{"id":"residential-tenancies-act-1999","name":"Residential Tenancies Act 1999","slug":"residential-tenancies-act-1999","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30563,"registerId":"nt-residential-tenancies-act-1999-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Residential Tenancies Act 1999.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objectives","content":"3 Objectives\nThe objectives of this Act are:\n(a) to fairly balance the rights and duties of tenants and landlords;\nand\n(b) to improve the understanding of landlords, tenants and agents\nof their rights and obligations in relation to residential\ntenancies; and\n(c) to ensure that landlords and tenants are provided with suitable\nmechanisms for enforcing their rights under tenancy\nagreements and this Act; and\n(d) to ensure that tenants are provided with safe and habitable\npremises under tenancy agreements and enjoy appropriate\nsecurity of tenure; and\n(e) to facilitate landlords receiving a fair rent in return for providing\nsafe and habitable accommodation to tenants.\n\nResidential Tenancies Act 1999 2\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nacceptable behaviour agreement has the same meaning as in the\nHousing Act 1982.\nancillary property, in relation to premises to which a tenancy\nagreement relates or is to relate, means:\n(a) ancillary real property, including a garden, not forming part of\nthe premises;\n(b) fixtures; and\n(c) chattels, including but not limited to furniture, other household\neffects and a garden watering system,\nprovided, or to be provided, by the landlord, either under the\ntenancy agreement or independently of the agreement for use by\nthe tenant, but does not include common property within the\nmeaning of the Unit Titles Act 1975 or Unit Title Schemes Act 2009.\nbond means a provision of a tenancy agreement or an agreement\ncollateral to a tenancy agreement under which a tenant is required\nto give a security deposit for the performance of obligations under\nthe tenancy agreement.\nbusiness day means a day other than a Saturday or Sunday or a\npublic holiday.\nCEO (Housing) means the Chief Executive Officer (Housing)\nestablished by section 6 of the Housing Act 1982.\nCommissioner means the Commissioner of Tenancies within the\nmeaning of section 13.\ncondition report has the meaning in section 24A(1).\ncontinuation, in relation to a tenancy to which a tenancy\nagreement relates, includes an extension or renewal of the tenancy\n(however described) and whether the continuation is a fixed term\ntenancy or periodic tenancy.\ndatabase, for Part 14, see section 123.\ndatabase operator, for Part 14, see section 123.\ndomestic violence, see section 5 of the Domestic and Family\nViolence Act 2007.\n\nResidential Tenancies Act 1999 3\nexperienced domestic violence, see section 4A.\nfixed term tenancy means a tenancy for a fixed period specified in\nthe tenancy agreement.\nkey includes any device or information that enables the operation of\na lock or security device.\nlandlord means:\n(a) the person who grants the right of occupancy under a tenancy\n(b) a successor in title to the tenanted premises whose title is\nsubject to the tenant's interest,\nand includes:\n(c) a prospective landlord or a former landlord; and\n(d) an agent of the landlord, prospective landlord or former\nlist, for Part 14, see section 123.\nnotice of intention to terminate means a notice given in\nperiodic tenancy means a tenancy that is not a fixed term tenancy.\npremises means residential premises or part of residential\npremises to which a tenancy agreement relates or is to relate, but\ndoes not include premises leased principally for business purposes\nwhether or not the premises may be used for residence under the\nlease.\nrent means an amount payable under a tenancy agreement for the\noccupancy of premises for a period of the tenancy.\nrent rebate means an amount waived or remitted, in accordance\nwith a scheme established under an Act of the Territory or the\nCommonwealth, from rent payable for residential premises.\nresidential premises means premises intended for occupation as\na place of residence and includes a caravan intended for\noccupation as a place of residence and a houseboat intended for\noccupation as a place of residence.\nsecurity deposit means an amount of money a tenant has paid, or\nis required to pay, under a bond.\n\nResidential Tenancies Act 1999 4\nsocial housing lease means a tenancy agreement that is a social\nhousing lease as defined in section 5AA of the Housing Act 1982.\nsocial housing provider means a landlord under a social housing\nlease.\nsocial housing tenancy means the right to occupy premises under\na social housing lease.\ntenancy means the right to occupy premises under a tenancy\ntenancy agreement means an agreement under which a person\ngrants to another person for valuable consideration a right (which\nmay be, but need not be, an exclusive right) to occupy premises for\nthe purpose of residency.\ntenancy database, for Part 14, see section 123.\ntenancy dispute means a dispute between parties, or former\nparties, to:\n(a) a tenancy agreement; or\n(b) an agreement collateral to a tenancy agreement,\nbeing a dispute about the tenancy to which the agreement relates.\nTenancy Trust Account means the Trust Account established\nunder section 16.\ntenancy under the Housing Act 1982 or tenancy or proposed\ntenancy under the Housing Act 1982 means:\n(a) a social housing tenancy; or\n(b) any other tenancy granted under the Housing Act 1982:\n(i) in relation to premises that are owned or leased by the\nCEO (Housing) or the Territory; or\n(ii) under which the CEO (Housing) or the Territory is the\ntenant means the person who:\n(a) is granted a right of occupancy of residential premises under a\ntenancy agreement;\n(b) has a right of occupancy of residential premises because of an\nassignment from a former tenant or a subtenancy; or\n\nResidential Tenancies Act 1999 5\n(c) has a right of occupancy of residential premises, otherwise\nthan as a landlord, because of the operation of this Act,\nand includes:\n(d) a prospective tenant or a former tenant; and\n(e) a person acting on behalf of the tenant, prospective tenant or\nformer tenant.\nTribunal means the Civil and Administrative Tribunal.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Establishing experience of domestic violence","content":"4A Establishing experience of domestic violence\n(1) For the purposes of this Act, a tenant may establish that they or\nanother occupant of a premises has experienced domestic violence\nby providing the landlord or the Tribunal with a copy of any of the\nfollowing documentation:\n(a) a court DVO as defined in section 4 of the Domestic and\nFamily Violence Act 2007;\n(b) an injunction under section 68B(1)(a) or (b) or 114(1)(a) of the\nFamily Law Act 1975 (Cth);\n(c) a certificate in the approved form provided by a person with an\noccupation prescribed by regulation.\n(2) Documentation provided under subsection (1) conclusively\nestablishes that the tenant or other occupant has experienced\ndomestic violence.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind Crown","content":"5 Act to bind Crown\n(1) This Act binds the Crown in right of the Territory and, in so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) Nothing in this Act renders the Crown liable to be prosecuted for an\n\nResidential Tenancies Act 1999 6\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Agreements to which this Act does not apply","content":"6 Agreements to which this Act does not apply\n(1) This Act does not apply to an agreement:\n(a) under which a person occupies, or it is intended a person will\noccupy, premises provided for the purposes of holiday\naccommodation;\n(b) under which no rent is payable in return for the granting of a\nright to occupy premises for the purpose of residence;\n(c) under which no rent is payable and services are provided in\nreturn for the granting of a right to occupy premises for the\npurpose of residence;\n(d) for sale of premises granting to a party to the agreement a\nright to occupy the premises;\n(e) arising under a scheme in which:\n(i) a complex of adjacent premises is owned by a company;\nand\n(ii) the premises are let by the company to persons who\njointly have a controlling interest in the company;\n(f) in respect of premises provided for the use of homeless,\nunemployed or disadvantaged persons for charitable purposes\nor for the purposes of providing emergency shelter or\naccommodation;\n(g) made between family members or friends under which a\nnominal rent is charged if the parties do not intend to create a\ntenancy agreement to which this Act applies; or\n(h) under which a person occupies or is intended to occupy a\ncaravan, immovable dwelling or mobile home, that is in a\ncaravan park.\n(2) In this section:\ncaravan, see section 4 of the Caravan Parks Act 2012.\ncaravan park, see section 4 of the Caravan Parks Act 2012.\nmobile home, see section 4 of the Caravan Parks Act 2012.\n\nResidential Tenancies Act 1999 7\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Exemptions","content":"7 Exemptions\n(1) The Minister may, by notice in the Gazette:\n(a) exempt tenancy agreements of a specified class from all or\nany of the provisions of this Act or the Regulations; or\n(b) modify specified provisions of this Act or the Regulations in\ntheir application to a specified class of tenancy agreements or\na specified class of premises.\n(2) A provision of this Act or the Regulations specified in an exemption\nor modification under subsection (1) does not apply, or applies as\nso modified, in relation to a tenancy agreement or premises within\nthe class specified in the exemption or modification.\n(3) Before making an exemption or modifying a provision under\nsubsection (1), the Minister must arrange for consultation with, and\ninvite submissions from, persons and organisations who or that in\nthe opinion of the Minister have an interest in the proposal being\nconsidered by the Minister.\n(4) Before making an exemption or modifying a provision under\nsubsection (1), the Minister must give notice in a newspaper\ncirculating in the Territory:\n(a) that a proposal for an exemption or modification is being\nconsidered by the Minister; and\n(b) inviting members of the public to make written submissions\nwithin the period of not less than 21 days specified in the\nnotice.\n(5) Sections 18A, 18B, 31, 32, 37, 39(1) and (2), 42 and 112(5)(b) or\n(c) and Part 10 of this Act do not apply in relation to a tenancy or\nproposed tenancy under the Housing Act 1982.\n(6) Subsection (5) does not prevent a tenancy or proposed tenancy\nunder the Housing Act 1982 being the subject of an exemption or\nmodification under subsection (1).\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Persons 16 years of age may enter into tenancy agreements","content":"8 Persons 16 years of age may enter into tenancy agreements\nDespite any other law in force in the Territory:\n(a) a person who has attained the age of 16 years may enter into\na tenancy agreement as a tenant and may enforce the\nagreement in accordance with this Act; and\n\nResidential Tenancies Act 1999 8\n(b) a tenancy agreement may be enforced in accordance with this\nAct against a person who has attained the age of 16 years but\nhas not attained the age of 18 years unless, in the opinion of\nthe Tribunal, the agreement is harsh or unconscionable.\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Vicarious liability of landlord for agent and agent's employees","content":"9 Vicarious liability of landlord for agent and agent's employees\n(1) For the purposes of this Act, including a prosecution for an offence\nagainst this Act:\n(a) conduct engaged in on behalf of a landlord by an employee or\nagent of the landlord within the scope of the employee or\nagent's actual or apparent authority is to be taken to have\nbeen engaged in also by the landlord; and\n(b) conduct engaged in on behalf of a landlord's agent by an\nemployee or agent of the landlord's agent is, if the conduct\nwas within the scope of the employee or agent's actual or\napparent authority, to be taken to have been engaged in also\nby the landlord's agent and the landlord.\n(2) A landlord may be prosecuted for and found guilty of an offence by\nvirtue of subsection (1)(a) whether or not the employee or agent\nhas been prosecuted or found guilty of the offence.\n(3) A landlord or a landlord's agent may be prosecuted for and found\nguilty of an offence by virtue of subsection (1)(b) whether or not the\nemployee or agent has been prosecuted or found guilty of the\n(4) It is a defence to a prosecution for an offence committed by virtue\nof subsection (1) if the landlord or landlord's agent establishes that:\n(a) the act or omission that constituted the offence took place\nwithout the landlord's or the landlord's agent's authority,\npermission or consent; or\n(b) the landlord or the landlord's agent did not know, and ought\nnot reasonably be expected to have known, the offence was to\nbe or was being committed and took all reasonable steps to\nprevent or stop the commission of the offence or a similar\noffence; or\n(c) the landlord or the landlord's agent could not by the exercise\nof reasonable diligence have prevented the commission of the\noffence by the person who committed the offence.\n\nResidential Tenancies Act 1999 9\n(5) For the purposes of this section, a reference to engaging in conduct\nis to be read as including a reference to failing or refusing to\nengage in conduct.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Body corporate, partner's liability for actions of employee etc.","content":"10 Body corporate, partner's liability for actions of employee etc.\n(1) If in proceedings for an offence against this Act it is necessary to\nestablish the state of mind of a body corporate in relation to\nparticular conduct, it is sufficient to show:\n(a) that the conduct was engaged in by a director, employee or\nagent of the body corporate within the scope of his or her\nactual or apparent authority; and\n(b) that the director, employee or agent had the relevant state of\nmind.\n(2) For the purposes of a prosecution for an offence against this Act,\nconduct engaged in on behalf of a body corporate by a director,\nemployee or agent of the body corporate within the scope of his or\nher actual or apparent authority is to be taken to have been\nengaged in also by the body corporate.\n(3) If a partner commits an offence against this Act, every other partner\nin the partnership is to be taken to have committed the same\n(4) If a person commits an offence against this Act while engaging in\nconduct on behalf of an unincorporated association, each member\nof the committee of management of the association is to be taken to\nhave committed the same offence.\n(5) It is a defence to a prosecution for an offence committed by virtue\nof subsection (1), (2), (3) or (4) if the defendant establishes that:\n(a) the person who committed the offence would have been able\nto establish a defence available to the person; or\n(b) the act or omission that constituted the offence took place\nwithout the defendant's authority, permission or consent; or\n(c) the defendant did not know, and ought not reasonably be\nexpected to have known, the offence was to be or was being\ncommitted and took all reasonable steps to prevent or stop the\ncommission of the offence or a similar offence; or\n(d) the defendant could not by the exercise of reasonable\ndiligence have prevented the commission of the offence by the\nperson who committed the offence.\n\nResidential Tenancies Act 1999 10\n(6) A person may be prosecuted for and found guilty of an offence by\nvirtue of subsection (1), (2), (3) or (4) whether or not the person\nwhose offence he or she is to be taken to have committed by virtue\nof that subsection has been proceeded against or found guilty of an\noffence against the provision.\n(7) For the purposes of this section, a reference to engaging in conduct\nis to be read as including a reference to failing or refusing to\nengage in conduct.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Vicarious liability of tenant","content":"12 Vicarious liability of tenant\n(1) Subsections (2) and (3) have effect as terms of a tenancy\n(2) A tenant is responsible under a tenancy agreement for an act or\nomission of a person, other than a co-tenant, who:\n(a) is on the tenant's premises with the consent of the tenant; and\n(b) performs or omits to perform any act that, if it had been an act\nor omission of the tenant, would have been a breach of the\n(3) A tenant is not responsible for a breach of a tenancy agreement\nunder subsection (2) if:\n(a) the person who performs or omits to perform the act is in a\ndomestic relationship as defined in section 9 of the Domestic\nand Family Violence Act 2007 with the tenant; and\n(b) the act is an act of domestic violence; and\n(c) it is reasonable in all the circumstances for the tenant not to\nbe taken to be responsible under the agreement for the act or\nomission because the tenant or another occupant of the\npremises has experienced domestic violence.\n(4) If, in accordance with subsection (3), a tenant is not responsible for\nan act or omission under subsection (2), the landlord may bring a\nclaim against the perpetrator of the domestic violence for any act or\nomission performed on the premises by the perpetrator that, but for\nsubsection (3), would have been a breach of the tenancy\nagreement for which the tenant is responsible.\n(5) A claim under subsection (4) may be brought:\n(a) in the case of a small claim – under the Small Claims\nAct 2016; or\n\nResidential Tenancies Act 1999 11\n(b) otherwise – in the Local Court.\n(6) Nothing in this section makes a tenant criminally responsible for an\nact or omission of another person.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Commissioner of Tenancies","content":"13 Commissioner of Tenancies\n(1) The Commissioner of Consumer Affairs as defined in the Consumer\nAffairs and Fair Trading Act 1992 is the Commissioner of\nTenancies, except during the period of an appointment under\nsubsection (2).\n(2) The Minister may, by notice in the Gazette, appoint a person to be\nthe Commissioner of Tenancies for the period of not more than\n3 years specified in the notice.\n(3) The Commissioner has the following functions:\n(a) investigating and researching matters affecting the interests of\nparties to tenancy agreements;\n(b) publishing reports and information to parties to tenancy\nagreements;\n(c) providing information to the public about this Act and\nresidential tenancies;\n(d) investigating suspected infringements of this Act or the\nRegulations and taking appropriate action to ensure the\nenforcement of this Act and the Regulations;\n(e) reporting to the Minister on questions referred to the\nCommissioner by the Minister and other questions of\nimportance affecting the administration of this Act;\n(f) producing model tenancy agreements for viewing or sale;\n(g) other functions conferred on him or her under this or any other\nAct.\n(4) The Commissioner has the powers necessary to enable him or her\nto carry out his or her functions or exercise his or her powers under\nthis or any other Act.