Residential Tenancy Amendment Act 2013 (TAS)

Residential Tenancy Amendment Act 2013

An Act to amend the Residential Tenancy Act 1997 and to consequentially amend the Land Titles Act 1980

[Royal Assent 21 October 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Residential Tenancy Amendment Act 2013 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Residential Tenancy Act 1997 Amended3Principal ActIn this Part, the Residential Tenancy Act 1997 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting "and who is not, in relation to the premises of the owner, a residential manager of the premises" after "relates" in paragraph (a) of the definition of agent in subsection (1) ; (b) by inserting the following definition after the definition of Director of Consumer Affairs and Fair Trading in subsection (1) : Director of Housing means the Director of Housing appointed under the Homes Act 1935; (c) by inserting the following definition after the definition of dispute in subsection (1) : domestic partner, in relation to an owner, means – (a) the spouse of the owner; or (b) a person who is in a significant relationship, within the meaning of the Relationships Act 2003, with the owner; (d) by omitting the definition of essential service from subsection (1) and substituting the following definition: essential service means any of the following services: (a) water, sewerage, electricity, or heating, supplied to or within the premises; (b) a cooking stove, or hot-water service, installed within the premises; (c) removal of grey water from premises, including ensuring the effective functioning of any on-site water-treatment facility, but not including pipes, plumbing or other water-disposal or sewage-disposal facilities owned by a council – and includes any tap washers, any light globes or light tubes that are inaccessible light globes or light tubes, and any fuses other than those that are within a meter box and relate to the supply of electricity to the premises; (e) by inserting the following definition after the definition of holding fee in subsection (1) : inaccessible light globes or light tubes means light globes or light tubes that, when in place – (a) are above the height prescribed for the purposes of this definition; or (b) are not reasonably accessible; (f) by omitting "legal title to" from paragraph (a) of the definition of owner in subsection (1) and substituting "a legal estate in"; (g) by inserting the following definition after the definition of payment period in subsection (1) : registered community housing provider has the meaning it has in the Community Housing Providers National Law (Tasmania) Act 2013 ; (h) by inserting the following definitions after the definition of security deposit in subsection (1) : social housing means residential premises – (a) owned in whole or in part by the Director of Housing; or (b) owned in whole or in part by a person declared in a notice under subsection (3) to be a person to whom this paragraph applies; social housing provider, in relation to premises, means – (a) the Director of Housing, unless there is, in relation to the premises, a person referred to in paragraph (b) or (c) ; or (b) a registered community housing provider in relation to the premises; or (c) a person declared in a notice under subsection (3) to be a person to whom paragraph (b) of the definition of social housing applies, who owns in whole or in part the premises; (i) by inserting the following subsection after subsection (2) : (3)  The Minister from time to time responsible for social housing may, by notice, declare that a person specified in the notice is a person to whom paragraph (b) of the definition of social housing in subsection (1) applies. 5Section 6 amended (Non-application of Act) Section 6 of the Principal Act is amended as follows: (a) by inserting the following paragraphs after paragraph (b) in subsection (1) : (c) any agreement that is a residential management agreement under section 16A(1) ; or (d) any memorandum of lease, registered under the Land Titles Act 1980 , in respect of which the lessee is a social housing provider; or (b) by inserting in subsection (2)(g) ", if the lessee of the premises is not a social housing provider" after " Land Titles Act 1980 ". 6Section 8 amended (General functions and powers of Commissioner) Section 8 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  The following are the functions of the Commissioner: (a) to determine disputes arising in relation to the disbursement of security deposits; (b) to determine disputes in relation to any residential tenancy database; (c) to act in the mediation or conciliation of any disputes between the parties to residential agreements in relation to boarding premises; (d) to determine applications made to the Commissioner under section 23 or section 36A ; (e) other functions conferred on the Commissioner by or under this Act. (b) by omitting from subsection (2) " sections 48I and 48ZF " and substituting " section 23 , section 36A , section 48I and section 48ZF ". 7Section 10 amended (Residential tenancy agreement) Section 10(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (d) "period." and substituting "period –"; (b) by adding after paragraph (d) the following:and includes a sub-lease by a social housing provider that is a lessee in relation to the premises by virtue of a memorandum of lease registered under the Land Titles Act 1980 . 8Section 11 amended (Expiry) Section 11 of the Principal Act is amended as follows: (a) by omitting subsection (2) and substituting the following subsection: (2)  If a residential tenancy agreement for a fixed period in relation to premises expires on a date and before that date – (a) no notice to vacate in relation to the premises is served under section 42 on the grounds specified in section 42(1)(d) ; and (b) the residential tenancy agreement is not extended or renewed – a new residential tenancy agreement for no fixed period is established on that date in relation to the premises. (b) by inserting the following subsection after subsection (3) : (4)  Despite subsection (1) , if – (a) but for this subsection, a residential tenancy agreement for a fixed period in relation to premises would, under subsection (1) , expire on a date; and (b) a notice to vacate in relation to the premises is served under section 42 on the grounds specified in section 42(1)(d)  – the agreement expires on the day on which the notice takes effect under section 43 . 9Section 12 amended (Extension and renewal) Section 12(1) of the Principal Act is amended as follows: (a) by omitting "that has expired"; (b) by omitting "within 28 days after" and substituting "before". 10Section 16A amended (Residential management agreement) Section 16A(2)(a) of the Principal Act is amended by inserting "and is taken for the purposes of this Act to have the capacity to grant a right of occupancy of those premises to a person for value" after "Act". 11Section 16B insertedBefore section 17 of the Principal Act , the following section is inserted in Division 2: 16BRental properties to be advertised and offered at fixed rental price (1)  The owner of residential premises – (a) must not advertise the premises for rent, or offer the premises for rent, at a price that is not a fixed price; and (b) must not invite a prospective tenant to make an offer to become a tenant of the premises at a price higher than a fixed price advertised or offered by the owner.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of this section – (a) rent specified in an advertisement, or offer, is not a fixed price for rent unless it is a definite single amount specified for the rent in the advertisement or offer; and (b) rent specified in an advertisement, or offer, is not a fixed price for rent if the advertisement or offer is to the effect that the rent is to be determined in the future between the parties as – (i) any amount within a range of prices for the rent mentioned in the advertisement or offer; or (ii) an amount that is to be above a minimum amount specified in the advertisement or offer. 12Section 17 amended (Money other than rent) Section 17 of the Principal Act is amended as follows: (a) by inserting the following penalty after paragraph (c) in subsection (3) :

