Residential Tenancy Amendment Act 2015 (TAS)

The matter before the court involved the interpretation and application of the Residential Tenancy Amendment Act 2015 (TAS), which amends the Residential Tenancy Act 1997. The specific issue in question concerned the rights of a tenant under a family violence order or a personal family violence order, as defined in the Family Violence Act 2004, to add, alter or remove locks or security devices on residential premises. The tenant argued that the new provisions of the 2015 Act should be applied retroactively to allow for the alteration of locks and security devices. The landlord, on the other hand, contended that the amendments should not apply to situations that predate the commencement of the 2015 Act. The court was tasked with determining whether the new provisions of the 2015 Act could be applied retroactively to protect the tenant's rights under a family violence order.

The court considered the language of the 2015 Act and the intent behind the amendments. It noted that the Act explicitly provides for the alteration or removal of locks and security devices by a tenant under a family violence order without the need for court approval or the landlord's consent. The court held that the clear intention of the legislature was to provide immediate protection to tenants in such situations. The court further reasoned that to deny retroactive application would undermine the purpose of the amendments, which was to ensure the safety and security of tenants under family violence orders. The court concluded that the new provisions should be applied retroactively to provide the intended protection to tenants who were subject to family violence orders prior to the enactment of the 2015 Act.

In light of the above, the court ruled in favour of the tenant. The court found that the amendments to the Residential Tenancy Amendment Act 2015 (TAS) could indeed be applied retroactively to allow a tenant under a family violence order to add, alter, or remove locks and security devices on the premises. This decision ensures that tenants under such orders are provided with the immediate protection intended by the legislature, regardless of when the order was issued. The court's decision reinforces the importance of providing safety and security to tenants affected by family violence.