\n\nResidential Tenancies Act 1999 12\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Delegation by Commissioner","content":"14 Delegation by Commissioner\n(1) The Commissioner may, in writing, delegate to a specified person\nor a person from time to time holding, acting in or performing the\nduties of a specified office, designation or position any of his or her\npowers and functions under this Act, other than this power of\ndelegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is to be taken to have been exercised\nor performed by the Commissioner.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Commissioner.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Annual report","content":"15 Annual report\n(1) The Commissioner must, on or before 31 October in each year,\nprepare and forward to the Minister a report on the administration of\nthis Act for the year ending on the previous 30 June.\n(2) The Minister must, within 6 sitting days of the Legislative Assembly\nafter receiving a report under subsection (1), lay a copy of the\nreport before the Assembly.\n(3) A report under subsection (1) may be included in a report prepared\nby the Commissioner under the Consumer Affairs and Fair Trading\nAct 1992.\n(4) If a report under subsection (1) is included in a report prepared by\nthe Commissioner under the Consumer Affairs and Fair Trading\nAct 1992, subsection (2) does not apply to the report.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Tenancy Trust Account","content":"16 Tenancy Trust Account\n(1) The Minister primarily responsible for the administration of the\nAgents Licensing Act 1979 may determine that part of the Fund\nestablished under that Act, or a proportion of the contributions into\nthat Fund, is to be paid into the Tenancy Trust Account for the\npurposes of:\n(a) meeting the costs of administering and enforcing this Act,\nincluding the operating costs of the Commissioner; or\n(b) educating landlords, landlord's agents and tenants about their\nstatutory and contractual rights and obligations; or\n(c) providing tenants with advisory and legal services (including\nadvocacy).\n\nResidential Tenancies Act 1999 13\n(2) The Minister referred to in subsection (1) may only make a\ndetermination under that subsection after consulting:\n(a) organisations that in the opinion of the Minister represent the\ninterests of landlords; and\n(b) organisations that in the opinion of the Minister represent the\ninterests of tenants; and\n(c) the Agents Licensing Fidelity Guarantee Fund.\n(3) The Accountable Officer within the meaning of the Financial\nManagement Act 1995 of the Agency allotted the administration of\nthis Act under an Administrative Arrangements Order must:\n(a) maintain within his or her Agency Operating Account a fund to\nbe known as the Tenancy Trust Account; and\n(b) pay an amount into the Tenancy Trust Account in accordance\nwith a determination under subsection (1).\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Immunity from liability","content":"17 Immunity from liability\nThe Commissioner, a delegate of the Commissioner or a person\nauthorised by the Commissioner is not liable for an act or omission\ndone in good faith in the exercise or purported exercise of a power\nor the performance of a function under this Act.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Commissioner is enforcement agency","content":"18 Commissioner is enforcement agency\nThe Commissioner is an enforcement agency for the purposes of\nthe Fines and Penalties (Recovery) Act 2001.\n","sortOrder":17},{"sectionNumber":"18A","sectionType":"section","heading":"Applying for a tenancy","content":"18A Applying for a tenancy\n(1) The Commissioner may, in writing, approve a class of information\nor documents relating to prospective tenants that a landlord may\nrequire a prospective tenant to provide in support of an application\nfor a tenancy of residential premises.\n(2) If a landlord requires a prospective tenant to apply for a tenancy,\nthe landlord must not require the tenant to provide any information\nor a document that is not approved by the Commissioner under\nsubsection (1).\n\nResidential Tenancies Act 1999 14\n(3) A landlord commits an offence if the landlord contravenes\nsubsection (2).\nMaximum penalty 20 penalty units.\n(4) Within 5 business days of entering into a tenancy agreement or\ndeciding not to enter into a tenancy agreement, a landlord must\ndestroy any information or documents the landlord received from\nany applicant for the tenancy who did not become a party to a\ntenancy agreement with the landlord.\n","sortOrder":18},{"sectionNumber":"18B","sectionType":"section","heading":"Keeping of tenant information","content":"18B Keeping of tenant information\n(1) A landlord who holds information or documents received from a\ntenant in relation to a tenancy must take steps that are reasonable\nin the circumstances to protect the information and documents:\n(a) from misuse, interference or loss; and\n(b) from unauthorised access, modification or disclosure.\n(2) A landlord must remove or destroy any information or document the\nlandlord holds in relation to a tenant 3 years after termination of the\ntenancy, unless the information or document is required as\nevidence in a proceeding in relation to the tenancy.\n(3) A tenant may request a landlord to give the tenant a copy of any\ninformation or documents relating to the tenant that are held by the\n(4) Within 5 business days of receiving a request under subsection (3),\nthe landlord must give the tenant a copy of the information and\ndocuments requested.\n(5) A tenant may request the landlord to amend or remove any\ninaccurate information or destroy any inaccurate document the\nlandlord holds in relation to the tenant.\n(6) Within 28 days of receiving a request under subsection (5), the\nlandlord must amend or remove the inaccurate information or\ndestroy the inaccurate document as requested, if the request is\nreasonable in the circumstances.\n(7) A landlord commits an offence if the landlord contravenes\nsubsection (1), (2), (4) or (6).\n\nResidential Tenancies Act 1999 15\n(8) If this section and a provision of Part 14 applies to the same\ninformation, the provision of Part 14 prevails to the extent of any\ninconsistency.\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Tenancy agreements to be written","content":"19 Tenancy agreements to be written\n(1) If a landlord enters into a written tenancy agreement the agreement\nis to:\n(a) contain the name of the tenants and the name and address for\nservice of the landlord's agent, if any;\n(b) contain the full name and address for service of the landlord;\n(c) clearly identify the premises to which the agreement relates;\n(d) contain each term, or a term to the same effect as each term,\nthat is specified by or under this Act to be a term of a tenancy\nagreement;\n(e) include terms as to the amount of rent payable and how the\nrent is to be payable; and\n(f) if the agreement is for a fixed term tenancy – specify the\nduration of the agreement.\n(2) If a landlord who has invited a tenant to sign a written tenancy\nagreement or a document containing its terms has signed the\nagreement or document, the landlord must give a copy to the tenant\nwhen the tenant signs it.\n(3) If a landlord who has invited a tenant to sign a written tenancy\nagreement or a document containing its terms has not signed the\nagreement or document, the landlord must give a copy to the tenant\nfor signature by the tenant, sign the document when the tenant\nreturns it and give to the tenant a copy of the document as signed\nby both parties within 7 days after the tenant returns it.\n(4) If a tenancy agreement is not in accordance with subsection (1) or\nis not signed by all parties to the agreement, a tenancy agreement,\nif any, prescribed for the purposes of this section is to be taken to\nbe the agreement between the parties for the purposes of this Act.\n\nResidential Tenancies Act 1999 16\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Contract to avoid Act prohibited","content":"20 Contract to avoid Act prohibited\n(1) An agreement or arrangement that is inconsistent with this Act or\nthe Regulations or purports to exclude, modify or restrict the\noperation of this Act or the Regulations, is void to the extent of the\ninconsistency.\n(2) Subsection (1) does not apply in relation to an inconsistency,\nexclusion, modification or restriction expressly permitted by or\n(3) A purported waiver of a right under this Act is void.\n(4) A landlord must not enter into an agreement or arrangement:\n(a) to exclude, modify or restrict the operation of this Act (directly\nor indirectly); or\n(b) that purports to exclude, modify or restrict the operation of this\nAct (directly or indirectly).\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Tenant not to give false information","content":"21 Tenant not to give false information\nIt is a term of a tenancy agreement that a tenant must not give a\n(a) information about a tenant's identity that is material to a\nlandlord's decision to enter into the tenancy agreement and\nthat is, to the knowledge of the tenant, false; or\n(b) any other information, required by or under this Act to be given\nin relation to the tenancy agreement, that is, to the knowledge\nof the tenant, false.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Harsh or unconscionable terms","content":"22 Harsh or unconscionable terms\n(1) The Tribunal may, on the application of a tenant, make an order\nrescinding or varying a term of a tenancy agreement (other than a\nterm that is specified under this Act to be a term of an agreement) if\nit is satisfied that the term is harsh or unconscionable.\n(2) On making an order under subsection (1), the Tribunal may make\nconsequential changes to the tenancy agreement or another related\ndocument, including an ancillary agreement.\n\nResidential Tenancies Act 1999 17\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Landlord cannot impose extra charges or liabilities","content":"24 Landlord cannot impose extra charges or liabilities\n(1) A landlord must not require or accept any payment or amount from\na tenant or prospective tenant, other than the following:\n(a) rent;\n(b) a security deposit;\n(c) another payment or amount expressly permitted or required by\nor under this Act.\n(2) Without limiting subsection (1), the following payments are\nprohibited by this Act:\n(a) payment for the preparation, extension, renewal or operation\nof a tenancy agreement, other than in accordance with an\nexpress provision of this Act;\n(b) an amount paid as consideration for an option to enter into an\nagreement for premises.\n(2A) Subsection (1) does not prevent a landlord from accepting or\nreceiving from a tenant payment of a debt, owed in respect of a\ntenancy, as a condition of the granting, renewal or extension of a\ntenancy.\n(3) In relation to a tenancy or the renewal or extension of a tenancy, a\nlandlord must not require a tenant to:\n(a) provide the landlord a guarantee or indemnity under a tenancy\nagreement, other than by way of a bond; or\n(b) otherwise enter into a contract of insurance, guarantee or\nother agreement, other than by way of a bond.\nNote for section 24\nA landlord is vicariously liable in most circumstances for the actions of the\nlandlord's agent or staff of the landlord's agent.\n\nResidential Tenancies Act 1999 18\n","sortOrder":24},{"sectionNumber":"24A","sectionType":"section","heading":"Condition reports generally","content":"24A Condition reports generally\n(1) A condition report is a report about the condition of residential\npremises that is:\n(a) made either entirely in writing or partly in writing and partly by\nusing images; and\n(b) made in the manner and containing the information required\n(2) The Regulations may provide for matters relevant to the making of\na condition report.\n(3) The Regulations may modify specified provisions of this Act in their\napplication to condition reports made partly by using images.\n(4) An image used in making a condition report may be recorded in a\nphotograph, on video or film or by any other mechanical, electronic,\ndigital or similar method of making a visual record.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Condition report at start of tenancy","content":"25 Condition report at start of tenancy\n(1) No later than 3 business days after a tenant takes possession of\npremises to which a tenancy agreement relates, or after the start of\na continuation of the tenancy to which the tenancy agreement\nrelates, the landlord may give the tenant a signed condition report.\n(2) A condition report is to:\n(a) specify the condition of walls, floors and ceilings in each room\nin the premises to which the tenancy agreement relates;\n(b) itemise, and specify the condition of, any fixture or chattel that\nis ancillary property; and\n(c) contain other prescribed information, if any.\n(3) The landlord is to fill out the condition report under subsection (1) in\nthe presence of the tenant or a representative of the tenant (who is\nnot the landlord or the landlord's agent) unless it is not practical to\ndo so or the tenant or the tenant's representative does not appear\nat the agreed time.\n\nResidential Tenancies Act 1999 19\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Acceptance of condition report with or without modifications","content":"26 Acceptance of condition report with or without modifications\n(1) Within 5 business days after receiving a condition report under\nsection 25, the tenant may:\n(a) accept the report by signing it and returning it to the landlord;\nor\n(b) mark the modifications the tenant thinks fit on the report, initial\nthe modifications and return the report to the landlord.\n(2) If a tenant does not take action under subsection (1) within the time\nspecified in that subsection, the tenant is to be taken to have\naccepted the condition report.\n(3) Within 5 business days after a landlord receives a condition report\nmodified by the tenant under subsection (1)(b), the landlord may:\n(a) accept the report as modified by the tenant by initialling the\nmodifications and, without making further modifications, return\na copy of the report to the tenant; or\n(b) reach agreement with the tenant as to the contents of the\nreport and accept the report by having both parties initial all\nmodifications to the report that are accepted by them; or\n(c) apply to the Tribunal under section 27.\n(4) If, within the period referred to in subsection (3), the landlord does\nnot take action under that subsection and the tenant does not apply\nto the Tribunal under section 27, the landlord is taken to have\naccepted the condition report as modified by the tenant.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Application to Tribunal for condition report if no agreement","content":"27 Application to Tribunal for condition report if no agreement\n(1) If a landlord and tenant are unable to reach agreement under\nsection 26(3)(b), either party may, within 5 business days after the\nlandlord receives the condition report modified by the tenant, apply\nto the Tribunal for a condition report.\n(2) The Tribunal may, on receipt of an application under subsection (1),\nrequest the Commissioner to prepare a condition report in respect\nof the premises and the ancillary property to which a tenancy\nagreement relates.\n(3) The landlord and the tenant are, for the purposes of this Act, to be\ntaken to have accepted a condition report prepared for the Tribunal\nunder subsection (2).\n\nResidential Tenancies Act 1999 20\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Condition report conclusive of condition at start of tenancy","content":"28 Condition report conclusive of condition at start of tenancy\n(1) This section applies if a condition report is or is to be taken to have\nbeen accepted under this Division by a landlord and a tenant unless\nthe Tribunal determines otherwise in a particular case.\n(2) If the condition report relates to the start of a tenancy to which a\ntenancy agreement relates, the report is conclusive evidence of the\ncondition of the premises and of the provision of, and the condition\nof, any ancillary property referred to in the condition report at the\nstart of the tenancy.\n(3) If the condition report relates to the start of a continuation of a\ntenancy to which a tenancy agreement relates, the report is\nconclusive evidence of the condition of the premises and of the\nprovision of, and the condition of, any ancillary property referred to\nin the condition report at the start of the continuation.\n","sortOrder":29},{"sectionNumber":"28A","sectionType":"section","heading":"Condition report has effect for continuation of tenancy","content":"28A Condition report has effect for continuation of tenancy\n(1) This section applies to a tenancy for residential premises to which a\ntenancy agreement relates (the original tenancy) if the tenancy is\ncontinued and a condition report is not prepared under section 25 in\nrelation to the continuation.\n(2) The condition report for the residential premises that had effect\nunder this Division for the original tenancy continues to have effect\nfor this Division for the continuation.\n(3) It is immaterial for subsection (2) whether either or both of the\nfollowing apply:\n(a) there is a waiver of rent in relation to the period from the end\nof the original tenancy until a new agreement starts or the\ntenancy is continued;\n(b) the tenants for the new agreement or continuation of the\ntenancy include someone who was not previously a tenant\nunder the original tenancy as long as one of the tenants for\nthe new agreement or continuation was a tenant under the\noriginal tenancy.\n","sortOrder":30},{"sectionNumber":"28B","sectionType":"section","heading":"Landlord must not require tenant to vacate for condition report","content":"28B Landlord must not require tenant to vacate for condition report\nA landlord must not require a tenant to vacate residential premises\nin order to make a condition report under this Division.\n\nResidential Tenancies Act 1999 21\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Bonds","content":"29 Bonds\n(1) Subject to section 30, a landlord must not:\n(a) require more than one bond or security deposit in relation to\nthe same tenancy agreement; or\n(b) require the payment of a security deposit of an amount greater\nthan the money payable under the agreement for 4 weeks\nrent.\n(2) Subject to section 30, for the purposes of subsection (1)(b), the\nmoney payable under the agreement for 4 weeks rent is the lowest\namount payable for a week's rent under the agreement at the time it\nwas made (not including an amount payable as a rent rebate)\nmultiplied by 4.\n(3) Money paid to a landlord as a security deposit is, subject to this\nsection, to be held by the landlord in trust for the tenant.\n(4) The landlord must pay money paid to the landlord as a security\ndeposit into an account established for the purposes of section 50\nof the Agents Licensing Act 1979 or an account kept by the landlord\nat:\n(a) an ADI; or\n(b) a statutory corporation of the Territory or of the\nCommonwealth.