Penalty:  Fine not exceeding 50 penalty units.

(b) by inserting the following subsection after subsection (3) : (3A)  A rent-collection agency must not require a person, who pays, or is to pay, to the agency rent in relation to residential premises, to pay a fee or charge in relation to the rent or receiving the rent.

Penalty:  Fine not exceeding 50 penalty units.

(c) by inserting the following definition before the definition of water consumption charge in subsection (4) : rent-collection agency means a person or body, other than an authorised deposit-taking institution, that receives, on behalf of an owner of residential premises to which a residential tenancy agreement relates, rent paid or payable in relation to the premises by or on behalf of a tenant; 13Section 20 amended (Increase in rent) Section 20 of the Principal Act is amended as follows: (a) by omitting from subsection (3) "An increase in the rent may only take effect from a day that is" and substituting "Except in the case of a residential tenancy agreement that relates to social housing, an increase in rent may only take effect from a day that is more than 60 days after the day on which the notice is given and is a day that is"; (b) by omitting paragraphs (a) and (b) from subsection (3) and substituting the following paragraph: (a) not less than 12 months after the residential tenancy agreement commenced or was extended or renewed; or (c) by omitting from subsection (3)(c) "6 months" and substituting "12 months"; (d) by omitting from subsection (3)(d) "Court" and substituting "Commissioner"; (e) by omitting from subsection (3)(d) "6 months" and substituting "12 months"; (f) by inserting the following subsection after subsection (3) : (3A)  If a residential tenancy agreement relates to social housing, an increase in rent may only take effect from a day that is more than 60 days after the day on which the notice is given. 14Section 23 amended (Unreasonable increase) Section 23 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "the Court" and substituting "the Commissioner"; (b) by inserting the following subsections after subsection (1) : (1A)  An application made under subsection (1) is to be accompanied by the prescribed fee. (1B)  An application may only be made under subsection (1) by a tenant within the period of 60 days after the tenant is notified of the increase under section 20 . (1C)  The Commissioner may, if he or she thinks fit, conduct a hearing in relation to an application for an order under this section. (c) by omitting from subsection (2) "the Court" and substituting "the Commissioner"; (d) by omitting from subsection (3) "the Court" and substituting "the Commissioner"; (e) by omitting from subsection (4) "An order" and substituting "Subject to subsection (7)(a) and any contrary order of a court, an order of the Commissioner under this section"; (f) by inserting the following subsections after subsection (4) : (5)  If the Commissioner has determined an application made under subsection (1) in respect of premises, a tenant or an owner in respect of the premises may apply to the Court to determine whether the increase in the rent, payable under the residential tenancy agreement in respect of the premises before the Commissioner determined the application, is unreasonable. (6)  An application may only be made under subsection (5) by a tenant or owner in respect of premises within the period of 60 days after the tenant or owner is notified that the Commissioner has determined an application made under subsection (1) in respect of the premises. (7)  If an application is made under subsection (5) in respect of premises – (a) any order made by the Commissioner under this section in relation to the premises is of no effect, unless the application is withdrawn; and (b) the Court is to determine the application as if – (i) the Commissioner had not determined an application made under subsection (1) in respect of the premises; and (ii) a reference in subsection (2) , (3) or (4) to the Commissioner were a reference to the Court. 15Section 31A insertedBefore section 32 of the Principal Act , the following section is inserted in Division 4: 31AReference in this Division to repair may include reference to replacement (1)  If an object that is an essential service and that is required to be repaired under this Division isunable to be repaired, the object is required under this Division to be replaced with an object that – (a) serves the same primary function as the object required to be replaced; and (b) serves that function to a reasonably similar degree or standard as the degree or standard of the object before it was required to be repaired – and, accordingly, a reference in this Division to repair is to be taken in such circumstances to be a reference to replacement. (2)  If an object that is an essential service and that is required to be repaired under this Division isable to be repaired, but it would be cheaper, easier or quicker to replace the object instead, the object may be replaced with an object that – (a) serves the same primary function as the object required to be replaced; and (b) serves that function to a reasonably similar degree or standard as the degree or standard of the object before it was required to be repaired – and, accordingly, a reference in this Division to repair is to be taken in such circumstances to include a reference to replacement. 16Section 32 amended (General repairs and maintenance) Section 32 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The owner" and substituting "Without limiting the application of Part 3B , the owner"; (b) by inserting the following paragraph after paragraph (a) in subsection (3) : (ab) if the repair is to a heating element of a cooking stove, within 14 days; or 17Section 33 amended (Urgent repairs) Section 33 of the Principal Act is amended by inserting after subsection (5) the following subsections: (6)  In this section, an essential service is to be taken to be functional – (a) where the service is a water service or a sewerage service, if at least the amount of water or sewage that would be supplied or removed, respectively, from the premises, if the service were fully functional, is capable of being safely so supplied or removed; and (b) where the service is an electricity service, if – (i) all power points, or wires between the walls of the premises or in the ceiling of the premises are safe and, except in relation to those power points or wires indicated in the condition report prepared at the beginning of the tenancy as not being functioning power points or functioning wires, supply electricity to the premises; and (ii) where the service consists of an electricity-generating device – the device safely produces and supplies electricity to at least the level that such a device of the same capacity ought reasonably be expected to produce and supply; and (c) where the service is a heating service, if the service safely provides heat to the level that it was reasonably capable of providing when it was manufactured; and (d) where the service is a cooking stove, if at least half of the heating elements of the stove, and the oven, function safely; and (e) where the service is a hot-water service, if the service safely provides at least the same amount of hot water, and water at the same temperature, as the service provided when it was manufactured; and (f) where the service is a service that is within the meaning of paragraph (c) of the definition of essential service in section 3 , if all water on the premises required to be removed or treated is able to be safely removed, or safely treated, within the period that such a service would be able to remove or treat the water if the service were fully functioning. (7)  An essential service ceases to function if the service is not, under subsection (6) , taken to be functional. 18Section 36A substituted Section 36A of the Principal Act is repealed and the following section is substituted: 36AOrder for repairs (1)  A tenant may apply to the Commissioner for an order that repairs under this Division that the owner is required under this Division to carry out, or to arrange for the carrying out of, are carried out. (2)  An application is to be accompanied by the prescribed fee. (3)  The Commissioner may, if he or she thinks fit, conduct a hearing in relation to an application for an order under this section. (4)  The Commissioner may order an owner to ensure that reasonable repairs in relation to premises (including repairs of essential services) are carried out, if satisfied that – (a) the owner is required under this Division to carry out, or to arrange for the carrying out of, the repairs; and (b) the repairs are reasonable; and (c) the repairs are not required because of any fault of the tenant. (5)  If the Commissioner has determined an application made under subsection (1) in respect of premises, the owner or a tenant in respect of the premises may apply to the Court for a determination as to whether the owner is required under this Division to carry out, or to arrange for the carrying out of, repairs under this Division. (6)  An application may only be made under subsection (5) by a tenant or owner within the period of 60 days after the tenant or owner is notified of the determination of the Commissioner in respect of the matter to which the application relates. (7)  If an application is made under subsection (5) in respect of premises – (a) any order made by the Commissioner under this section in relation to the premises is of no effect, unless the application is withdrawn; and (b) the Court is to determine the application as if the Commissioner had not made a determination under this section in relation to the matter to which the application relates and as if a reference in subsection (4) to the Commissioner were a reference to the Court. 19Part 3B insertedBefore Part 4 of the Principal Act , the following Part is inserted: PART 3BMinimum Standards for Premises 36IPremises to be weatherproof and structurally sound (1)  An owner must ensure that premises to which a residential tenancy agreement relates – (a) are weatherproof; and (b) are in a proper state of structural repair.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purpose of subsection (1) , premises are in a proper state of structural repair only if the roof, floors, ceilings, walls and stairs – (a) are in good repair; and (b) are not subject to significant dampness; and (c) are not liable to collapse because they are rotted or otherwise defective. 36JCleanliness and good repair (1)  An owner must not enter into a residential tenancy agreement in relation to premises unless the premises are clean.

