inaccurate, for chapter 9, part 3, see section 457F.

inclusions, for premises, means everything supplied with the premises for the tenant’s use (whether or not the things are supplied under an agreement).

incompatibility, for an application for a termination order, see sections 298(3) and 314(3).

individually metered, for premises, means there is, for the premises, a meter that—

(a)has been installed or approved by a supply authority; and

(b)measures, for the premises only, the quantity of something supplied to, or used at, the premises under a service or facility made available by the authority.

industrial instrument see the Industrial Relations Act 2016, schedule 5.

initial nuisance direction see the Police Powers and Responsibilities Act 2000.

injury, for an application for a termination order, see sections 296(4), 311(3) and 312(3).

intention to sell, for a notice of intention to leave, see section 307(4).

interested person, for a payment mentioned in any of the following provisions, means a person stated in the provision to be an interested person for the payment—

(a)section 128(3);

(b)section 129(3);

(c)section 132(5);

(d)section 133(3);

(e)section 134(3);

(f)section 135(2) or (3);

(g)section 135C(3);

(h)section 135D(3).

Note—

See also section 143.

key, of a lock, means a device or information normally used to operate the lock.

key deposit see section 156.

lessor see—

(a)generally—sections 8 and 20; and

(b)for chapter 9—section 457A.

list, for chapter 9, part 3, see section 457F.

lock means a device for securing a door, gate, window or another part of premises.

long tenancy (moveable dwelling) see section 51.

lost property, for chapter 5, part 2, division 6, see section 390.

manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.

maximum rental bond—

(a)for a residential tenancy agreement, see section 112(1); or

(b)for a rooming accommodation agreement, see section 112(2).

misrepresentation, for an application for a termination order—

(a)for a residential tenancy agreement—see section 312A(2); or

(b)for a rooming accommodation agreement—see section 381J(2).

mortgagee, for a mortgage, includes any person from time to time deriving title to the mortgage under a previous mortgagee.

moveable dwelling means a caravan or manufactured home.

moveable dwelling park means a place where moveable dwellings are situated for occupation on payment of consideration.

moveable dwelling premises means premises consisting of—

(a)for a moveable dwelling that is a caravan—the dwelling or its site, or both the dwelling and site; or

(b)for a moveable dwelling that is a manufactured home in, or intended to be situated in, a moveable dwelling park—the dwelling or its site, or both the dwelling and site.

new, for chapter 14, part 4, see section 558.

nominated repairer see section 216(1).

noncompliance (moveable dwelling relocation), for a notice to leave, see section 283(3).

noncompliance (tribunal order)—

(a)for a notice to leave, see section 282(2); or

(b)for a notice of intention to leave, see section 304(2).

non-livability—

(a)for a notice to leave, see sections 284(3) and 285(5); or

(b)for a notice of intention to leave, see sections 305(3) and 306(5).

non-profit corporation means a corporation formed for a purpose other than the purpose of making a profit.

non-resolution notice, for park rules for a moveable dwelling park, see section 231(6).

notice ending residency interest see section 381B(3).

notice ending tenancy interest see section 308B(3).

notice of intention to leave means a notice given by the tenant to the lessor indicating the tenant’s intention to hand over vacant possession of the premises to the lessor on the handover day.

notice to leave means a notice given by the lessor to the tenant requiring the tenant to hand over vacant possession of the premises to the lessor on the handover day.

notice to relocate see section 223(1).

notice to remedy breach means a notice given by a party to an agreement to the other party requiring the other party to remedy a breach of the agreement stated in the notice.