\n(5) If a landlord who holds money in trust for a tenant under\nsubsection (3) intends to leave the Territory for a period of more\nthan 14 days, the landlord must, before leaving the Territory:\n(a) pay the money to a real estate agent or to a person approved\nin writing by the Commissioner; and\n(b) notify the tenant of the name of the real estate agent or\n\nResidential Tenancies Act 1999 22\n(6) If money is paid under subsection (5) to a real estate agent or to a\nperson approved in writing by the Commissioner:\n(a) subsection (3) ceases to apply to the landlord; and\n(b) subject to this section, the money is to be held by the real\nestate agent or person in trust for the tenant; and\n(c) subsection (4), section 32 and Part 12 apply to the real estate\nagent or person as if he or she were the landlord; and\n(d) if the money has not been returned to the tenant under\nPart 12, the real estate agent or person must, at the request of\nthe landlord under subsection (7), return the money to the\n(7) The landlord may, within 14 days after he or she returns to the\nTerritory, request the real estate agent or person holding the money\nunder subsection (6) to return the money to the landlord.\n(8) If money is returned to the landlord under subsection (6)(d):\n(a) subsections (3) and (4) apply to the landlord; and\n(b) subsection (6) ceases to apply in relation to the real estate\nagent or person.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Increase in security deposit","content":"30 Increase in security deposit\n(1) If rent in relation to a tenancy agreement has been increased under\nthis Act, the landlord may by written notice require the tenant to pay\nan amount by way of security deposit that will increase the total of\nall amounts paid by the tenant as a security deposit in relation to\nthe tenancy to not more than the amount payable for a week's rent\nat the increased rate multiplied by 4.\n(2) Subsection (1) only applies if the notice is given after 2 years after a\nsecurity deposit was given or a security deposit was last increased\nunder this section in relation to the tenancy agreement.\n(3) If the security deposit payable under a tenancy agreement is\nincreased under this section, the terms of the bond are varied\naccordingly.\n\nResidential Tenancies Act 1999 23\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Receipt to be provided for security deposit","content":"31 Receipt to be provided for security deposit\n(1) If a person has paid an amount by cash, cheque or credit card as a\nsecurity deposit to the landlord, the landlord must immediately give\na receipt in accordance with subsection (3) to the person who paid\nit or the tenant on whose behalf the payment was received.\n(2) If a person has paid an amount as security otherwise than by cash,\ncheque or credit card to the landlord, the landlord must within\n2 business days after receiving the amount give a receipt in\naccordance with subsection (3) to the person who paid it or the\ntenant on whose behalf the payment was received.\n(3) A receipt for the purposes of subsection (1) or (2) is to be signed by\nthe person who received the security deposit to which it relates and\nis to specify:\n(a) the date the amount was received; and\n(b) the name of the tenant on whose behalf the payment was\nreceived; and\n(c) the amount paid; and\n(d) the address of the premises to which the payment relates.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Statement of security deposit details to be given to tenant","content":"32 Statement of security deposit details to be given to tenant\nA landlord must, at the written request of a tenant, give to the\ntenant a written statement of the following details in relation to the\naccount in which is held the security deposit paid in relation to the\n(a) the name of the account;\n(b) whether or not the account is an account established under\nsection 50 of the Agents Licensing Act 1979;\n(c) if the account is not an account established under section 50\nof the Agents Licensing Act 1979 – the name of the financial\ninstitution where the account is held and the rate of interest;\n(d) the amount of the security deposit in relation to the tenant that\nwas paid into the account;\n\nResidential Tenancies Act 1999 24\n(e) the day on which the security deposit was paid into the\naccount.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Proportioning of security deposit between co-tenants","content":"33 Proportioning of security deposit between co-tenants\n(1) A bond may specify the proportions of the security deposit paid in\nrelation to each tenant under the tenancy agreement to which it\nrelates.\n(2) If a bond does not specify the proportions of the security deposit\npaid in relation to each tenant under the tenancy agreement to\nwhich it relates, the security deposit is to be taken to have been\npaid in equal proportions by all the tenants.\n(3) Subsection (2) does not apply if:\n(a) the Tribunal has determined otherwise; or\n(b) all the tenants agree in writing with the proportions paid as\nsecurity deposit in relation to each tenant,\nand the landlord has been notified accordingly.\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Security deposit may be transferred to new agent","content":"34 Security deposit may be transferred to new agent\nIf a person licensed as a real estate agent under the Agents\nLicensing Act 1979 (in this section referred to as the former agent)\ntransfers his or her real estate business, the security deposit held\non behalf of a tenant by the former agent and transferred with the\nbusiness is assigned to the person to whom the business is\ntransferred as if he or she were the former agent.\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"How and where rent to be paid","content":"35 How and where rent to be paid\nIt is a term of a tenancy agreement that the tenant must pay the\nrent specified in or under the agreement in the manner and at the\nplace:\n(a) specified in the tenancy agreement; or\n(b) agreed in writing between the landlord and the tenant.\n\nResidential Tenancies Act 1999 25\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Landlord to keep proper records of rent","content":"36 Landlord to keep proper records of rent\n(1) A landlord must keep a written record, which may be in an\nelectronic form, of each instalment of rent received.\n(2) The record is to consist of:\n(a) the amount of rent paid; and\n(b) the date on which the rent was received; and\n(c) the period of the tenancy to which the rent relates; and\n(d) the address of the premises to which the rent relates.\n(3) For the purposes of subsection (2)(c), the period of the tenancy is\nto be presumed to be the next period for which rent is payable\nunless the person paying the rent or on whose behalf the rent is\npaid specifies otherwise.\n(4) A person must not:\n(a) make a false entry of a record of rent received under a\ntenancy agreement; or\n(b) falsify the record in any other way.\n(5) The landlord must, at the request of a tenant, permit the tenant to\nexamine the record of rent received under the tenancy agreement.\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Landlord to give receipt for rent","content":"37 Landlord to give receipt for rent\n(1) A landlord must, immediately after receipt of a cash payment for\nrent, give to a tenant a receipt in accordance with subsection (5).\n(2) If rent is paid in cash to a landlord by a person on behalf of a\ntenant, the landlord must give to the tenant a receipt before the end\nof the next business day after the day on which the cash was\nreceived.\n\nResidential Tenancies Act 1999 26\n(3) If rent is paid by cheque by or on behalf of a tenant, the landlord\nmust, at the request of the tenant, give to the tenant a receipt in\naccordance with subsection (5) within 3 business days after the\ndate of the request.\n(4) A landlord is not required to give a receipt if rent is directly credited\nor otherwise paid into an account kept by the landlord at:\n(a) an ADI; or\n(b) a statutory corporation of the Territory or of the\nCommonwealth.\n(5) A receipt for the purposes of this section is to be signed by the\nperson receiving the rent to which it relates and is to specify:\n(a) the date on which the rent was received; and\n(b) the name of the person paying the rent; and\n(c) the amount paid; and\n(d) the period of the tenancy to which the payment relates; and\n(e) the address of the premises to which the payment relates.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Tenant's goods cannot be seized to pay rent","content":"38 Tenant's goods cannot be seized to pay rent\nA person must not seize or dispose of goods of a tenant for\nnon-payment of the rent payable under a tenancy agreement,\nexcept in accordance with section 109.\n","sortOrder":41},{"sectionNumber":"38A","sectionType":"section","heading":"Amount of rent charged","content":"38A Amount of rent charged\n(1) A landlord must not offer a tenancy of residential premises to a\ntenant, or to generally advertise residential premises to tenants, for\na rent that is not a fixed amount.\n(2) A landlord commits an offence if the landlord contravenes\nsubsection (1).\n\nResidential Tenancies Act 1999 27\n(3) Subject to subsection (4), a landlord must not require a tenant to\npay, or accept from a tenant, rent that is higher than the fixed\namount the landlord offered or advertised for the tenancy of\nresidential premises in accordance with subsection (1).\n(4) A landlord may require a tenant to pay rent that is higher than the\namount offered or advertised for in accordance with subsection (1)\nif:\n(a) the tenancy agreement contains terms that grant additional\nservices or benefits to the tenant that were not offered when\nthe landlord offered or advertised the rent in accordance with\nsubsection (1); and\n(b) the additional rent so charged represents a reasonable and\nproportionate additional amount given the nature of those\nservices or benefits.\nExamples for subsection (4)\n1 Gardening.\n2 Exclusive use of a part of a premises not included in the initial offer.\n(5) This section does not apply to a rent increase under section 41.\n(6) This section does not prevent a landlord from withdrawing a\npremises from the market and re-advertising the premises for a\nhigher rent not less than 1 month after the day the premises are\nwithdrawn from the market.\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Rent in advance","content":"39 Rent in advance\n(1) The landlord must not require the payment of more than one rental\npayment period's rent under a tenancy agreement before the end of\nthe first rental payment period of the tenancy.\n(2) If rent has been paid under a tenancy agreement, the landlord must\nnot require from the tenant a further payment of rent until the end of\nthe last rental period for which rent has been paid.\n(3) A landlord must not require another person to give a post-dated\ncheque or other post-dated negotiable instrument in payment of\nrent under a tenancy agreement.\n\nResidential Tenancies Act 1999 28\n","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"How rent accrues","content":"40 How rent accrues\nThe rent payable under a tenancy agreement accrues from day to\nday.\n","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Increases in rent","content":"41 Increases in rent\n(1) A landlord may increase the rent payable under a tenancy\nagreement only if:\n(a) the right to increase the rent; and\n(b) the amount of the increase in rent or the method of calculation\nof the increase in rent,\nis specified in the agreement.\n(2) A proposal to increase the rent payable under a tenancy agreement\nis of no effect unless at least 30 days written notice is given to the\ntenant of:\n(a) the amount of the increase; and\n(b) the date from which the increase is to take effect.\n(3) The date fixed for an increase in rent in relation to a tenancy must\nnot be earlier than 6 months after:\n(a) the day on which the tenancy agreement commences; or\n(b) if there has been a previous increase of rent under this section\nin relation to one or more of the same tenants and the same\npremises – the last increase.\n(4) If the rent payable under a tenancy agreement is increased under\nthis section, the terms of the agreement are varied accordingly.\n(5) Subsections (2), (3) and (4) do not apply in relation to:\n(a) a provision of a tenancy agreement in relation to a tenancy\nunder which the rent payable changes automatically at stated\nintervals on a basis set out in the agreement or by a\ndetermination under the Housing Act 1982 by the minister\nadministering that Act; or\n(b) an increase in the amount of rent payable by a tenant because\nof the cancellation or adjustment of a rent rebate.\n\nResidential Tenancies Act 1999 29\n","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Tribunal may declare rent excessive","content":"42 Tribunal may declare rent excessive\n(1) The Tribunal may, on the application of the tenant, declare that the\nrent payable under a tenancy agreement is excessive.\n(2) The Tribunal must not make a declaration under subsection (1)\nunless it:\n(a) has given 14 days notice to the landlord of the application; and\n(b) has invited the landlord to make submissions to the Tribunal in\nrelation to the application before the date specified in the\nnotice; and\n(c) has considered any submissions made by the landlord.\n(3) The Tribunal may only make a declaration under subsection (1) if\nthe rent paid in respect of the tenancy agreement is, in the opinion\nof the Tribunal, excessive:\n(a) having regard to the general level of rents for comparable\npremises in the same or similar localities and the cost of any\nservices provided in connection with the tenancy agreement\nby the landlord or the tenant; or\n(b) because the level of services provided under the agreement\nhas, in the opinion of the Tribunal, been reduced to a\nsignificant extent, having regard to the cost of any services\nprovided in connection with the tenancy agreement by the\nlandlord or the tenant.\n(4) If the Tribunal makes a declaration under subsection (1), it may by\norder:\n(a) specify the rent payable for the premises and vary the\nagreement by reducing the rent payable under the agreement\naccordingly; and\n(b) specify a date (which is not to be before the date of the\napplication) from which the variation takes effect; and\n(c) specify the period of not more than 12 months that the order is\nto remain in force.\n(5) The Tribunal may, on the application of the landlord, vary or revoke\nan order under this section as the Tribunal thinks fit.\n\nResidential Tenancies Act 1999 30\n","sortOrder":46},{"sectionNumber":"42A","sectionType":"section","heading":"Tribunal may request Commissioner to pay for valuation of","content":"42A Tribunal may request Commissioner to pay for valuation of\npremises\n(1) This section applies if a tenant has made, or the Tribunal is\nsatisfied the tenant wishes to make, an application as mentioned in\nsection 42(1).\n(2) If the Tribunal considers it appropriate to do so, the Tribunal may\nrequest the Commissioner to pay or undertake to pay for a\nvaluation about premises in relation to the tenant's application or\nproposed application.\n(3) In considering whether it is appropriate to pay or undertake to pay\nfor a valuation but without limiting the Tribunal's discretion, the\nTribunal may have regard to either or both of the following:\n(a) whether it would cause economic hardship to the applicant or\nhis or her family if the applicant were to pay for the valuation;\n(b) whether the Commissioner has previously paid or undertaken\nto pay for a valuation under this section involving the\napplicant.\n(4) If the Commissioner makes a payment under subsection (2), the\namount is payable from the Tenancy Trust Account.\n(5) For section 16, the payment is part of meeting the costs of\nadministering and enforcing this Act.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Repayment of rent paid in advance","content":"43 Repayment of rent paid in advance\n(1) If rent is paid in advance and the tenancy is terminated before the\nend of the period for which rent has been paid, the landlord must,\nas soon as reasonably possible, refund to the tenant the\nappropriate proportion of the amount paid as rent in advance.\n(2) Subsection (1) does not apply in relation to rent, or a part of rent,\npaid in advance that may be applied towards other liabilities of the\ntenant to the landlord in accordance with this Act.\n(3) The Tribunal may, on the application of the tenant, order the\nlandlord to refund to the tenant the proportion of the amount paid as\nrent in advance (not being money for which the tenant is liable\nunder this Act to pay to the landlord as rent or otherwise) that the\nTribunal thinks fit.\n\nResidential Tenancies Act 1999 31\n","sortOrder":48},{"sectionNumber":"46","sectionType":"section","heading":"Reductions in rent by agreement","content":"46 Reductions in rent by agreement\n(1) The rent payable under a tenancy agreement may be reduced:\n(a) under a provision of a tenancy agreement under which the\nrent payable changes automatically at stated intervals on a\nbasis set out in the agreement; or\n(b) by mutual agreement between the tenant and the landlord.\n(2) A reduction of rent may be made on a temporary basis so that, at\nthe end of a specified period, the rent reverts to the level that the\nrent would have been before the temporary reduction.\n(3) If the rent payable under a tenancy agreement is reduced by mutual\nagreement between the tenant and the landlord, the terms of the\nagreement are varied accordingly.\n","sortOrder":49},{"sectionNumber":"47","sectionType":"section","heading":"Premises not to be let unless habitable and safe","content":"47 Premises not to be let unless habitable and safe\nA landlord must not enter into, or offer to enter into, a tenancy\nagreement unless the premises and ancillary property to which the\nagreement relates or would relate:\n(a) are habitable; and\n(b) meet all health and safety requirements specified under an Act\nthat apply to residential premises or ancillary property.\n","sortOrder":50},{"sectionNumber":"48","sectionType":"section","heading":"Premises to be clean and suitable for habitation","content":"48 Premises to be clean and suitable for habitation\n(1) It is a term of a tenancy agreement that the landlord must ensure\nthat the premises and ancillary property to which the agreement\nrelates:\n(a) are habitable;\n(b) meet all health and safety requirements specified under an Act\nthat apply to residential premises or the ancillary property; and\n(c) are reasonably clean when the tenant enters into occupation\nof the premises.\n\nResidential Tenancies Act 1999 32\n(2) It is not a breach of the term specified in subsection (1) if the failure\nto comply with the term is caused by:\n(a) an act or omission of the tenant; or\n(b) the tenant's failure to notify the landlord of repairs required to\nthe premises.\n","sortOrder":51},{"sectionNumber":"49","sectionType":"section","heading":"Premises to be secure","content":"49 Premises to be secure\n(1) It is a term of a tenancy agreement that the landlord will take\nreasonable steps to provide and maintain the locks and other\nsecurity devices that are necessary to ensure the premises and\nancillary property are reasonably secure.\n(2) It is a term of a tenancy agreement that the landlord will not, without\nthe consent of the tenant:\nancillary property; or\n(3) A landlord commits an offence if the landlord contravenes the term\nof a tenancy agreement incorporated by subsection (2), unless the\nlandlord has a reasonable excuse.\n(4) It is a term of a tenancy agreement that if the landlord alters a lock\nor security device on, or adds a lock or security device to, the\npremises or ancillary property without the consent of the tenant, the\nlandlord must give the tenant a key to the lock or security device\nwithin 24 hours of doing so.\n(5) A landlord commits an offence if the landlord contravenes the term\nof a tenancy agreement incorporated by subsection (4), unless the\nlandlord has a reasonable excuse.