Penalty:  Fine not exceeding 50 penalty units.

(2)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless the premises are in good repair.

Penalty:  Fine not exceeding 50 penalty units.

(3)  An owner of premises to which a residential tenancy agreement relates must, as soon as practicable after he or she becomes aware that the premises have ceased to be in good repair, take all reasonable steps to return the premises to good repair, except if the premises have ceased to be in good repair through the fault of a tenant.

Penalty:  Fine not exceeding 50 penalty units.

36KBathrooms and toilets to be provided (1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless – (a) there is, in or on the premises, a flushable toilet that is – (i) connected to a sewer, an on-site wastewater management system (including a septic system), or any other system, approved by the council for the municipal area in which the premises are situated, for treatment or disposal of waste; and (ii) contained in a room that is intended to be used solely for the purposes of toilet use or as a bathroom; and (b) the room that contains the toilet contains – (i) a vent or opening window; or (ii) a functioning device that enables the room to be mechanically ventilated.

Penalty:  Fine not exceeding 50 penalty units.

(2)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless – (a) there is situated on the premises a bathroom (which may contain a toilet) that is in a separate room; and (b) the bathroom is designed to permit a person to use it in private; and (c) the bathroom contains a bath or a shower (and may contain both); and (d) the bathroom contains a washbasin; and (e) any washbasin, bath or shower in the bathroom is connected to a water system enabling a continuous supply of a reasonable amount of hot and cold water to be provided to the washbasin, bath or shower.

Penalty:  Fine not exceeding 50 penalty units.

36LCooking facilities An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless there is situated in the premises an area, intended to be used for cooking, that includes – (a) a functioning kitchen sink that is connected to a water system enabling a continuous supply of hot and cold water to be provided to the sink; and (b) a stovetop with – (i) at least 2 functioning heating elements, if the premises has 2 or fewer bedrooms; or (ii) at least 4 functioning heating elements, if the premises has 3 or more bedrooms; and (c) a functioning oven, which may be a conventional oven, convection oven or microwave oven or a combination of any such ovens; and (d) any other object, for the purposes of use in a kitchen, that is prescribed.

Penalty:  Fine not exceeding 50 penalty units.

36MElectricity and heating (1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless the premises are connected to – (a) a mains electricity supply (whether or not an electricity provider is supplying electricity to the premises on the day the agreement is entered into, extended or renewed); or (b) a functioning device that is – (i) capable of producing and supplying to the premises a supply of electricity that is sufficient to provide for the electricity needs of the number of persons that the premises is designed to accommodate; and (ii) connected to the electrical wiring system in the premises.

Penalty:  Fine not exceeding 50 penalty units.

(2)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless – (a) all power points, or wires between the walls of the premises or in the ceiling of the premises are safe and, except for the power points or wires indicated in the condition report prepared at the beginning of the tenancy as not being functioning power points or functioning wires, supply electricity to the premises; and (b) every room used, or intended for use, by a tenant, other than a room that is intended only for storage or for use as a garage, has adequate natural or artificial lighting.

Penalty:  Fine not exceeding 50 penalty units.

(3)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless there is, in a room that may be used as the main living area in the premises, a heating device consisting of – (a) an electric heater, or a gas heater, that is a fixture; or (b) a heat pump; or (c) a wood heater (not being an open fire place); or (d) an open fire place, if there is in force in relation to the open fire place an approval under subsection (4) ; or (e) another heating device that is prescribed.

Penalty:  Fine not exceeding 50 penalty units.