NRAS means the National Rental Affordability Scheme or a similar scheme by whatever name called.

nuisance direction means an initial or final nuisance direction.

objectionable behaviour, for an application for a termination order, see sections 297(2) and 313(2).

objection closing day, for park rules for a moveable dwelling park, see section 229(1)(a).

objector, for park rules for a moveable dwelling park, see section 231(2).

obstruct includes hinder, resist and attempt to obstruct.

occupant, of premises, means a person who resides at the premises.

officer, of the authority, means any of the following—

(a)the chief executive officer;

(b)an employee of the employing office or of another government entity performing work for the authority under a work performance arrangement;

(c)an employee of the authority, whether or not there is a written contract of employment between the authority and the employee;

(d)an individual performing services for the authority—

(i)under a contract, other than a contract of employment, between the individual and the authority; or

(ii)under an arrangement, other than a work performance arrangement, between the authority and a person other than the individual.

option period, for chapter 2, part 4, division 2, see section 159(3).

out of date, for chapter 9, part 3, see section 457F.

owner occupation, for a notice to leave, see section 290G(2).

park liaison committee, for a moveable dwelling park, see section 231(2).

park rules means rules made by the owner of a moveable dwelling park about the use, enjoyment, control and management of the park.

party, to a dispute, for chapter 6, part 1, means—

(a)for a tenancy dispute—the lessor or tenant; or

(b)for a rooming accommodation dispute—the provider or resident.

periodic agreement—

(a)for a residential tenancy—means a residential tenancy agreement that is not a fixed term agreement; or

(b)for rooming accommodation—means a rooming accommodation agreement that is not a fixed term agreement.

personal care service means a service of regularly providing a resident with—

(a)help in—

(i)bathing, toileting or another activity related to personal hygiene; or

(ii)dressing or undressing; or

(iii)consuming a meal; or

(iv)meeting a mobility problem of the resident; or

(v)taking medication; or

(b)help in managing the resident’s financial affairs.

personal document, of a person, means a document it would be reasonable to expect the person would want to keep.

Examples—

passport, birth certificate, marriage certificate, photograph

personal information see section 457.

pet—

(a)for a residential tenancy agreement—see section 184A; or

(b)for a rooming accommodation agreement—see section 256A.

premises see sections 9 and 22.

prescribed minimum housing standards see section 17A(1).

prescribed rules see section 267.

proposal, for park rules for a moveable dwelling park, see section 229(1)(a).

proposed commencement day, for a rule change, see section 270(1)(b).

protection order means an order under the Domestic and Family Violence Protection Act 2012, section 37.

provider see sections 17 and 21.

public housing, for chapter 13A, see section 527A.

real estate agent see the Property Occupations Act 2014, section 16.

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.

registrar means the principal registrar under the QCAT Act.

registry means the registry under the QCAT Act.

relative of a person—

(a)means the person’s spouse, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, son-in-law, sister-in-law or brother-in-law; and

(b)for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative of the Aboriginal person; and

(c)for a Torres Strait Islander person—includes a person who, under Island custom, is regarded as a relative of the Torres Strait Islander person.

reletting costs—

(a)for a residential tenancy agreement—see section 357A(3); or

(b)for a rooming accommodation agreement—see section 396A(3).

rent means—

(a)an amount payable by a tenant under a residential tenancy agreement for the right to occupy residential premises as a residence; or

(b)an amount payable by a resident under a rooming accommodation agreement for the provision of accommodation and any other service provided under the agreement.

rental bond see section 111.

rental bond account means the account by that name kept under section 150.

rental bond instalments—

(a)for a residential tenancy agreement, see section 117(1)(c); or

(b)for a rooming accommodation agreement, see section 118(1).

rental bond interest account ...

rental bond notice means a notice about a rental bond given to the authority under section 116.

rental bond supplier ...

rental premises means the premises in which rooming accommodation is provided.

rental purchase plan agreement means an agreement entered into between the State and someone else (the buyer) about residential premises—

(a)

under which the buyer agrees to buy, or after the buyer has bought, a part interest (a share) in the premises; and

(b)under which the State gives the buyer the right to occupy the premises; and

(c)under which the buyer is required to make payments to the State and—

(i)if the buyer is buying a share—the payments are divided by the State between the amount owing for the purchase of the share and rent for the right to occupy the premises; or

(ii)if the buyer has bought a share and is not buying a further share—the payments are payments of rent for the right to occupy the premises.

renting agent, for a lessor, means the agent to whom the tenant normally pays the rent.