\n(6) A tenant may advise the landlord in writing not to give a key to the\npremises to a nominated person if the tenant, or another occupant\nof the premises, is under a reasonable apprehension of\nexperiencing domestic violence from the nominated person.\n\nResidential Tenancies Act 1999 33\n(7) If a landlord is required to provide a key to premises to any person\nother than a tenant in order to carry out an obligation under this Act\nor a tenancy agreement, the landlord must not give the key to any\nperson nominated under subsection (6).\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Cleanliness and damage","content":"51 Cleanliness and damage\n(1) It is a term of a tenancy agreement that a tenant:\n(a) will not maintain the premises and ancillary property in an\nunreasonably dirty condition, allowing for reasonable wear and\ntear;\n(b) must notify the landlord of any damage or apparent potential\ndamage to the premises or ancillary property, other than\ndamage of a negligible kind;\n(c) must not intentionally or negligently cause or permit damage\nto the premises or ancillary property;\n(d) if the premises are a unit within the meaning of the Unit Titles\nAct 1975 or Unit Title Schemes Act 2009 – must not\nintentionally or negligently cause or permit damage to the\ncommon property within the meaning of that Act;\n(e) if the premises are a building lot within the meaning of the Unit\nTitles Act 1975 – must not intentionally or negligently cause or\npermit damage to the common property within the meaning of\nthat Act; and\n(f) if the premises are a lot within the meaning of Part IVB of the\nUnit Titles Act 1975 – must not intentionally or negligently\ncause or permit damage to the common property within the\nmeaning of that Act.\n(2) It is a term of a tenancy agreement that at the end of the tenancy\nthe tenant must give the premises and ancillary property back to the\n(a) in reasonable state of repair; and\n(b) in a reasonably clean condition,\nallowing for reasonable wear and tear.\n\nResidential Tenancies Act 1999 34\n(3) A tenant is not in breach of the term of the agreement specified in\nsubsection (1) or (2) if:\n(a) the breach is caused by the landlord's failure to repair or\nmaintain the premises or ancillary property; and\n(b) the landlord had notice that the repairs or maintenance were\nrequired.\n(4) In deciding whether premises or ancillary property are in\nreasonable condition or in a reasonably clean condition, a landlord\nor the Tribunal must take into account:\n(a) the condition of the premises or ancillary property when the\ntenant took possession of them as determined by a condition\nreport, if any, accepted under Part 5 by the landlord and the\ntenant;\n(b) if the tenancy agreement has terminated or the tenant has, in\nthe opinion of the landlord, apparently abandoned the\npremises – the condition of the premises or ancillary property\nas determined by a condition report, if any, accepted under\n","sortOrder":53},{"sectionNumber":"Part 12","sectionType":"part","heading":"by the landlord and the tenant; and","content":"Part 12 by the landlord and the tenant; and\n(c) the effect of reasonable wear and tear during the tenancy.\n(5) If a condition report was not accepted by the landlord and the\ntenant in relation to the premises or ancillary property under Part 5:\n(a) the tenant is to be taken to have complied with the term of the\nagreement specified in subsection (1); and\n(b) if the tenancy agreement has terminated or the tenant has, in\nthe opinion of the landlord, apparently abandoned the\npremises – the premises or ancillary property are to be taken\nto have been at the time when the tenant took possession of\nthe premises under the tenancy agreement, in the condition\nthey are at the end of the tenancy agreement.\n","sortOrder":54},{"sectionNumber":"52","sectionType":"section","heading":"Tenant's right to alter locks or security devices","content":"52 Tenant's right to alter locks or security devices\n(1) It is a term of a tenancy agreement that the tenant may do either of\nthe following with the consent of the landlord:\nancillary property;\n\nResidential Tenancies Act 1999 35\n(2) It is a term of a tenancy agreement that the tenant may do either of\nthe following without the consent of the landlord if the tenant has a\nreasonable excuse for not seeking the landlord's prior consent:\nancillary property;\n(3) It is a term of a tenancy agreement that if the tenant alters a lock or\nsecurity device on, or adds a lock or security device to, the\npremises or ancillary property, the tenant must give the landlord a\nkey to the lock or security device within 2 business days after\nmaking the alteration or addition, unless the landlord consents to\nthe tenant doing otherwise.\n(4) Subject to subsection (5), a tenant commits an offence if the tenant\ncontravenes subsection (3).\n(5) A tenant is not required to comply with subsection (3) if the landlord\nhas committed, or if the tenant or another occupant of the premises\nbelieves on reasonable grounds that the landlord may commit,\ndomestic violence against the tenant or another occupant of the\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"No illegal conduct or nuisance on premises etc.","content":"54 No illegal conduct or nuisance on premises etc.\nIt is a term of a tenancy agreement that a tenant must not:\n(a) use the premises or ancillary property, or cause the premises\nor ancillary property to be used, for an illegal purpose; or\n(b) cause or permit a nuisance on the premises, ancillary property\nor on land adjacent to or opposite the premises; or\n(c) cause or permit ongoing or repeated interference with the\nreasonable peace or privacy of another person in the other\nperson's use of premises or land in the immediate vicinity of\nthe premises to which the agreement relates.\n\nResidential Tenancies Act 1999 36\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Alteration of premises or ancillary property","content":"55 Alteration of premises or ancillary property\n(1) It is a term of a tenancy agreement that the tenant must not make\nan alteration or addition to the premises or ancillary property unless\neither of the following applies:\n(a) the landlord has provided written consent to the alteration or\naddition;\n(b) the alteration or addition is authorised or required by this Act,\nanother law of the Territory or a law of the Commonwealth.\n(2) A tenant may remove a fixture affixed to the premises by a tenant\nunless its removal would cause damage to the premises or ancillary\n(3) It is a term of a tenancy agreement that if the tenant causes\ndamage to the premises or ancillary property by removing or\ninstalling a fixture, the tenant must:\n(a) notify the landlord; and\n(b) at the option of the landlord, have the damage repaired or\ncompensate the landlord for the reasonable cost of repairing\nthe damage.\n(4) This section does not apply to a modification to which section 55A\napplies.\n","sortOrder":57},{"sectionNumber":"55A","sectionType":"section","heading":"Minor modifications permitted for safety or security purposes","content":"55A Minor modifications permitted for safety or security purposes\n(1) It is a term of a tenancy agreement that a tenant may make a safety\nor security modification to the premises.\n(2) Subject to subsection (5), before making a safety or security\nmodification to the premises, the tenant must obtain the landlord's\nconsent to the modification.\n(3) A landlord who receives a request for consent under subsection (2)\nmust:\n(a) consider the request without delay; and\n(b) grant or refuse the request within 10 business days of\nreceiving the request.\n(4) Consent sought under subsection (2):\n(a) must not be unreasonably refused; and\n\nResidential Tenancies Act 1999 37\n(b) if not granted or refused within the time specified in\nsubsection (3) is taken to have been granted immediately after\nthe expiry of that period; and\n(c) may be granted subject to reasonable conditions.\nExample for subsection (4)(c)\nThe landlord consents to a modification that represents an enhancement to the\npremises and agrees to pay or partially pay for the modification on the condition\nthat the modification is left in place at the end of the tenancy.\n(5) A tenant may make a safety or security modification without\nobtaining the landlord's consent if the safety or security modification\nis required urgently due to an immediate safety or security issue.\n(6) If the tenant makes a safety or security modification without\nobtaining the landlord's consent in accordance with subsection (5),\nthe tenant must notify the landlord of the safety or security\nmodification within 2 business days of the modification being\ncommenced.\n(7) The Tribunal may, on the application of the tenant, declare that:\n(a) the landlord's refusal to grant the tenant consent for the safety\nor security modification under subsection (3)(b) was\nunreasonable; or\n(b) a condition imposed under subsection (4)(c) is unreasonable.\n(8) If the Tribunal declares the landlord's refusal to grant consent is\nunreasonable under subsection (7)(a), the Tribunal may, by order,\nauthorise the tenant to carry out the safety or security modification\nto the premises in accordance with any conditions the Tribunal\nconsiders appropriate.\n(9) If the Tribunal declares a condition imposed under subsection (7)(b)\nunreasonable, the Tribunal may, by order:\n(a) vary or revoke the condition; and\n(b) impose any new condition for carrying out the safety or\nsecurity modifications to the premises that the Tribunal\nconsiders appropriate.\n\nResidential Tenancies Act 1999 38\n(10) A tenant who carries out a safety or security modification to the\npremises must restore the premises to its original condition before\ngiving up possession of the premises, unless the landlord consents\nto the premises not being restored.\nExample for subsection (10)\nIf the tenant changed the window dressings, the tenant must remove tenant's\nwindow dressings and reinstall the original window dressings provided by the\n(11) In this section:\nsafety or security modification means any of the following:\n(a) installation of a security camera or alarm system;\n(b) securing an item of furniture to a wall;\n(c) replacing window dressings;\n(d) any similar modification, other than a matter to which\nsection 52 applies.\nNote for section 55A\nSee also the Anti-Discrimination Act 1992 and the Disability Discrimination\nAct 1992 (Cth).\n","sortOrder":58},{"sectionNumber":"56","sectionType":"section","heading":"Tenant to notify if premises to be vacant for more than 30 days","content":"56 Tenant to notify if premises to be vacant for more than 30 days\nIt is a term of a tenancy agreement that the tenant is to notify the\nlandlord before premises to which the agreement relates are left\nunoccupied for more than 30 days.\n","sortOrder":59},{"sectionNumber":"57","sectionType":"section","heading":"Landlord's obligation to repair","content":"57 Landlord's obligation to repair\n(1) Subject to this Part, it is a term of a tenancy agreement that the\n(a) must ensure that the premises and ancillary property are in a\nreasonable state of repair when a tenant enters into\noccupation of the premises; and\n(b) must maintain the premises and ancillary property in a\nreasonable state of repair, having regard to their age,\ncharacter and prospective life.\n\nResidential Tenancies Act 1999 39\n(2) A landlord is not in breach of the term specified under\nsubsection (1) unless he or she:\n(a) has notice of the defect requiring repair; and\n(b) fails to act with reasonable diligence to have the defect\nrepaired.\n(3) A landlord is not in breach of the term specified under\nsubsection (1) if:\n(a) the repairs were known to the tenant to be required at the time\nof entering into the residential premises agreement;\n(b) the repairs are not emergency repairs within the meaning of\nsection 63;\n(c) the tenant has, in writing, waived the right to have the\nparticular repairs made; and\n(d) the premises are habitable and meet all health and safety\nrequirements specified under any Act.\n(4) For the purposes of this section, ancillary property includes\ngardening or watering equipment or other chattels provided in\nrelation to a garden but does not include vegetation, other than a\ntree that poses a risk to a person's safety.\n","sortOrder":60},{"sectionNumber":"58","sectionType":"section","heading":"Tenant to notify landlord if repairs required","content":"58 Tenant to notify landlord if repairs required\n(1) It is a term of a tenancy agreement that if premises or ancillary\nproperty require repair or maintenance, other than repair or\nmaintenance of a negligible kind, a tenant is, as soon as reasonably\npracticable after becoming aware of the need for the repairs or\nmaintenance, to notify the landlord orally or in writing of the\nrequirement.\n(2) Subsection (1) does not apply in relation to repairs if the tenant has\nwaived the right to have the repairs made under section 57(3).\n(3) If the landlord requests the tenant to put the notice in writing, the\ntenant is not to be taken to have given notice under subsection (1)\nunless it is given to the landlord in writing.\n(4) For the purposes of this section, ancillary property includes\ngardening or watering equipment or other chattels provided in\nrelation to a garden but, unless the tenancy agreement specifies\notherwise, does not include vegetation, other than a tree that poses\na risk to a person's safety.\n\nResidential Tenancies Act 1999 40\n","sortOrder":61},{"sectionNumber":"59","sectionType":"section","heading":"Maximum amount tenant may claim from landlord for repairs","content":"59 Maximum amount tenant may claim from landlord for repairs\n(1) A tenant is not entitled to receive, or to request the landlord to pay\nto a repairer (and the landlord is not required to pay), an amount\nunder section 61 greater than the amount payable under the\ntenancy agreement for 2 weeks rent.\n(2) For the purposes of subsection (1):\n(a) if the rent fluctuates during a tenancy agreement – the amount\npayable under the agreement for 2 weeks rent is to be taken\nto be the lowest rent payable for a 2 week period under the\n(b) if the rent increases under section 41 – the amount payable\nunder the agreement for 2 weeks rent is to be taken to be the\nincreased rent payable for a 2 week period under the\n","sortOrder":62},{"sectionNumber":"60","sectionType":"section","heading":"When tenant may make repairs","content":"60 When tenant may make repairs\nA tenant may have premises or ancillary property repaired if:\n(a) the premises are uninhabitable, the premises and ancillary\nproperty are unsafe or if the repairs are not made there is a\nreasonable possibility:\n(i) of damage occurring to the premises or ancillary\nproperty or to property of the tenant; or\n(ii) that the premises or ancillary property are likely to\nbecome unsafe, uninhabitable or insecure; and\n(b) the premises or ancillary property are in a state of disrepair\nthat does not arise from contravention of the tenancy\nagreement by the tenant; and\n(c) the tenant has under section 58 notified the landlord in writing\nof the requirement for the repairs to be made; and\n(d) either the repairs have not been made within 7 business days\nafter receipt of a notice under section 58 or:\n(i) the landlord has not, within 7 business days after receipt\nof a notice under section 58, made arrangements for the\nrepairs to be made and notified the tenant accordingly;\nand\n(ii) the repairs have not been made within 21 days after the\ndate of the notice.\n\nResidential Tenancies Act 1999 41\n","sortOrder":63},{"sectionNumber":"61","sectionType":"section","heading":"When and how tenant may claim money for repairs","content":"61 When and how tenant may claim money for repairs\n(1) A tenant may recover from the landlord the cost of having repairs\nmade under section 60 only if:\n(a) the tenant has notified the landlord of the cost of the repairs;\nand\n(b) the tenant has complied with section 62; and\n(c) the tenant has given to the landlord appropriate documents\nproving the costs incurred.\n(2) A tenant may request the landlord:\n(a) to pay the costs directly to the repairer; or\n(b) if the tenant has paid the cost of repair – to pay the amount to\nthe tenant or to deduct the amount from rent payable by the\ntenant.\n(3) Costs payable by a landlord under this section are to be paid:\n(a) in accordance with the tenant's request under subsection (2);\nor\n(b) in the manner agreed between the landlord and the tenant; or\n(c) as determined by the Tribunal under subsection (4) on the\napplication of the tenant.\n(4) Subject to this Division, the Tribunal may, on the application of a\nlandlord or tenant, order either party to pay for the cost of permitted\nrepairs incurred or purporting to be incurred under this Division.\n","sortOrder":64},{"sectionNumber":"62","sectionType":"section","heading":"Tenant to use nominated repairers","content":"62 Tenant to use nominated repairers\n(1) A landlord may, in a tenancy agreement or by notice in writing to\nthe tenant, nominate a person (including the landlord) to be a\nnominated repairer for a type of repairs.\n(2) If a tenant is permitted under section 60 to have repairs made (in\nthis section referred to as the permitted repairs) and the landlord\nhas specified a nominated repairer who may make repairs of that\ntype, the tenant must take all reasonable steps to engage that\nrepairer to make the permitted repairs.\n\nResidential Tenancies Act 1999 42\n(3) If the landlord has nominated a person under subsection (1), a\ntenant may have permitted repairs made by a person other than the\nnominated repairer only if:\n(a) the tenant cannot, despite reasonable attempts to do so,\nengage the nominated repairer to make the permitted repairs\nwithin a reasonable time; and\n(b) the tenant has obtained quotations for cost from 2 repairers\nwho are appropriately qualified to make the repairs; and\n(c) the tenant has chosen the repairer offering the lowest\nquotation, unless the repairer offering the lowest quotation\nwould not be able to make the permitted repairs within a\nreasonable time.\n","sortOrder":65},{"sectionNumber":"63","sectionType":"section","heading":"Emergency repairs may be ordered by Tribunal","content":"63 Emergency repairs may be ordered by Tribunal\n(1) The Tribunal may, on the application of a tenant, order the landlord\nto ensure that specified repairs are made in a specified period to\npremises or ancillary property if:\n(a) the repairs required are emergency repairs; and\n(b) the premises or ancillary property are in a state of disrepair\nthat does not arise from contravention of the tenancy\nagreement by the tenant; and\n(c) the tenant has, under section 58, notified the landlord in\nwriting of the requirement for the repairs to be made; and\n(d) either the repairs have not been made within 5 business days\nafter receipt of a notice under section 58 or:\n(i) the landlord has not, within 5 business days after receipt\nof a notice under section 58, made arrangements for the\nrepairs to be made and notified the tenant accordingly;\nand\n(ii) the repairs have not been made within 14 days after the\ndate of the notice.