(4)  The Commissioner, by notice to an owner of one or more premises, may approve, on the conditions specified in the notice, an open fire place for the purposes of subsection (3)(d) for use in such of the premises as are specified in the notice. (5)  The Commissioner, by notice in the Gazette, may approve, on the conditions specified in the notice, an open fire place for the purposes of subsection (3)(d) for use in the premises, or a class of premises, specified in the notice. (6)  A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 . 36NWindow covering for privacy (1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless curtains or blinds cover each window in any room, in the premises, that the owner knows is likely to be used as a bedroom or a living area.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply in relation to social housing. 36OVentilation (1)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises unless adequate ventilation is provided to each room in the premises in accordance with this section.

Penalty:  Fine not exceeding 50 penalty units.

(2)  For the purposes of subsection (1) , adequate ventilation is provided to a room if – (a) there are one or more openings, in the room, that open to an area of the premises that is not both covered by a ceiling and surrounded by walls (including any walls with doors or windows); and (b) the total area of all such openings constitutes not less than 5 per cent of the floor area of the room. (3)  For the purposes of subsection (1) , adequate ventilation is provided to a room (the first room) if – (a) one or more openings, in the room, open to an adjoining room; and (b) the first room or the adjoining room to which the openings open is not a sanitary compartment; and (c) the total area, of all the openings in the first room that open to an adjoining room, constitutes not less than 5 per cent of the floor area of the first room; and (d) there are one or more openings in the adjoining room (not being the same openings as the openings in the first room); and (e) the total area, of all the openings in the adjoining room (not being the same openings as the openings in the first room), constitutes not less than 5 per cent of the floor area of the adjoining room. (4)  For the purposes of subsection (1) , adequate ventilation is provided to a room that is a sanitary compartment, bathroom or laundry if the room is ventilated by a functioning mechanism (including but not limited to an exhaust fan) that – (a) takes air from the room directly to an area of the premises that is not both covered by a ceiling and surrounded by walls (including any walls with doors or windows); or (b) takes air from the room directly to a roof space that – (i) is adequately ventilated by open eaves or roof vents, or both; or (ii) is covered by roof tiles to which sarking, or another material that would prevent air escaping between gaps in the tiles, has not been applied. (5)  An owner must not enter into, extend, or renew, a residential tenancy agreement in relation to premises that contain a window that provides adequate ventilation for the purposes of subsection (1) , unless the window is able to be securely fastened into a position that creates a gap, between an edge of the window and an edge of the window frame, that – (a) is not less than 15 cms wide; and (b) does not enable a person to enter the room in which the window is situated.

Penalty:  Fine not exceeding 50 penalty units.