rent payment record—

(a)for a residential tenancy agreement, see section 88(5)(a); or

(b)for a rooming accommodation agreement, see section 102(5)(a).

repair order see section 221(1).

repeated breaches, for an application for a termination order, see sections 299(3), 315(3), 376(3) and 382(3).

replacement lessor ...

replacement lessor see section 527A.

replacement terms, for chapter 13A, see section 527C.

representative, of a person, means—

(a)if the person is a corporation—an executive officer, employee or agent of the corporation; or

(b)if the person is an individual—an employee or agent of the individual.

representative entity means an entity that has the purpose of providing advice or support to tenants.

resident, in rooming accommodation, see sections 14 and 21.

resident, of a moveable dwelling park, means a person occupying moveable dwelling premises in the park as the tenant under an agreement.

residential premises see section 10.

residential tenancy see section 11.

residential tenancy agreement see section 12.

resident’s room, for a resident of rental premises, means a room in the premises that the resident occupies as his or her residence under the rooming accommodation agreement.

retirement village has the meaning given by the Retirement Villages Act 1999.

rooming accommodation see section 15.

rooming accommodation agreement see section 16.

rooming accommodation dispute see section 397(2).

routine repairs see section 215.

rule change, in relation to the house rules for rental premises, see section 269.

rules of entry—

(a)for a residential tenancy agreement, see section 200; or

(b)for a rooming accommodation agreement, see section 263.

sale contract, for a notice to leave, see section 286(2).

school means—

(a)a State school within the meaning of the Education (General Provisions) Act 2006; or

(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

secondary agent, for a lessor, means an agent of the lessor who is not the renting agent.

self-contained unit means a part of a building, forming a self-contained residence, that is under the exclusive possession of the occupier and includes kitchen, bathroom and toilet facilities.

selling agent means—

(a)for a lessor—the agent appointed to sell the lessor’s premises; or

(b)for a provider—the agent appointed to sell the provider’s premises.

serious breach, for an application for a termination order, see section 297B(2).

serious breach at public or community housing, for a notice to leave, see section 290A(3).

serious or persistent breach of acceptable behaviour agreement, for an application for a termination order, see section 527E.

service charge see section 164.

share, of a rental bond, see section 115.

short tenancy (extension) statement see section 48(1).

short tenancy (moveable dwelling) see section 50.

short tenancy statement see section 47(1).

significant repair or renovations, for a notice to leave, see section 290D(2).

site, of a moveable dwelling, means the site where the moveable dwelling is, or is intended to be, situated.

site agreement see the Manufactured Homes (Residential Parks) Act 2003, section 14.

social housing database, for chapter 9, part 3, see section 457F.

social housing service, for chapter 13A, see section 527A.

special terms—

(a)of a residential tenancy agreement, see section 56; or

(b)of a rooming accommodation agreement, see section 74.

standard terms—

(a)of a residential tenancy agreement, see section 55(2); or

(b)of a rooming accommodation agreement, see section 73(2).

State government program, for a notice to leave, see section 290B(2).

state of mind, of a person, includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

structural change to premises or rental premises means any renovation, alteration or addition to the premises or rental premises.

tenancy database, for chapter 9, part 3, see section 457F.

tenancy dispute see section 397(1).

tenant see—

(a)generally—sections 13 and 20; and

(b)for chapter 9—section 457A.

termination order means an order of a tribunal terminating a residential tenancy agreement or rooming accommodation agreement.

tribunal means QCAT.

university ...

unremedied breach—

(a)for a notice to leave, see section 281(2); or

(b)for a notice of intention to leave, see section 302(2).

urgent application see section 415.

voluntary park closure, for a notice to leave, see section 287(4).

water service charge, for premises, means a service charge for water supplied to the premises.

without ground, for a notice of intention to leave, see section 308(2).

working dog—

(a)for a residential tenancy agreement—see section 184A; or

(b)for a rooming accommodation agreement—see section 256A.

work performance arrangement means an arrangement under which an employee of a government entity performs work for another government entity.