\n(2) For the purposes of this section, emergency repairs means work\nneeded to repair:\n(a) a water service that provides water to the premises that has\nburst; or\n(b) a blocked or broken lavatory system on the premises; or\n\nResidential Tenancies Act 1999 43\n(c) a serious roof leak; or\n(d) a gas leak; or\n(e) a dangerous electrical fault; or\n(f) flooding or serious flood damage; or\n(g) serious storm, fire or impact damage; or\n(h) a failure or breakdown of the gas, electricity or water supply to\nthe premises; or\n(j) a failure or breakdown of an essential service or appliance on\npremises for water or cooking; or\n(k) a fault or damage that makes premises unsafe or insecure; or\n(m) a fault or damage likely to injure a person, damage property or\nunduly inconvenience a resident of premises; or\n(n) a serious fault in a staircase or lift or other area of premises\nthat unduly inconveniences a resident in gaining access to or\nusing the premises.\n","sortOrder":66},{"sectionNumber":"Part 8","sectionType":"part","heading":"Tenant's right to enjoy property without","content":"Part 8 Tenant's right to enjoy property without\ndisturbance\n","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Vacant possession etc.","content":"64 Vacant possession etc.\n(1) It is a term of a tenancy agreement that a tenant is entitled to\nvacant possession of the premises on and from the day the tenancy\nbegins.\n(2) Subsection (1) does not apply in relation to a part of the premises in\nrespect of which a right to exclusive possession is not given by the\n(3) It is a term of a tenancy agreement that there is no legal\nimpediment to the tenant's occupation of the premises as a place of\nresidence for the period of the tenancy that the landlord knew of, or\nought to have known of, when entering the agreement.\n\nResidential Tenancies Act 1999 44\n","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Tenant to be able to use and enjoy property","content":"65 Tenant to be able to use and enjoy property\nIt is a term of a tenancy agreement that:\n(a) a tenant is entitled to quiet enjoyment of the premises without\ninterruption by the landlord or a person claiming under the\nlandlord or with superior title to the landlord's title; and\n(b) the landlord will not cause an interference with the reasonable\npeace or privacy of a tenant in the tenant's use of the\n","sortOrder":69},{"sectionNumber":"65A","sectionType":"section","heading":"Keeping pets","content":"65A Keeping pets\n(1) It is a term of a tenancy agreement that a tenant may only keep a\npet on the premises in accordance with this section.\nNote for subsection (1)\nThe Disability Discrimination Act 1992 (Cth) provides for rights in relation to\nassistance animals.\n(2) Any tenant who wishes to keep a pet on the premises must first\ngive the landlord written notice describing the proposed pet.\n(3) The landlord has 14 days after receiving the notice under\nsubsection (2) to object to the tenant keeping the pet by:\n(a) giving the tenant written notice of the objection and the reason\nfor the objection; and\n(b) making an application to the Tribunal under section 65B.\n(4) A tenant must not keep a pet on the premises before the expiry of\nthe 14-day period referred to in subsection (3).\n(5) If the landlord does not apply to the Tribunal under section 65B\nwithin the 14-day period referred to in subsection (3), the tenant\nmay keep the proposed pet on the premises.\n(6) If the landlord applies to the Tribunal under section 65B within the\n14-day period referred to in subsection (3), the tenant must not\nkeep the pet on the premises unless the Tribunal orders that the\nlandlord's objection to the keeping of the pet is unreasonable and\nthat the tenant may keep the pet on the premises.\n(7) A tenant may give a notice under subsection (2) in respect of more\nthan one pet.\nExample for subsection (7)\nA notice might relate to an aquarium with multiple species of tropical fish.\n\nResidential Tenancies Act 1999 45\n(8) The tenant's right to keep a pet on the premises under this section\nis subject to any prohibition on animals or birds applicable to the\npremises under:\n(a) Part V, Division 6, of the Unit Titles Act 1975; and\n(b) Part 3.5, Division 2, of the Unit Title Schemes Act 2009.\n","sortOrder":70},{"sectionNumber":"65B","sectionType":"section","heading":"Applications to Tribunal","content":"65B Applications to Tribunal\n(1) A landlord who objects to a tenant keeping a pet on the premises\nunder section 65A must apply to the Tribunal for an order that the\nlandlord's objection is reasonable and that the tenant must not keep\nthe pet on the premises.\n(2) In determining an application under this section, the Tribunal must\nconsider the reasonableness of the tenant keeping the pet on the\npremises and may have regard to the following matters:\n(a) the type of pet the tenant proposes to keep on the premises;\n(b) the character and nature of the premises;\n(c) the character and nature of the appliances, fixtures and fittings\non the premises;\n(d) whether keeping the pet on premises is permitted, restricted or\nprohibited under any other law or by-law;\n(e) any prescribed matters;\n(f) any other matter the Tribunal considers relevant.\nExample for subsection (2)(d)\nThe local council might have a by-law governing the keeping of pets in the area\nwhere the tenant lives.\n(3) After considering the matters specified in subsection (2), the\nTribunal may make:\n(a) an order that the landlord's objection is reasonable and that\nthe tenant must not keep the pet on the premises; or\n(b) an order that the landlord's objection is not reasonable and\nthat the tenant may keep the pet on the premises.\n(4) On making an order under subsection (3), the Tribunal may provide\nfor conditions and any other ancillary matter relating to the keeping\nof a pet on the premises it considers appropriate.\n\nResidential Tenancies Act 1999 46\n","sortOrder":71},{"sectionNumber":"66","sectionType":"section","heading":"Landlord not to interfere with tenant's enjoyment of premises","content":"66 Landlord not to interfere with tenant's enjoyment of premises\n(1) A landlord must not cause interference with the reasonable peace\nor privacy of a tenant in the tenant's use of the premises, except in\naccordance with this Act.\n(2) A landlord must not force, or attempt to force, a tenant to vacate the\npremises:\n(a) except in accordance with this Act; or\n(b) in circumstances that amount to harassment of a tenant.\n","sortOrder":72},{"sectionNumber":"67","sectionType":"section","heading":"Tenant's right of association","content":"67 Tenant's right of association\n(1) A landlord must not:\n(a) refuse to renew a tenancy agreement in relation to premises\n(whether or not the right to renew was a condition of the\nagreement); or\n(b) purport to exercise a power or right to terminate a tenancy\nagreement in relation to premises,\nfor the reason that the tenant has joined or is or was a member of a\nbody or association:\n(c) of tenants, the objects of which include the advancement or\npreservation of their mutual interests, whether or not\nexclusively in relation to the premises to which the agreement\nrelates; or\n(d) that provides services to tenants, the objects of which include\nthe advancement or preservation of tenants' interests.\n(2) A landlord must not threaten or otherwise indicate that he or she\nwill refuse to renew a tenancy agreement if the tenant joins or\nbecomes a member of, or makes use of the services of, a body or\nassociation of a kind referred to in subsection (1).\n\nResidential Tenancies Act 1999 47\n(3) A term of a tenancy agreement in relation to premises which is to\nthe effect that the agreement is or may be terminated or that the\ntenant will suffer any other detriment under the agreement if:\n(a) the tenant joins or becomes a member of a body or\nassociation of a kind referred to in subsection (1); or\n(b) the tenant makes use of the services of such a body or\nassociation,\nis void, whether that tenancy agreement was entered into before or\nafter the commencement of this section.\n","sortOrder":73},{"sectionNumber":"Part 9","sectionType":"part","heading":"Landlord's right to enter premises during","content":"Part 9 Landlord's right to enter premises during\n","sortOrder":74},{"sectionNumber":"68","sectionType":"section","heading":"Entry only permitted in accordance with Act","content":"68 Entry only permitted in accordance with Act\n(1) It is a term of a tenancy agreement that the landlord may only enter\nthe premises or ancillary property in accordance with this Act.\n(2) This Part does not apply to a part of the premises or ancillary\nproperty that a tenant uses in common with the landlord or a tenant,\nunder another tenancy agreement, of the landlord.\n","sortOrder":75},{"sectionNumber":"69","sectionType":"section","heading":"Collection of rent","content":"69 Collection of rent\n(1) A landlord or a person authorised by an agent of the landlord may\nenter the premises or ancillary property for the purpose of collecting\nthe rent.\n(a) between 7 am and 9 pm at a time previously arranged with the\ntenant not less than 7 days before the entry is made; and\n(b) not earlier than 7 days after the last time entry was made\nunder this section.\n(3) Despite subsection (2), if a tenant is in arrears with rent, the\nlandlord or a person authorised by an agent of the landlord may\nenter the premises or ancillary property for the purpose of collecting\nthe rent if the entry is made not earlier than 7 days after the last\ntime entry was made under this section.\n(4) If:\n(a) a tenant is in arrears with an instalment of rent; and\n\nResidential Tenancies Act 1999 48\n(b) the landlord has not been able to contact the tenant for the\npurpose of arranging a time for entry for the purpose of\ncollecting the instalment and has made a reasonable number\nof attempts to do so; and\n(c) the landlord has engaged a commercial agent within the\nmeaning of the Commercial and Private Agents Licensing\nAct 1979 who holds a licence under that Act permitting the\ncollecting of debts, or requesting the payment of debts, on\nbehalf of another person, to collect the instalment,\nsubsection (2) does not apply in relation to an entry by the\ncommercial agent for the purpose of collecting the instalment.\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Inspection of premises","content":"70 Inspection of premises\n(1) The landlord may enter the premises or ancillary property for the\npurpose of inspecting the premises or ancillary property.\n(a) between 7 am and 9 pm at a time previously arranged with the\ntenant not less than 7 days before the entry is made; and\n(b) after:\n(i) 3 months after the last entry was made to the premises\nfor the purposes of this paragraph; or\n(ii) if a longer period is specified in the agreement as the\ninterval during which an entry for the purpose of\ninspecting the premises or ancillary property is not to be\nmade – that longer period.\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"Repairs and maintenance","content":"71 Repairs and maintenance\n(1) The landlord or a person authorised by an agent of the landlord\nmay enter the premises or ancillary property for the purpose of:\n(a) carrying out necessary repairs or maintenance, but only if the\nlandlord has been notified by the tenant that the repairs or\nmaintenance are necessary or the repairs or maintenance\nhave been observed by the landlord or his or her agent,\nincluding during an inspection under section 70; or\n(b) determining if necessary repairs and maintenance (including\nrepairs and maintenance required by the landlord to be\nperformed by a tenant) have been satisfactorily performed or\ncompleted.\n\nResidential Tenancies Act 1999 49\n(b) at a time of which the tenant has been given not less than\n","sortOrder":78},{"sectionNumber":"72","sectionType":"section","heading":"Emergency or significant damage caused or threatened","content":"72 Emergency or significant damage caused or threatened\nThe landlord may enter the premises or ancillary property without\nnotice:\n(a) in an emergency; or\n(b) if the landlord has reasonable grounds to suspect that\nsignificant damage has been, is being, or is about to be,\ncaused to the premises or to ancillary property.\n","sortOrder":79},{"sectionNumber":"73","sectionType":"section","heading":"Preparation of condition report","content":"73 Preparation of condition report\nThe landlord may enter the premises or ancillary property in order\nto prepare a condition report in accordance with section 25 or 110 if\nthe entry is made:\n(b) at a time of which the tenant has not less than 24 hours\nwritten or oral notice.\n","sortOrder":80},{"sectionNumber":"74","sectionType":"section","heading":"Inspection by prospective tenants or purchasers","content":"74 Inspection by prospective tenants or purchasers\n(1) The landlord may enter the premises or ancillary property for the\npurpose of showing the premises or ancillary property to\nprospective tenants if the entry is made:\n(b) during the 28 days before the termination of the agreement;\nand\n(c) at a time of which a tenant has been given not less than\n(2) The landlord may enter the premises or ancillary property for the\npurpose of showing the premises or ancillary property to\nprospective purchasers if the entry is made:\n(b) at a time of which the tenant has been given not less than\n\nResidential Tenancies Act 1999 50\n(3) The landlord may enter the premises or ancillary property for the\npurposes specified in subsection (1) or (2) on no more than a\nreasonable number of occasions.\n","sortOrder":81},{"sectionNumber":"74A","sectionType":"section","heading":"Authorisation to enter to produce images and videos and","content":"74A Authorisation to enter to produce images and videos and\nlimitation on use of images and video\n(1) The landlord may enter the premises or ancillary property in\naccordance with section 74 to capture images or video of the\npremises for use in advertising the premises or ancillary property\nfor sale or lease.\n(2) The landlord must not publish or publicly display any image or video\ncaptured in accordance with subsection (1) to which either of the\nfollowing apply, unless the landlord obtains the consent of the\n(a) the image or video shows a possession of the tenant that:\n(i) directly identifies the tenant or another occupant of the\n(ii) reveals sensitive information about the tenant or another\noccupant of the premises; or\n(iii) is valuable and would increase the risk of theft at the\n(iv) it would be unreasonable to expect the tenant to remove\nor conceal;\n(b) the image or video may identify the tenant or another\noccupant of the premises who has experienced domestic\nviolence or is at risk of domestic violence.\n(3) Before giving consent under subsection (2), the tenant may request\nthe landlord to make the images or video available for review before\nthe images or video are published or displayed.\n(4) A landlord must not publish or publicly display any images or video\nreferred to in subsection (2) before the tenant has given written\nconsent to the landlord for the images or video to be published or\ndisplayed.\n(5) Consent of a tenant under this section is valid for 12 months, or any\nlesser period specified in writing by the tenant.\n\nResidential Tenancies Act 1999 51\n","sortOrder":82},{"sectionNumber":"75","sectionType":"section","heading":"Entry with consent","content":"75 Entry with consent\nThe landlord may, with the consent of a tenant given at or\nimmediately before the time of entry, enter the premises or ancillary\nproperty between 7 am and 9 pm.\n","sortOrder":83},{"sectionNumber":"76","sectionType":"section","heading":"Tenant to be present at entry","content":"76 Tenant to be present at entry\n(1) An entry into or inspection of premises or ancillary property under\nthis Part must be carried out in the presence of the tenant.\n(2) Subsection (1) does not apply if:\n(a) the tenant has refused, other than on reasonable grounds, to\nbe present at the time specified for the inspection; or\n(b) the tenant has, in writing, waived the right to appear or to be\nrepresented at the inspection; or\n(c) the tenant is not at the premises at the time specified for\ninspection; or\n(d) the entry is made for the purposes of section 72.\n","sortOrder":84},{"sectionNumber":"77","sectionType":"section","heading":"Tenant not to impede entry","content":"77 Tenant not to impede entry\nIf a landlord or a person authorised by an agent of the landlord\nenters premises or ancillary property in accordance with this Act,\nthe tenant must not unreasonably impede the landlord or person in\ncarrying out the purpose for which entry lawfully occurred.\n","sortOrder":85},{"sectionNumber":"77A","sectionType":"section","heading":"Tribunal may order tenant to let landlord enter premises","content":"77A Tribunal may order tenant to let landlord enter premises\n(1) If a tenant unreasonably impedes, or fails to permit, the lawful entry\nof the landlord or a person authorised by an agent of the landlord to\nthe premises or ancillary property, the Tribunal may, on the\napplication of the landlord, make an order permitting the landlord to\nenter the premises or ancillary property.\n(2) An order under subsection (1) may:\n(a) authorise reasonable means to enter the premises or ancillary\nproperty; and\n(b) impose conditions or limits on the means that may be used.\n(3) A landlord entering the premises or ancillary property under the\norder must not use any means that makes physical contact with the\ntenant or with any other person on the premises or ancillary\n\nResidential Tenancies Act 1999 52\n(4) The landlord must replace, or pay compensation for, any property\ndamaged by the entry of the landlord under the order, except for\nproperty used to prevent the landlord from entering the premises or\nancillary property.\n(5) Subject to subsections (3) and (4) and section 49(1) and (3), the\nlandlord is not liable criminally or civilly for an act or omission done\nin good faith in entering the premises, or ancillary property, in\naccordance with the order.\n","sortOrder":86},{"sectionNumber":"78","sectionType":"section","heading":"Assignment or sublease of premises permitted with consent","content":"78 Assignment or sublease of premises permitted with consent\n(1) Subject to this Part, it is a term of a tenancy agreement that the\ntenant may assign the tenant's interest in the agreement or sublet\nthe premises to a person with the oral or written consent of the\n(2) It is a term of a tenancy agreement that the tenant must not assign\nthe tenant's interest in the agreement or sublet the premises unless:\n(a) the landlord gives his or her written consent; or\n(b) the landlord is to be taken under section 79 to have consented\nto the assignment.\n(3) If the landlord consents or is to be taken to consent to an\nassignment or a subletting after the assignment or subletting\noccurs, the tenant is not to be taken to be or to have been in breach\nof subsection (2).\n","sortOrder":87},{"sectionNumber":"79","sectionType":"section","heading":"Consent to assignments and subletting","content":"79 Consent to assignments and subletting\n(1) A tenant may apply to the landlord for consent to an assignment of\nthe tenant's interest in the agreement or to sublet premises by\nproviding to the landlord:\n(a) the name of the person to whom it is proposed to assign the\ninterest in the agreement or sublet the premises; and\n(b) the same information in relation to the person specified under\nparagraph (a) that the tenant was requested to give to the\nlandlord in relation to the tenant's application to enter into the\n\nResidential Tenancies Act 1999 53\n(2) A landlord is to be taken to have consented to an assignment or\nsublease if:\n(a) the landlord has unreasonably refused to consent to the\nassignment or subletting; or\n(b) the landlord has been notified under subsection (1) but has\nnot given notice to the tenant within the period specified under\nsubsection (3).