(6)  In this section – opening means – (a) an open space in a door, wall or ceiling; or (b) a space that is created, or may be created, by the opening of a window or a door or other structure in a door, wall or ceiling; sanitary compartment means a room designed to contain a toilet and not designed to contain a bath or shower. 36PExemption from requirements of provision of this Part (1)  The Commissioner, by notice to an owner of premises, may specify that, for the period specified in the notice, the premises are exempted from the application of a provision of this Part that is specified in the notice. (2)  The Commissioner, by notice in the Gazette, may specify that, for the period specified in the notice, premises, or a class of premises, specified in the notice are exempted from the application of a provision of this Part that is specified in the notice. (3)  If premises are specified, or are within a class of premises specified, in a notice under subsection (1) or (2) , to be exempted from the application of a provision of this Part, the provision does not apply in relation to the premises for the period specified in the notice. (4)  A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 . 20Section 37 amended (Termination of agreement) Section 37(1) of the Principal Act is amended by inserting after paragraph (da) the following paragraphs: (db) the making of a closure order in relation to the premises under section 87 of the Public Health Act 1997 ; or (dc) the death of the tenant, if there is no other surviving tenant in relation to the premises; or 21Section 39 amended (Effect of notice of termination) Section 39 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A notice" and substituting "Subject to subsections (3) and (4) , a notice"; (b) by inserting the following paragraph after paragraph (a) in subsection (1) : (ab) in the case of a residential tenancy agreement for a fixed period, at least 21 days after the notice is served but not before the date of the expiry of the agreement; or (c) by inserting the following subsections after subsection (2) : (3)  If – (a) a residential tenancy agreement in respect of premises is not for a fixed period; and (b) the premises are not boarding premises; and (c) a date, specified in a notice of termination in respect of the agreement, is a date that is not 14 days or more after the notice is served on the owner – the notice of termination is not invalid but only takes effect on the day after the end of 14 days after the day on which the notice is served. (4)  If – (a) a residential tenancy agreement in respect of premises is for a fixed period; and (b) the premises are not boarding premises; and (c) a date, specified in a notice of termination in respect of the premises, is a date that is – (i) not 21 days or more after the notice is served on the owner; and (ii) not before the date on which the agreement expires – the notice of termination is not invalid but only takes effect on the day after the end of 21 days after the day on which the notice is served. 22Section 42 amended (Notice to vacate by owner) Section 42 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", including but not limited to social housing," after "of residential premises"; (b) by omitting paragraphs (b) and (c) from subsection (1) and substituting the following paragraph: (b) where the residential tenancy agreement is not for a fixed period, that – (i) the premises are to be sold or transferred to another person; or (ii) the premises are to be used for a purpose other than as residential premises for rental; or (iii) significant renovations are to be performed in respect of the premises; or (iv) the premises are to be used as a residence by a member of the family of the owner; (c) by omitting from subsection (1)(d) "28 days" and substituting "60 days"; (d) by inserting the following paragraphs after paragraph (d) in subsection (1) : (da) that, where the residential tenancy agreement relates to social housing – (i) the income, from the prescribed sources, of the tenant (or, if the tenant is a member of a household, of all members of the household), for a continuous 12-month period, beginning not more than 18 months before the notice is given, is more than the prescribed amount; or (ii) the value, in the 30 days before the notice is given, of the assets of the prescribed type, of the tenant (or, if the tenant is a member of a household, of all members of the household), is more than the prescribed amount, after there is deducted from the prescribed amount the total amount of all debts and liabilities of the tenant (or, if the tenant is a member of the household, of all the members of the household); (db) that, where the residential tenancy agreement relates to social housing – (i) the premises contain 4 or more bedrooms, the tenants do not reasonably require all of the bedrooms in the premises and alternative premises have been offered to the tenant by the owner; or (ii) the premises have a special facility, or modification, suitable for a person with a disability or special requirements, the tenant does not require such a facility or modification and alternative premises have been offered to the tenant by the owner; (dc) that, where the residential tenancy agreement relates to social housing, the tenant has, without the approval of the social housing provider, for a continuous period of more than 8 weeks not occupied the premises; (e) by inserting the following subsections after subsection (1) : (1A)  For the purposes of subsection (1)(b) , significant renovations are to be performed in respect of premises if – (a) the premises would be unfit for occupation while the renovations are taking place; or (b) were the premises to remain occupied by a tenant during the renovations, there would be a risk to the health or safety of any tenant, any visitors or any person carrying out the renovations. (1B)  The regulations may prescribe for the purposes of subsection (1)(db)(i) the circumstances in which tenants do not reasonably require all of the bedrooms in premises. (f) by inserting the following subsections after subsection (3) : (4)  In subsection (1)(b)(iv) and subsection (5) , a reference to an owner in relation to a member of the family of the owner does not include a reference to a person who is an owner by virtue of paragraph (c) of the definition of owner in section 3(1) . (5)  In this section – member of the family of an owner means – (a) the owner’s domestic partner, son, daughter or parent; or (b) a parent of the owner’s domestic partner; or (c) another person who normally lives with the owner and is wholly or substantially dependent on the owner. (6)  In this section, a tenant is a member of a household if the person is one of 2 or more persons, whether or not the person is related to any of the other persons, who – (a) occupy the same residential premises; and (b) contribute money for the purchase of food to be consumed at the premises or for the payment of amounts (apart from rent) owed for the provision of goods or services to the premises. 23Section 43 amended (Effect of notice to vacate) Section 43 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "A notice" and substituting "Subject to this section, a notice"; (b) by omitting from subsection (1)(a) " section 42(1)(a) , (b) or (g) " and substituting " section 42(1)(a) , (dc) or (g) "; (c) by omitting paragraph (b) from subsection (1) and substituting the following paragraphs: (b) at least 28 days after the notice is served, if the notice is for the reason referred to in section 42(1)(db) ; or (ba) at least 42 days after the notice is served, if the notice is for the reason referred to in section 42(1)(b) ; or (d) by omitting from subsection (1)(c) "14 days" and substituting "42 days"; (e) by omitting from subsection (1)(c) "agreement." and substituting "agreement; or"; (f) by inserting the following paragraphs after paragraph (c) in subsection (1) : (d) at least 60 days after the notice is served, if the notice is for the reason referred to in section 42(1)(e) or (f) ; or (e) at least 90 days after the notice is served, if the notice is for the reason referred to in section 42(1)(da) . (g) by inserting the following subsections after subsection (3) : (3A)  A notice to vacate on the ground that the premises are to be sold or transferred is of no effect unless there is served with the notice proof of an agreement to sell the premises or to transfer the premises to another person. (3B)  If a notice to vacate for a reason specified in a paragraph in subsection (1) (other than subsection (1)(d) ) specifies a date on which the notice is to take effect that is a date that occurs before the last day of the period of days specified in the paragraph, the notice to vacate is not invalid but only takes effect on the day after the last day of the period. (3C)  If a notice to vacate for a reason specified in subsection (1)(d) specifies a date on which the notice is to take effect that is a date – (a) before the end of the period of 42 days after the notice is served; and (b) not before the date of expiry of the residential tenancy agreement in respect of the premises – the notice to vacate is not invalid but only takes effect on the day after the end of the period of 42 days after the notice is served. 24Section 45 amended (Order for vacant possession) Section 45 of the Principal Act is amended as follows: (a) by inserting the following paragraph after paragraph (c) in subsection (3) : (ca) where the premises are social housing and the reason for serving the notice is a reason referred to in section 42(1)(da) , (db) or (dc) , vacating the premises would not result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant; and (b) by inserting the following subsections after subsection (3) : (3A)  The Commissioner may issue guidelines setting out the circumstances in which vacating premises is to be taken to result in unreasonable financial disadvantage, or unreasonable social disadvantage, to a tenant. (3B)  Guidelines, if any, issued under subsection (3A) may be taken into account in considering whether, for the purposes of this section, vacating premises would result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant. (c) by inserting in subsection (5)(a) "(even if the statement of the date on which the notice takes effect is incorrect because of the operation of section 43(3B) or (3C) )" after " section 44 ". 25Section 49B insertedAfter section 49A of the Principal Act , the following section is inserted in Part 5: 49BTenancy ceases on death of tenant Despite any other law to the contrary, on the death of a tenant, the tenancy does not vest in the heirs or successors of the tenant. 26Section 55A insertedAfter section 55 of the Principal Act , the following section is inserted in Part 5: 55ACertain photographs not to be displayed by owner An owner of residential premises must not, without the written consent of a tenant, display to the public a photograph of the premises that displays any object in the premises that may identify the tenant or another person or that belongs to the tenant.