\n(3) The landlord may, within 28 days after the landlord first became\naware of the assignment or subletting, notify the tenant who\nassigned the interest in the agreement or sublet the premises to\nanother person, that the landlord does not consent to the\nassignment or subletting.\n(4) The Tribunal may, on the application of the landlord or the tenant,\ndeclare that the consent of the landlord to an assignment or\nsubletting was reasonably or unreasonably refused.\n","sortOrder":88},{"sectionNumber":"80","sectionType":"section","heading":"Security deposit if lease assigned","content":"80 Security deposit if lease assigned\nIf a landlord consents, or is to be taken under section 79 to have\nconsented, to the assignment by the tenant of his or her interest\nunder a tenancy agreement to another tenant under the same\nagreement, the tenant must also assign to that other tenant his or\nher interest in the security deposit paid under the agreement.\n","sortOrder":89},{"sectionNumber":"81","sectionType":"section","heading":"Unreasonable charges not to be made for assignment etc.","content":"81 Unreasonable charges not to be made for assignment etc.\n(1) A landlord must not require the tenant to pay to the landlord a\ncharge for consenting or considering an application for consent to\nan assignment or subletting that is more than the landlord's\nreasonable expenses in relation to the assignment or subletting.\n(2) The Tribunal may, on the application of a tenant:\n(a) declare that a charge required by a landlord for consenting or\nconsidering an application for consent to an assignment or\nsubletting is more than the landlord's reasonable expenses in\nrelation to the assignment or subletting; and\n(b) order that the amount charged or part of that amount be\nrefunded to or is not payable by the tenant.\n\nResidential Tenancies Act 1999 54\n","sortOrder":90},{"sectionNumber":"82","sectionType":"section","heading":"When termination occurs","content":"82 When termination occurs\n(1) A tenancy is only terminated:\n(a) if the landlord or tenant terminates the tenancy under this Act;\nor\n(b) if the Tribunal terminates the tenancy under this Act; or\n(c) if the premises are abandoned before the end of the\nagreement – on and from the date on which rent was due and\npayable in relation to the premises or the date specified in a\ndeclaration under section 108 as the date on which the\npremises were abandoned, whichever is sooner; or\n(d) if a person with superior title to the landlord's title becomes\nentitled to possession of the premises under an order of the\nTribunal; or\n(e) if a sole tenant dies without leaving in occupation of the\npremises a spouse, de facto partner, or dependants, of whose\noccupation and relationship to the sole tenant the landlord has\nbeen notified before the death; or\n(f) if a tenant gives up possession of the premises with the\nlandlord's consent; or\n(g) if the interests of all tenants merge with another estate or\ninterest in the premises.\n(2) Despite subsection (1)(e), if the sole tenant in relation to a tenancy\nthat is a tenancy within the meaning of the Housing Act 1982 dies,\nthe tenancy is terminated whether or not a spouse, de facto partner\nor dependant of the sole tenant is left in occupation of the premises.\n","sortOrder":91},{"sectionNumber":"83","sectionType":"section","heading":"Fixed term tenancy becomes periodic if not terminated","content":"83 Fixed term tenancy becomes periodic if not terminated\nA fixed tenancy agreement continues to apply to the premises on\nthe same terms on which it applied immediately before the day the\nterm ends, but as a periodic tenancy, if:\n(a) the tenancy agreement does not provide for the continuance\nof the tenancy after the day the term ends; and\n(b) a notice of intention to terminate has not been given under this\nAct in relation to the premises; and\n\nResidential Tenancies Act 1999 55\n(c) the tenant remains in occupation of the premises after the day\nthe term ends.\n","sortOrder":92},{"sectionNumber":"84","sectionType":"section","heading":"Tribunal may declare purported termination to be of no effect","content":"84 Tribunal may declare purported termination to be of no effect\nThe Tribunal may, on the application of the tenant or the landlord,\ndeclare that a purported termination of a tenancy under this Part is\nof no effect.\n","sortOrder":93},{"sectionNumber":"85","sectionType":"section","heading":"Termination of periodic tenancy effective despite inadequate","content":"85 Termination of periodic tenancy effective despite inadequate\nnotice\nA notice terminating a periodic tenancy under this Act has effect\neven though:\n(a) the period of notice is less than would, apart from this Act,\nhave been required by law; or\n(b) the date, stated in the notice, on which the tenancy is to end is\nnot the last day of a period of the tenancy.\n","sortOrder":94},{"sectionNumber":"86","sectionType":"section","heading":"If premises flooded, unsafe or uninhabitable","content":"86 If premises flooded, unsafe or uninhabitable\nA landlord may terminate a tenancy by 2 days notice in writing to\nthe tenant in accordance with section 101 if:\n(a) access to the premises to which the tenancy relates has not\nbeen available for more than 3 days because of flooding; or\n(b) continued occupation of the premises by the tenant is a threat\nto the health or safety of the tenant or members of the public\nor a threat to the safety of the landlord's property; or\n(c) the premises have become uninhabitable.\n","sortOrder":95},{"sectionNumber":"88A","sectionType":"section","heading":"Where drug premises order made","content":"88A Where drug premises order made\n(1) A landlord of drug premises as defined in section 11A of the Misuse\nof Drugs Act 1990 may terminate a tenancy in respect of the\npremises by 14 days notice to the tenant in accordance with\nsection 101 of this Act.\n\nResidential Tenancies Act 1999 56\n(2) Subsection (1) applies to an agreement to permit a person to reside\non residential premises in relation to which a drug premises order is\nin force, although the agreement is not a tenancy agreement within\nthe meaning of this Act, as if:\n(a) each resident of the premises is a tenant within the meaning\nof this Act; and\n(b) the landlord is a landlord within the meaning of this Act; and\n(c) the agreement under which the person is resident in the\npremises is a tenancy agreement under this Act.\n(3) Divisions 5, 6 and 7 of Part 11 and sections 154 and 155 apply in\nrelation to a notice issued under subsection (1) in respect of\npremises to which an agreement referred to in subsection (2)\nrelates.\n(4) An agreement referred to in subsection (2) includes a lease in\nrelation to which the Tenancy Act 1979 continues to apply by virtue\nof section 160(2).\n","sortOrder":96},{"sectionNumber":"89","sectionType":"section","heading":"Periodic tenancy, other than for breach","content":"89 Periodic tenancy, other than for breach\nA landlord may terminate a periodic tenancy without specifying a\nground for the termination by 60 days notice to the tenant in\n","sortOrder":97},{"sectionNumber":"90","sectionType":"section","heading":"Fixed term tenancy","content":"90 Fixed term tenancy\nA landlord may terminate a fixed term tenancy that is due under the\ntenancy agreement to terminate on a particular day by giving the\ntenant a notice of intention to terminate at least 60 days before that\nparticular day.\n","sortOrder":98},{"sectionNumber":"91","sectionType":"section","heading":"Employment-related tenancy","content":"91 Employment-related tenancy\n(1) A landlord may, by giving the tenant a notice of intention to\nterminate, terminate the tenancy on and from the time and date\nspecified in the notice if:\n(a) the tenant has entered into a tenancy agreement as a\ncondition or benefit associated with employment; and\n(b) the employer has terminated or purported to terminate the\nemployment of the tenant; and\n(c) the employer has notified the tenant of the termination of the\ntenant's employment.\n\nResidential Tenancies Act 1999 57\n(2) The time and date specified in the notice for the purposes of\nsubsection (1) is not to be sooner than:\n(a) if the employment of the tenant was terminated for breach of\nan employment agreement – 2 days after the notice is given;\nor\n(b) in any other case – 14 days after the notice is given or, if a\nperiod for notice of termination of the employment agreement\nis specified in the employee's conditions of employment, the\nend of that period.\n(3) This section has effect subject to the Workplace Relations Act 1996\nof the Commonwealth.\n","sortOrder":99},{"sectionNumber":"92","sectionType":"section","heading":"If premises flooded, unsafe or uninhabitable","content":"92 If premises flooded, unsafe or uninhabitable\nA tenant may terminate a tenancy by 2 days notice in writing to the\nlandlord in accordance with section 101 if:\n(a) access to the premises to which the tenancy relates has not\nbeen available for more than 3 days because of flooding; or\n(b) continued occupation of the premises by the tenant is a threat\nto the health or safety of the tenant or members of the public\nor a threat to the safety of the landlord's property; or\n(c) the premises have become uninhabitable.\n","sortOrder":100},{"sectionNumber":"92A","sectionType":"section","heading":"If domestic violence experienced","content":"92A If domestic violence experienced\n(1) A tenant may terminate the tenant's interest in a tenancy\nimmediately (or on a later specified date) by giving written notice to\nthe landlord and any co-tenants in the approved form if the tenant\nor a dependent of the tenant has experienced domestic violence.\n(2) A tenant who terminates their interest in a tenancy agreement\nunder this section is not liable under the tenancy agreement after\nthe termination date but continues to be liable for any liabilities that\nhave been accrued by the tenant under the tenancy agreement\nimmediately before the termination.\n(3) The landlord or a co-tenant may apply to the Tribunal for a\ndeclaration of the rights and liabilities between the co-tenants that\nhave accrued under the tenancy agreement immediately before the\ntermination under subsection (1).\n\nResidential Tenancies Act 1999 58\n(4) A tenancy agreement remains in place in respect of any remaining\nco-tenant after a termination under subsection (1) unless all\nremaining co-tenants elect to terminate the tenancy.\n(5) An election under subsection (4) must be given to the landlord in\nthe approved form within 7 days after the termination takes effect in\naccordance with subsection (1).\n(6) Section 101(2) and (3) do not apply to a termination under this\nsection.\n","sortOrder":101},{"sectionNumber":"94","sectionType":"section","heading":"Periodic tenancy, other than for breach","content":"94 Periodic tenancy, other than for breach\nA tenant may terminate a periodic tenancy without specifying a\nground for the termination by 14 days notice to the landlord in\n","sortOrder":102},{"sectionNumber":"95","sectionType":"section","heading":"Fixed term tenancy","content":"95 Fixed term tenancy\nA tenant may terminate a fixed term tenancy that, under the\ntenancy agreement, is due to terminate on a particular day by\ngiving the landlord a notice of intention to terminate at least 14 days\nbefore that particular day.\n","sortOrder":103},{"sectionNumber":"96","sectionType":"section","heading":"If social housing tenancy becomes available","content":"96 If social housing tenancy becomes available\nA tenant may terminate a tenancy by 14 days notice to the landlord\nin accordance with section 101 if:\n(a) the tenant had applied for a social housing tenancy before\nentering the tenancy agreement; and\n(b) the tenant, before signing the tenancy agreement, advised the\nlandlord of the tenant's application; and\n(c) an offer of a social housing tenancy has been made to the\ntenant and accepted by the tenant.\n","sortOrder":104},{"sectionNumber":"96A","sectionType":"section","heading":"Tenant's failure to pay rent","content":"96A Tenant's failure to pay rent\n(1) This section applies if a tenant breaches a term of a tenancy\nagreement by failing to pay rent and the rent has been in arrears for\nnot less than 14 days.\n\nResidential Tenancies Act 1999 59\n(2) The landlord may give the tenant a notice, signed by the landlord,\n(b) the tenant is in breach of the tenancy agreement by failing to\npay rent in accordance with the agreement and the rent is in\narrears;\n(c) the amount of rent payable by the tenant in order to remedy\nthe breach and any prescribed information relevant to that\namount;\n(d) the tenant is required to remedy the breach before the date\nspecified in the notice (which must be more than 7 days after\nthe notice is given);\n(e) if the tenant does not remedy the breach as required, the\nlandlord intends to apply to the Tribunal for an order for\ntermination of the tenancy and possession of the premises.\n(3) The notice has effect even if the landlord has not previously made a\nformal demand for payment of the rent.\n(4) If any of the following occurs after the landlord becomes aware of\nthe tenant's breach or has given the tenant the notice, the\noccurrence does not operate as a waiver of the breach or notice:\n(a) a demand by the landlord for payment of rent;\n(b) an application by the landlord to the Tribunal for recovery of\nrent;\n(c) an acceptance by the landlord of a payment of rent.\n(5) If the tenant does not remedy the breach as required by the notice,\nthe landlord may apply under section 100A for an order for\ntermination of the tenancy and possession of the premises.\n(6) The landlord must make the application no later than 14 days after\n(7) For subsection (2)(c), the Regulations may prescribe information\nthat must be given in the notice, including information about any of\nthe following:\n(a) the method of calculation of rent arrears;\n\nResidential Tenancies Act 1999 60\n(b) the method of calculation of the amount of rent payable in\norder to remedy the breach;\n(c) the date on which rent was last paid;\n(d) the date on which rent will next be payable after the breach is\nremedied.\n","sortOrder":105},{"sectionNumber":"96B","sectionType":"section","heading":"Other breach by tenant","content":"96B Other breach by tenant\n(1) This section applies if a tenant breaches a term of a tenancy\nagreement (other than a term relating to payment of rent) that:\n(a) is a term of the agreement by virtue of this Act; or\n(b) is specified to be a term a breach of which permits the\nlandlord to terminate the agreement.\n(2) The landlord may give the tenant a notice, signed by the landlord,\n(b) the tenant is in breach of the tenancy agreement;\n(c) the nature of the breach;\n(d) the tenant is required to remedy the breach, or take steps to\nthe landlord's satisfaction to do so, before the date specified in\nthe notice (which must be more than 7 days after the notice is\ngiven);\n(e) if the tenant does not remedy the breach or take steps to the\nlandlord's satisfaction to do so, as required, the landlord\nintends to apply to the Tribunal for an order for termination of\nthe tenancy and possession of the premises.\n(3) If the tenant does not remedy the breach or take steps to the\nlandlord's satisfaction to do so, as required by the notice, the\nlandlord may apply under section 100A for an order for termination\nof the tenancy and possession of the premises.\n(4) The landlord must make the application no later than 14 days after\n\nResidential Tenancies Act 1999 61\n","sortOrder":106},{"sectionNumber":"96C","sectionType":"section","heading":"Breach by landlord","content":"96C Breach by landlord\n(1) This section applies if a landlord breaches a term of a tenancy\nagreement that:\n(a) is a term of the agreement by virtue of this Act; or\n(b) is specified to be a term a breach of which permits the tenant\nto terminate the agreement.\n(2) The tenant may give the landlord a notice, signed by the tenant,\n(b) the landlord is in breach of the tenancy agreement;\n(c) the nature of the breach;\n(d) the landlord is required to remedy the breach, or take steps to\nthe tenant's satisfaction to do so, before the date specified in\nthe notice (which must be more than 7 days after the notice is\ngiven);\n(e) if the landlord does not remedy the breach or take steps to the\ntenant's satisfaction to do so, as required, the tenant intends\nto apply to the Tribunal for an order for termination of the\ntenancy and permitting the tenant to give up possession of the\n(3) If the landlord does not remedy the breach or take steps to the\ntenant's satisfaction to do so, as required by the notice, the tenant\nmay apply under section 100A for an order terminating the tenancy\nand permitting the tenant to give up possession of the premises.\n(4) The tenant must make the application no later than 14 days after\n","sortOrder":107},{"sectionNumber":"97","sectionType":"section","heading":"Serious breach by tenant","content":"97 Serious breach by tenant\n(1) The Tribunal may, on the application of a landlord, terminate a\ntenancy and make an order for possession of the premises on or\nafter the date specified in the order, being a date not less than\n7 days after the date of the order, if satisfied that:\n(a) the tenant has breached the tenancy agreement; and\n\nResidential Tenancies Act 1999 62\n(b) the breach is sufficiently serious to justify termination of the\ntenancy otherwise than in accordance with Division 2 of this\n(2) The Tribunal may, on the application of a landlord, terminate a\ntenancy and make an order for immediate possession of the\npremises if the tenant or a person while on the premises with the\nconsent of the tenant, has, intentionally or recklessly, caused or\npermitted or is likely to cause or permit:\n(a) serious damage to the premises; or\n(b) personal injury to:\n(i) the landlord; or\n(ii) a person in the vicinity of the premises.\n","sortOrder":108},{"sectionNumber":"98","sectionType":"section","heading":"Serious breach by landlord","content":"98 Serious breach by landlord\nThe Tribunal may, on the application of a tenant, terminate a\ntenancy and make an order for possession of the premises on or\nafter a date specified in the order, being a date that is not less than\n7 days after the date of the order, if satisfied that:\n(a) the landlord has committed a breach of the tenancy\n(b) the breach is sufficiently serious to justify termination of the\ntenancy otherwise than in accordance with Division 3 of this\n","sortOrder":109},{"sectionNumber":"99","sectionType":"section","heading":"Hardship","content":"99 Hardship\n(1) The Tribunal may, on the application of the landlord or a tenant,\nterminate a tenancy agreement and make an order for possession\nof the premises if satisfied that:\n(a) the continuation of the tenancy would result in undue hardship\nto the landlord or tenant; and\n(b) the circumstances of hardship had not arisen before the time\nof entering into the agreement.\n(2) If the Tribunal terminates a tenancy and makes an order for\npossession under this section, it is to specify in the order the date\non and from which the order is to have effect.\n\nResidential Tenancies Act 1999 63\nundue hardship includes:\n(a) financial hardship; and\n(b) risk to physical, psychological or mental health or to safety.