Penalty:  Fine not exceeding 50 penalty units.

27Section 57 amended (Locks and security devices) Section 57 of the Principal Act is amended as follows: (a) by inserting in subsection (1) ", other than boarding premises," after "residential premises"; (b) by inserting the following penalty after paragraph (b) in subsection (1) :

Penalty:  Fine not exceeding 50 penalty units.

(c) by omitting subsection (1A) and substituting the following subsection: (1A)  The owner of boarding premises must ensure that during the period of the residential tenancy agreement – (a) the room, occupied as a principal place of residence, to which all or part of the agreement relates is fitted with a lock and any other device that is necessary to secure the room; and (b) the bathroom and toilet facilities in the boarding premises are fitted with a device enabling an occupant of the facility to exclude other persons while using the facility or a part of the facility intended for use by one person at a time; and (c) any entrance to the premises in which the boarding premises are situated is fitted with a lock and any other device that is necessary to secure the boarding premises; and (d) the locks and other devices necessary to secure the boarding premises are maintained during the period of the residential tenancy agreement.

Penalty:  Fine not exceeding 50 penalty units.

(d) by inserting the following penalty after paragraph (b) in subsection (2) :

Penalty:  Fine not exceeding 50 penalty units.

(e) by inserting the following subsections after subsection (2) : (2A)  Subsection (2) does not apply to a person in relation to the addition, alteration or removal of a lock in circumstances to which subsection (2B) applies. (2B)  A tenant may, without the authority of an order of the Court or the consent of the owner of the residential premises, add, alter or remove any lock or other security device if – (a) an FVO, within the meaning of the Family Violence Act 2004 (a family violence order), is in force under that Act; and (b) the order was made for the purpose of protecting the tenant. (f) by inserting the following penalty after subsection (5) :

Penalty:  Fine not exceeding 50 penalty units.

28Section 62 amended (Notification of name and address) Section 62 of the Principal Act is amended as follows: (a) by inserting the following penalty after paragraph (b) in subsection (1) :

Penalty:  Fine not exceeding 50 penalty units.

(b) by inserting the following penalty after paragraph (b) in subsection (2) :

Penalty:  Fine not exceeding 50 penalty units.

(c) by inserting the following penalty after subsection (3) :

Penalty:  Fine not exceeding 50 penalty units.

(d) by inserting the following penalty after subsection (4) :

Penalty:  Fine not exceeding 50 penalty units.

29Sections 68B and 68C insertedAfter section 68A of the Principal Act , the following sections are inserted in Part 5: 68BGeneral transitional, &c., provisions consequent on Residential Tenancy Amendment Act 2013 (1)  An amendment to this Act made by the amending Act applies in relation to all premises, and all residential tenancy agreements, except as otherwise provided for in this section or section 68C . (2)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendments to section 11 made by the amending Act commence, those amendments – (a) do not apply in relation to the agreement until 12 months after the amendments commence; and (b) despite paragraph (a) , do not apply in relation to an expiry of the agreement that occurs before 14 months after the amendments commence. (3)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendment to section 12 made by the amending Act commences, the amendment – (a) does not apply in relation to the residential tenancy agreement until 12 months after the amendment commences; and (b) despite paragraph (a) , does not apply in relation to an expiry of the agreement that occurs before 14 months after the amendment commences. (4)  Section 16B does not apply to an advertisement by or on behalf of an owner that is lodged for publication with another person before the section commences. (5)  Section 17(3A) does not apply in relation to a residential tenancy agreement entered into, or extended or renewed, before that section commences, until 12 months after the section commences. (6)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendments to sections 20 and 23 made by the amending Act commence, those amendments do not apply in relation to the agreement until 12 months after the amendments commence. (7)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendments to section 39 made by the amending Act commence, those amendments – (a) do not apply in relation to the agreement until 12 months after the amendments commence; and (b) do not apply in relation to the expiry of the agreement if the expiry occurs within 14 months after the amendments commence. (8)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendments to sections 42 , 43 and 45 made by the amending Act commence, the amendments – (a) do not apply in relation to the agreement until 12 months after the amendments commence; and (b) do not apply in relation to a notice to vacate issued before 12 months after the amendments commence. (9)  Section 49B does not apply in relation to the death of a tenant before that section commences. (10)  If a residential tenancy agreement is entered into, or extended or renewed, before the amendments to section 57 made by the amending Act commence, those amendments (other than the amendment that inserts section 57(2A) and (2B) ) do not apply in relation to the premises to which the agreement relates until 12 months after the amendments commence. (11)  In this section – amending Act means the Residential Tenancy Amendment Act 2013. 68CTransitional, &c., provisions relating to new standards contained in Residential Tenancy Amendment Act 2013 (1)  If a residential tenancy agreement in relation to premises is entered into, or extended or renewed, before section 36I commences, that section does not apply in relation to the premises, for so long as the agreement remains in effect, until 3 years after the section commences. (2)  If a residential tenancy agreement in relation to premises is entered into, or extended or renewed, after section 36I commences but before 12 months after that section commences, that section does not apply in relation to the premises, for so long as the agreement remains in effect, until 12 months after the section commences. (3)  Section 36J(1) does not apply in relation to a residential tenancy agreement if the agreement is entered into within 30 days after that provision commences. (4)  If a residential tenancy agreement is entered into, or extended or renewed, before, or within 12 months after, section 36J(2) commences, section 36J(2) does not apply in relation to that entering into, extension or renewal. (5)  If a residential tenancy agreement in relation to premises is entered into, or extended or renewed, before section 36J(3) commences, section 36J(3) does not apply in relation to the premises until 3 years after the section commences. (6)  If a residential tenancy agreement in relation to premises is entered into, or extended or renewed, after section 36J(3) commences but before 12 months after that provision commences, that provisiondoes not apply in relation to the premises until 12 months after the provision commences. (7)  If a residential tenancy agreement is entered into, or extended or renewed, before section 36K , 36L , 36M , 36N or 36O commences, that section only applies in relation to a renewal or extension of the tenancy agreement that occurs after 3 years after the section commences. (8)  If a residential tenancy agreement is entered into, or extended or renewed, within 12 months after section 36K , 36L , 36M , 36N or 36O commences, that section – (a) does not apply to the entry into, or the extension or renewal of, the agreement; and (b) only applies in relation to a renewal or extension of the agreement that occurs after 3 years after the section commences. PART 3Land Titles Act 1980 Amended30Principal ActIn this Part, the Land Titles Act 1980 is referred to as the Principal Act. 31Section 146 amended (Mortgagee, encumbrancee or lessor may obtain possession in certain cases) Section 146(6A) of the Principal Act is amended by omitting “28 days’ written notice” and substituting “60 days’ written notice”. PART 4Concluding Provision32Repeal of ActThis Act is repealed on the three hundredth and sixty fifth day from the day on which all of the provisions of this Act commence.

[Second reading presentation speech made in:

House of Assembly on 9 APRIL 2013

Legislative Council on 18 SEPTEMBER 2013]