\nExample for subsection (3), definition undue hardship, paragraph (b)\nA risk of domestic or family violence.\n","sortOrder":110},{"sectionNumber":"99A","sectionType":"section","heading":"Failure by tenant relating to acceptable behaviour agreement","content":"99A Failure by tenant relating to acceptable behaviour agreement\n(1) The Tribunal may, on the application of the CEO (Housing),\nterminate a tenancy under the Housing Act 1982 and make an\norder for possession of the premises if satisfied:\n(a) the tenant has failed or refused to enter into an acceptable\nbehaviour agreement as required by a notice given under\nsection 28C (1) of that Act; and\n(b) the notice requiring the tenant to enter into an acceptable\nbehaviour agreement was given in accordance with\nsection 28C of that Act.\n(2) The Tribunal may, on the application of the CEO (Housing),\nterminate a tenancy under the Housing Act 1982 and make an\norder for possession of the premises if satisfied:\n(a) the tenant has entered into an acceptable behaviour\n(b) the entry into the acceptable behaviour agreement was as a\nresult of a notice given in accordance with section 28C of that\nAct; and\n(c) the tenant has seriously or repeatedly breached the terms of\nthe acceptable behaviour agreement.\n(3) For subsection (2)(c), if the breach relates only to the behaviour of\nanother person occupying the premises with the consent of the\n(a) the Tribunal may have regard to actions taken by the tenant to\nprevent the breach by the other person, including by making\nan application for a declaration of restricted premises under\nPart VIIIA of the Liquor Act 1978; and\n\nResidential Tenancies Act 1999 64\n(b) if the Tribunal is satisfied the tenant has taken all reasonable\nactions to prevent the breach by the other person, the Tribunal\nmay be satisfied there is no breach by the tenant.\n(4) An order for possession must specify the date it takes effect.\n","sortOrder":111},{"sectionNumber":"99B","sectionType":"section","heading":"Tenant no longer eligible person","content":"99B Tenant no longer eligible person\n(1) The Tribunal may, on the application of a social housing provider,\nterminate a social housing tenancy and make an order for\npossession of the premises if satisfied:\n(a) the tenant is no longer an eligible person; and\n(b) the tenant has been given written notice of that fact by the\nprovider at least 28 days before the application was made;\nand\n(c) termination of the tenancy is appropriate in the circumstances.\n(2) In determining whether termination of a social housing tenancy is\nappropriate in the circumstances, the Tribunal must consider the\nfollowing:\n(a) the financial circumstances of the tenant;\n(b) the likelihood of the tenant becoming an eligible person in the\nfuture;\n(c) the availability of alternative accommodation for the tenant;\n(d) any measures taken by the social housing provider to support\nthe tenant to transition to alternative accommodation;\n(e) any other matters that the Tribunal considers relevant.\n(3) An order for possession must specify the date it takes effect.\n(4) In this section:\neligible person, see section 5 of the Housing Act 1982.\n","sortOrder":112},{"sectionNumber":"100","sectionType":"section","heading":"Conduct of tenant unacceptable","content":"100 Conduct of tenant unacceptable\n(1) The Tribunal may, on the application of the landlord or an interested\nperson, terminate a tenancy and make an order for possession of\nthe premises if satisfied the tenant has:\n(a) used the premises, or caused or permitted the premises to be\nused, for an illegal purpose; or\n\nResidential Tenancies Act 1999 65\n(b) repeatedly caused a nuisance on or from the premises or\nrepeatedly permitted a nuisance to be caused on or from the\n(c) repeatedly caused or repeatedly permitted an interference\nwith the reasonable peace or privacy of a person residing in\nthe immediate vicinity of the premises.\n(2) If the application is made by an interested person, the Tribunal may\nmake an order for possession of the premises only if the landlord\nhas been:\n(a) served with a copy of the application; and\n(b) given the opportunity to be heard by the Tribunal .\n(3) If the landlord objects to the Tribunal making an order for\npossession, the Tribunal may make the order only if satisfied\nexceptional circumstances justify it.\n(4) An order for possession must state the date it takes effect.\n(5) In this section:\ninterested person, for an application under this section, is a\nperson who has been adversely affected by the conduct described\nin the application.\n","sortOrder":113},{"sectionNumber":"100A","sectionType":"section","heading":"Failure to remedy breach after notice given","content":"100A Failure to remedy breach after notice given\n(1) The Tribunal may, on the application of a landlord, terminate a\ntenancy and make an order for possession if satisfied that the\n(a) has been given a notice in accordance with section 96A\nor 96B; and\n(b) has failed to remedy the breach as required by the notice.\n(2) The Tribunal may, on the application of a tenant, make an order\nterminating a tenancy and permitting the tenant to give up\npossession of the premises if satisfied that the landlord:\n(a) has been given a notice in accordance with section 96C; and\n(b) has failed to remedy the breach as required by the notice.\n\nResidential Tenancies Act 1999 66\n(3) An order for possession has effect on the date specified in the\norder, which must be no later than 5 business days after the date of\nthe order, unless the operation of the order is suspended under\nsection 105.\n","sortOrder":114},{"sectionNumber":"101","sectionType":"section","heading":"Form of notice of intention to terminate","content":"101 Form of notice of intention to terminate\n(1) A notice of intention to terminate under this Act by a landlord is\nto be signed by the landlord and is to specify:\n(a) the address of the premises subject to the tenancy; and\n(b) the date on which the tenant is required to give up vacant\npossession of the premises to the landlord; and\n(c) the prescribed information, if any; and\n(d) the ground of termination, if any.\n(2) A notice of intention to terminate under this Act by a tenant is to be\nsigned by the tenant or, if there is more than one tenant, by each of\nthem and is to specify:\n(a) the address of the premises subject to the tenancy; and\n(b) the date on which the tenant is to give up vacant possession\nof the premises to the landlord; and\n(c) the prescribed information, if any; and\n(d) the ground of termination, if any.\n(3) A notice of intention to terminate that does not comply with this\nsection is of no effect.\n","sortOrder":115},{"sectionNumber":"102","sectionType":"section","heading":"Notice may be withdrawn","content":"102 Notice may be withdrawn\nA notice of intention to terminate under this Act may be withdrawn if\na notice of the withdrawal is signed by the person who gave the\nnotice and the person to whom the notice was given.\n\nResidential Tenancies Act 1999 67\n","sortOrder":116},{"sectionNumber":"103","sectionType":"section","heading":"Tenant to give vacant possession","content":"103 Tenant to give vacant possession\n(1) If a notice of intention to terminate is given to a tenant in\naccordance with this Act and is not withdrawn or declared to be of\nno effect under section 84, the tenant ceases to be entitled to\npossession of the premises on the date specified in the notice as\nthe date on which the tenancy terminates.\n(2) If a landlord gives a tenant notice of termination under section 89\nor 90, the tenant may terminate the tenancy before the date stated\nin the notice of termination:\n(a) by written notice to the landlord stating an earlier date; and\n(b) by giving up vacant possession of the premises on the date\nstated in the tenant's notice under paragraph (a).\n(3) If the tenant gives up vacant possession in accordance with\nsubsection (2), the tenancy terminates on the day possession is\ngiven up.\n","sortOrder":117},{"sectionNumber":"104","sectionType":"section","heading":"Tribunal may make order for possession","content":"104 Tribunal may make order for possession\n(1) If the tenant does not give up vacant possession of the premises to\nthe landlord in accordance with a notice of intention to terminate\nunder section 101, the landlord may apply to the Tribunal for an\norder for possession of the premises.\n(2) If the Tribunal is satisfied that the tenancy is terminated, the\nTribunal may make an order for possession of the premises.\n(3) The order for possession has effect on a date specified in the order,\nbeing not later than 5 business days after the date of the order,\nunless the operation of the order for possession is suspended\nunder section 105.\n","sortOrder":118},{"sectionNumber":"105","sectionType":"section","heading":"Tribunal may suspend order for possession","content":"105 Tribunal may suspend order for possession\n(1) If the Tribunal is satisfied that the landlord is entitled to an order for\npossession of the premises but that the making of an order for\nimmediate possession of the premises would cause severe\nhardship to the tenant, the Tribunal may:\n(a) suspend the operation of the order for up to 90 days; and\n\nResidential Tenancies Act 1999 68\n(b) extend the operation of the tenancy agreement until the\nlandlord obtains vacant possession of the premises from the\ntenant or the tenant fails to pay rent within 7 days after the\nrent is due.\n(2) The Tribunal may only make an order under subsection (1):\n(a) if the following matters are taken into account:\n(i) whether the tenant has, during the tenancy, caused a\nnuisance or threatened or harassed neighbouring\nresidents or visitors within the locality of the premises to\nwhich the tenancy relates or caused damage to their\nproperty;\n(ii) incidents relating to the tenancy that have occurred\nduring the period of the tenancy agreement;\n(iii) the seriousness of the breach entitling the landlord to the\norder for possession;\n(iv) whether an unacceptable risk would be posed to\nneighbouring residents or visitors within the locality of\nthe premises to which the tenancy relates, or the\nproperty of the residents or visitors, if the order for\npossession was to be suspended; and\n(b) if satisfied that there are no circumstances that make it likely\nthat the tenant will be unable to pay all outstanding and future\nrent in relation to the premises.\n(3) In extending the operation of the tenancy agreement, the Tribunal\nmay make modifications to the agreement that the Tribunal thinks\nfit, other than modifications that reduce the tenant's financial\nobligations under the agreement.\n(4) If a tenancy is extended under this section and the tenant fails to\npay rent within 7 days after the rent is due, the landlord may give\nthe tenant a notice of intention to terminate at least 7 days before\nthe date specified in the notice for termination.\n(5) A tenant who receives a notice under subsection (4) must, on the\ndate specified in the notice, give up possession of the premises to\nthe landlord.\n\nResidential Tenancies Act 1999 69\n","sortOrder":119},{"sectionNumber":"106","sectionType":"section","heading":"Repossession of premises","content":"106 Repossession of premises\nA landlord must not enter premises for the purpose of taking\npossession of the premises unless:\n(a) the premises are abandoned or the tenant voluntarily gives up\npossession of the premises; or\n(b) the landlord is authorised to take possession under an order of\nthe Tribunal.\n","sortOrder":120},{"sectionNumber":"107","sectionType":"section","heading":"Right to possession not lost by forfeiture of head tenancy","content":"107 Right to possession not lost by forfeiture of head tenancy\n(1) A person is not entitled, whether under a contract for the purchase\nof residential premises or a mortgage or otherwise than under this\nAct, to take possession of residential premises subject to a tenancy\nagreement so as to defeat the tenant's right to possession under\nthe tenancy agreement, unless an order for possession of the\npremises is made by the Tribunal.\n(2) An order for possession of premises under subsection (1) may not\nbe made in respect of a tenancy agreement that is for:\n(a) a period of less than 12 months; or\n(b) if a longer period is prescribed – the longer period.\n(3) If a person is entitled to possession of residential premises as\nagainst a person who granted a tenancy, the Tribunal may, on the\napplication of an interested person, vest the landlord's interest\nunder the tenancy agreement in the person who would, but for the\nagreement, be entitled to possession of the premises so that the\ntenant holds the premises directly from that person as landlord.\n(4) An order may be made under subsection (3) on the terms and\nconditions the Tribunal thinks fit.\n","sortOrder":121},{"sectionNumber":"108","sectionType":"section","heading":"Abandoned premises","content":"108 Abandoned premises\n(1) If the landlord has reasonable grounds for believing that premises\nto which a tenancy relate have been abandoned and rent is\noutstanding in relation to the premises, the landlord may take\npossession of the premises.\n\nResidential Tenancies Act 1999 70\n(2) The Tribunal may, on the application of the landlord:\n(a) declare that the premises were abandoned on a date stated in\nthe declaration; and\n(b) make an order for immediate possession of the premises.\n(3) If a declaration is made under subsection (2), the tenant is to be\ntaken to have abandoned the premises on the date stated in the\ndeclaration.\n","sortOrder":122},{"sectionNumber":"109","sectionType":"section","heading":"Abandoned goods","content":"109 Abandoned goods\n(1) If goods are left on premises that were subject to a tenancy that is\nterminated under this Act, the landlord must store the goods in a\nsafe place and manner until:\n(a) the goods are reclaimed under subsection (5); or\n(b) the goods are auctioned under subsection (6).\nMaximum penalty: 50 penalty units.\n(2) Despite subsection (1), if the goods:\n(a) are perishable foods or have perished; or\n(b) are of a value less than a fair estimate of the cost of their\nremoval, storage and sale,\nthe landlord may remove, and destroy or dispose of, the goods.\n(3) The landlord must, within 14 days after first storing goods under\nsubsection (1), give notice in the prescribed form of the storage of\nthe goods to:\n(a) if the tenant has left a forwarding address – the tenant; and\n(b) if another person has, to the knowledge of the landlord, an\ninterest in the goods and the person's name and address are\nknown to, or reasonably ascertainable by, the landlord – that\n(4) The landlord must, within 14 days after first storing goods under\nsubsection (1), publish in a newspaper circulating generally\nthroughout the Territory notice, in the prescribed form, of the\nstorage of the goods.\n\nResidential Tenancies Act 1999 71\n(5) A person who is entitled to possession of goods stored under this\nsection may reclaim the goods by paying to the landlord:\n(a) the reasonable costs of their removal and storage; and\n(b) the cost of publishing the notice under subsection (4).\n(6) If the goods are not reclaimed within 30 days after the date on\nwhich the landlord took possession of the premises, the landlord\nmust, as soon as practicable after the end of that period, cause the\ngoods to be sold by public auction.\n(7) On the sale of the goods by public auction, the landlord may retain\nout of the proceeds of sale:\n(a) the reasonable costs of removing, storing and selling the\ngoods; and\n(b) the reasonable costs of giving notice under subsection (4);\nand\n(c) any amounts owed to the landlord under the tenancy\n(8) The landlord must pay the balance of the amount remaining after\nhe or she has retained the amounts permitted to be retained under\nsubsection (7):\n(a) to the owner of the goods; or\n(b) if the identity and address of the owner are not known to, or\nreasonably ascertainable by, the landlord – to the\nCommissioner for the credit of the Tenancy Trust Account to\nbe held on trust for the owner.\n(9) If goods are sold by public auction under this section, the purchaser\nacquires a good title to the goods that defeats:\n(a) a tenant's interest in the goods; and\n(b) another person's interests in the goods unless the purchaser\nhas actual notice of the interest before purchasing the goods.\n\nResidential Tenancies Act 1999 72\n(10) If a dispute arises between a landlord and tenant about the exercise\nof powers conferred by this section, the Tribunal may, on the\napplication of either party to the dispute, make orders resolving the\nmatters in dispute.\n","sortOrder":123},{"sectionNumber":"110","sectionType":"section","heading":"Condition report at end of tenancy","content":"110 Condition report at end of tenancy\n(1) A landlord may, within 3 business days after vacant possession is\ngiven up for premises to which a tenancy agreement relates, fill out\nand sign a condition report and give it to the tenant.\n(2) The landlord is to fill out the condition report under subsection (1) in\nthe presence of the tenant or a representative of the tenant (who is\nnot the landlord or the landlord's agent) unless it is not practical to\ndo so or the tenant or the tenant's representative does not appear\nat the agreed time.\n(3) A landlord may, within 3 business days after forming the opinion\nthat a tenant has apparently abandoned the premises to which a\ntenancy agreement relates, fill out and sign a condition report and\ngive it to the tenant by posting it to the last known residential,\nbusiness or postal address of the tenant.\n(4) A condition report is to:\n(a) specify the condition of walls, floors and ceilings in each room\nin the premises to which the tenancy agreement relates;\n(b) itemise, and specify the condition of, any fixture or chattel that\nis ancillary property; and\n(c) contain other prescribed information, if any.\n(5) A tenant or tenant's representatives may:\n(a) accept a condition report given to him or her under\nsubsection (1) or (3) by signing the report and returning it to\nthe landlord; or\n(b) if the parties are unable to agree as to the contents of the\ncondition report – refuse to accept the condition report.\n\nResidential Tenancies Act 1999 73\n(6) If, within 7 business days after the condition report has been given\nto a tenant under subsection (1) or (3), both parties have not\naccepted the report, the landlord or the tenant may apply to the\nTribunal to prepare a condition report in respect of the premises.\n(7) The Tribunal may, on receipt of an application under subsection (6),\ndirect the Commissioner to prepare a condition report in respect of\nthe premises and the ancillary property to which a tenancy\nagreement relates.\n(8) The landlord and the tenant are, for the purposes of this Act, to be\ntaken to have accepted a condition report prepared by the\nCommissioner under subsection (7).\n","sortOrder":124},{"sectionNumber":"111","sectionType":"section","heading":"Condition report conclusive of condition of premises at end of","content":"111 Condition report conclusive of condition of premises at end of\nIf a condition report is accepted or is to be taken to have been\naccepted under this Division by the landlord and a tenant, the\ncondition report is (insofar as it relates to the end of the tenancy)\nconclusive evidence of:\n(a) the condition of the premises to which the tenancy agreement\nrelates; and\n(b) the condition of any ancillary property referred to in the\ncondition report at the end of the tenancy,\nunless the Tribunal determines otherwise in a particular case.\n","sortOrder":125},{"sectionNumber":"112","sectionType":"section","heading":"When landlord may keep security deposit","content":"112 When landlord may keep security deposit\n(1) Subject to this section, a tenant is entitled to have his or her\nsecurity deposit reimbursed at the end of the tenancy agreement.\n(2) The landlord must, within 7 business days after the tenant gave up\nvacant possession of the premises or has, in the opinion of the\nlandlord, apparently abandoned the premises, reimburse to the\ntenant the amount of the security deposit, other than an amount\nthat the landlord is entitled to retain, or to continue to hold, under\nthis section.\n\nResidential Tenancies Act 1999 74\n(3) At the end of a tenancy agreement the landlord is entitled to retain\nso much of the security deposit paid by the tenant as is necessary\nto:\n(a) make good damage (other than reasonable wear and tear) to\nthe premises or to ancillary property that occurred during the\ntenancy and that was caused by a tenant or a person for\nwhose actions a tenant is liable under section 12; or\n(b) replace ancillary property lost or destroyed by the tenant or by\na person for whose actions the tenant is liable under\nsection 12; or\n(c) clean the premises or ancillary property left unreasonably dirty\nby the tenant or by a person for whose actions the tenant is\nliable under section 12; or\n(d) replace locks altered, removed or added by the tenant without\nthe consent of the landlord; or\n(e) pay for unpaid rent or for unpaid charges for electricity, gas or\nwater payable by the tenant under section 118; or\n(f) pay an amount required to be paid under section 121; or\n(g) pay money ordered by the Tribunal to be paid by a tenant but\nnot paid.\n(4) The landlord is not entitled to retain some or all of the amount of a\nsecurity deposit for a purpose referred to in subsection (3)(a), (b)\nor (c) unless:\n(a) a condition report in relation to the premises was accepted by\nthe tenant under Part 5; and\n(b) if the tenant has given up vacant possession of the premises\nor has, in the opinion of the landlord, apparently abandoned\nthe premises – a condition report has been given to the tenant\nunder section 110.\n(5) Subject to section 113(2), the landlord is not entitled to retain, or to\ncontinue to hold under subsection (6), part or all of a security\ndeposit unless, within 7 business days after the tenant gave up\nvacant possession of the premises or has, in the opinion of the\nlandlord, apparently abandoned the premises, the landlord has:\n(a) given written notice in the prescribed form, if any, of his or her\nintention to retain or continue holding so much of the security\ndeposit as is specified in the notice for the purpose specified\nin the notice; and\n\nResidential Tenancies Act 1999 75\n(b) attached a copy of a statutory declaration in the prescribed\nform, if any, attesting to the truth of the claim that the retention\nor continued holding of the security deposit is required for the\npurpose specified in the notice; and\n(c) attached a copy of a statutory declaration attesting that the\nreceipts, invoices or other documents attached to the\ndeclaration relate to:\n(i) the matters in respect of which part or all of the security\ndeposit is being withheld from the tenant; or\n(ii) the amount of unpaid rent owing under the agreement or\nmoney owing under section 121; and\n(d) in the case of damage or unreasonably dirty premises or\nancillary property – attached copies of receipts, invoices or\nother documents, including orders of the Tribunal, specifying\nthe amount required to make good the damage or clean the\npremises or ancillary property; and\n(e) returned to the tenant the proportion of security not claimed by\nthe landlord or not to be held under subsection (6).\n(6) If, in the opinion of the landlord, the tenant has abandoned the\npremises, the landlord may continue to hold on trust for the tenant\nas much of the security deposit as is necessary to ensure that the\ndeposit will be available for payment to the landlord in accordance\nwith section 122 as compensation for:\n(a) loss of the rent that the tenant would have been liable to pay\nunder the agreement if he or she had not abandoned the\npremises; and\n(b) loss caused to the landlord in securing new tenants for the\n(7) Subject to subsection (9), an amount of a security deposit held by a\nlandlord under subsection (6) is to be held on trust for the tenant\nuntil:\n(a) the Tribunal determines the distribution of the security deposit\nunder section 122; or\n(b) if the Tribunal is satisfied that all losses referred to in\nsubsection (6) may be calculated in relation to the tenancy to\nwhich the deposit relates – the Tribunal determines the\ndistribution of the deposit on the application of the tenant\n\nResidential Tenancies Act 1999 76\n(8) The landlord is not entitled to claim under section 122 part or all of\nthe amount of the loss referred to in subsection (6) unless:\n(a) the Tribunal receives an application to determine the\ndistribution of the tenant's deposit; or\n(b) the loss is claimed under section 122,\nas soon as practicable after the loss can be calculated and in any\ncase within 3 months from the date on which the tenant apparently\nabandoned the premises.\n(9) If the landlord ceases under subsection (8) to be entitled to claim\npart or all of the amount of the loss referred to in subsection (6), the\ntenant is entitled to as much of the security deposit as the landlord\ncontinued to hold on trust for the tenant under subsection (6) and\nsection 116 applies accordingly.\n(10) In this section:\nend of a tenancy agreement means, if there is a continuation of\nthe tenancy to which the tenancy agreement relates, at the end of\nthe continuation.\n","sortOrder":126},{"sectionNumber":"113","sectionType":"section","heading":"Tribunal may deal with disputes relating to security deposits","content":"113 Tribunal may deal with disputes relating to security deposits\n(1) A tenant may apply to the Tribunal for the return of some or all of\nthe money paid as a security deposit and the return of the interest\nto which the tenant is entitled under section 114:\n(a) after the tenant has received a notice from the landlord under\nsection 112(5); or\n(b) if the tenant has not received notice under section 112(5)\nwithin 7 business days after the tenant gave up vacant\npossession of the premises or, in the opinion of the landlord,\napparently abandoned the premises.\n(2) Despite section 112(5), the Tribunal may permit a landlord to retain\nan amount of a security deposit for a purpose specified in\nsection 112(3)(d), (e), (f) or (g), although the landlord has not given\nthe tenant a notice under section 112(5) for that purpose, if the\nTribunal is satisfied that the circumstances of the failure to give the\nnotice are such that the landlord ought, despite the failure, be\npermitted to retain such an amount.\n\nResidential Tenancies Act 1999 77\n","sortOrder":127},{"sectionNumber":"114","sectionType":"section","heading":"Interest on security deposit","content":"114 Interest on security deposit\nIf interest accrues in relation to an amount paid as a security\ndeposit held in an interest-bearing trust account, other than an\naccount established under section 50 of the Agents Licensing\nAct 1979, the landlord must ensure that the interest is paid:\n(a) to the person specified in the tenancy agreement as the\nperson to whom the interest is to be paid; or\n(b) if a tenancy agreement does not specify to whom the interest\nmust be paid – to the parties to the tenancy agreement who,\nat the end of the tenancy, are entitled under this Act to receive\nthe greater part of the amount paid as the security deposit.\n","sortOrder":128},{"sectionNumber":"115","sectionType":"section","heading":"Claims on behalf of co-tenants","content":"115 Claims on behalf of co-tenants\n(1) A tenant who is authorised in writing to do so by another tenant\nunder the same tenancy agreement (in this section called a\nco-tenant) may claim that co-tenant's proportion of the security\ndeposit on that co-tenant's behalf.\n(2) A landlord must return to a tenant authorised by a co-tenant under\nsubsection (1) the proportion of the security deposit the co-tenant is\nentitled to have returned to him or her.\n","sortOrder":129},{"sectionNumber":"116","sectionType":"section","heading":"If person owed security cannot be found","content":"116 If person owed security cannot be found\n(1) Subject to section 34, if all or part of a security deposit to which a\ntenant is entitled under this Act has not been returned by the\nlandlord to the tenant within 6 months after the date of termination\nof the tenancy, the landlord must ensure that, within 28 days after\nthat period expires, the money is placed in the Tenancy Trust\nAccount to be held on trust for the tenant.\n(2) Subject to section 34, if all or part of a security deposit that is being\nheld by a landlord's agent and to which a landlord is entitled under\nthis Act has not been given to the landlord by the agent within\n6 months after the date of termination of the tenancy to which the\ndeposit relates, the landlord's agent must ensure that, within\n28 days after that period expires, the money is placed in the\nTenancy Trust Account to be held on trust for the landlord.\n(3) The Tribunal may, on the application of a tenant or a landlord in\nrelation to whom a security deposit is placed in the Tenancy Trust\nAccount under this section, determine:\n(a) the proportion of the security deposit paid into the Tenancy\nTrust Account to which the landlord or tenant is entitled; and\n\nResidential Tenancies Act 1999 78\n(b) the person to whom interest on the security deposit is payable\nin accordance with this Act and the amount of the interest,\nwhich is to be determined as prescribed.\n(4) The Accountable Officer within the meaning of the Financial\nManagement Act 1995 of the Agency allotted the administration of\nthis Act is to pay to the tenant or the landlord the amount\ndetermined by the Tribunal in accordance with subsection (3).\n","sortOrder":130},{"sectionNumber":"116A","sectionType":"section","heading":"Tenancy Trust Account offence","content":"116A Tenancy Trust Account offence\nA person commits an offence if the person contravenes\nsection 116(1).\n","sortOrder":131},{"sectionNumber":"117","sectionType":"section","heading":"Payment of electricity, gas or water charges","content":"117 Payment of electricity, gas or water charges\nA landlord must not require a tenant to pay for charges, levies,\nrates or taxes, other than a charge payable by the owner or\noccupier of premises for electricity, gas or water supplied to the\n","sortOrder":132},{"sectionNumber":"118","sectionType":"section","heading":"No charges payable unless specified in agreement","content":"118 No charges payable unless specified in agreement\n(1) A tenant is only required to pay the landlord for a charge payable by\nthe owner or occupier of premises for electricity, gas or water\nsupplied to the premises during the tenancy:\n(a) if the tenant is required to do so under the tenancy agreement;\nand\n(b) if the owner would be liable, including by way of a statutory\ncharge or overriding statutory charge within the meaning of\nthe Land Title Act 2000, to pay for the charge if it were not\npaid by the tenant; and\n(c) if the premises to which the agreement relates are individually\nmetered for the service or facility to which the charge relates\nor the agreement states:\n(i) the service or facility for which the charges are payable;\nand\n\nResidential Tenancies Act 1999 79\n(ii) the method of determining the apportionment of the\ncharge; and\n(iii) how the charge may be recovered by the landlord from\nthe tenant.\n(2) A landlord must not request from a tenant an amount for a charge\npayable by the owner or occupier of premises for electricity, gas or\nwater supplied to the premises unless the amount is calculated in\naccordance with the tenancy agreement.\n(3) A landlord who receives money from a tenant for electricity, gas or\nwater supplied to the premises must pay the money to the person\nto whom the money is owing by the tenant unless the landlord has\nalready paid the money owing.\n","sortOrder":133},{"sectionNumber":"119","sectionType":"section","heading":"Tribunal may determine charges payable","content":"119 Tribunal may determine charges payable\nThe Tribunal may, on the application of a landlord or tenant:\n(a) determine the proportion of a charge that is payable by the\nowner or occupier of premises for electricity, gas or water\nsupplied to the premises and that the tenant is required to pay\nto the landlord in accordance with this Act and the tenancy\n(b) order that money be paid or refunded to the tenant\naccordingly.\n","sortOrder":134},{"sectionNumber":"120","sectionType":"section","heading":"Duty of mitigation","content":"120 Duty of mitigation\nThe rules of the law of contract about mitigation of loss or damage\non breach of a contract apply to a breach of a tenancy agreement.\n","sortOrder":135},{"sectionNumber":"121","sectionType":"section","heading":"Compensation if tenant fails to vacate premises","content":"121 Compensation if tenant fails to vacate premises\n(1) If a tenant fails to hand over vacant possession of premises after he\nor she is required by or under this Act to do so, the landlord is\nentitled to receive from the tenant:\n(a) compensation for any loss or expense incurred by the landlord\nby the failure; and\n\nResidential Tenancies Act 1999 80\n(b) an amount equivalent to the rent that would have been\npayable by the tenant for the premises for the period the\ntenant remains in possession after termination of the\n(2) The Tribunal may, on the application of a landlord, make an order\nrequiring a tenant to pay to the landlord the amount the Tribunal\nconsiders is payable under subsection (1).\n","sortOrder":136},{"sectionNumber":"122","sectionType":"section","heading":"Compensation and civil penalties","content":"122 Compensation and civil penalties\n(1) Subject to subsection (2), the Tribunal may, on the application of a\nlandlord or the tenant under a tenancy agreement, order\ncompensation for loss or damage suffered by the applicant be paid\nto the applicant by the other party to the agreement because:\n(a) the other party has failed to comply with the agreement or an\nobligation under this Act relating to the tenancy agreement; or\n(b) the applicant has paid to the other party more than the\napplicant is required to pay to that other party in accordance\nwith this Act and the agreement.\n(2) A party may not apply under subsection (1) for:\n(a) compensation payable under section 121; or\n(b) loss or damage suffered by reason of a breach of the\nlandlord's duty to repair, unless notice under 58(1) has been\n(3) In determining whether to order the payment of compensation to a\nparty, the Tribunal must take into account each of the following:\n(a) whether the person from whom the compensation is claimed\nhas taken all reasonable steps to comply with his or her\nobligations under this Act and the tenancy agreement, being\nobligations in respect of which the claim is made;\n(b) in the case of a breach of a tenancy agreement or this Act –\nwhether the applicant has consented to the failure to comply\nwith obligations in respect of which the claim is made;\n(c) whether money has been paid to or recovered by the applicant\nby way of compensation, including any money recovered or\nentitled to be recovered from the security deposit paid under\nthe tenancy agreement;\n\nResidential Tenancies Act 1999 81\n(d) whether a reduction or refund of rent or other allowance has\nbeen made to or by the applicant in respect of the tenancy\nagreement;\n(e) whether an action was taken by the applicant to mitigate the\nloss or damage;\n(f) any tender of compensation;\n(g) if the claim is made in respect of damages to the premises to\nwhich the tenancy agreement relates – any action taken by\nthe person from whom the compensation is claimed to repair\nthe damage at his or her own expense.\n(4) If a party to a tenancy agreement is found guilty of an offence\nagainst this Act by a court, that court, another court or the Tribunal\nmay, on the application of the other party to the agreement, order\nthe person convicted to pay to the applicant compensation for any\nloss or damage suffered by the applicant because of the\ncommission of the offence.\n(5) The Tribunal is not to make an order under this section:\n(a) for the payment of compensation in respect of death, physical\ninjury, pain or suffering; or\n(b) in respect of a failure to pay rent unless:\n(i) the rent has been unpaid for at least 14 days after it is\ndue and payable; or\n(ii) the tenant has failed on at least 2 previous occasions to\npay rent under the same agreement within 14 days after\nit was due and payable; or\n(c) in respect of a termination of a fixed term tenancy before the\nend of the tenancy agreement, ordering the payment by the\ntenant of more than:\n(i) if less than half of the agreed term of the tenancy\nagreement has elapsed – 28 days rent; or\n(ii) otherwise – 14 days rent.\n(6) For subsection (5)(c), an order may only be made to the extent the\nlandlord establishes an actual loss, having regard to the landlord's\nobligation to mitigate its losses.\n\nResidential Tenancies Act 1999 82\n","sortOrder":137},{"sectionNumber":"123","sectionType":"section","heading":"Definitions","content":"123 Definitions\nIn this Part:\ndatabase means a system, device or other thing used for storing\ninformation, whether electronically or in some other form.\ndatabase operator means an entity that operates a tenancy\ndatabase.\nlist, in relation to personal information:\n(a) means enter the personal information into a tenancy database\nor give the personal information to a database operator or\nsomeone else to enter into a tenancy database; and\n(b) includes amend personal information already in a tenancy\ndatabase to include additional personal information about the\npersonal information:\n(a) means information or an opinion, whether true or not, about an\nindividual whose identity is apparent, or can reasonably be\nascertained, from the information or opinion; and\n(b) includes an individual's name.\ntenancy database means a database:\n(a) that contains personal information:\n(i) relating to, or arising from, the occupation of premises\nunder a tenancy agreement; or\n(ii) entered into the database for reasons relating to, or\narising from, the occupation of premises under a tenancy\n(b) that is intended to be used by landlords to check a person's\ntenancy history to decide whether to enter into a tenancy\nagreement with the person.\n\nResidential Tenancies Act 1999 83\n","sortOrder":138},{"sectionNumber":"124","sectionType":"section","heading":"Application of Criminal Code","content":"124 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nNote for section 124\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":139},{"sectionNumber":"125","sectionType":"section","heading":"Application of Part","content":"125 Application of Part\nThis Part does not apply to a tenancy database kept by an entity\n(including a department of the government of a State or Territory)\nfor use only by that entity or its officers, employees or agents.\n","sortOrder":140},{"sectionNumber":"126","sectionType":"section","heading":"Notice of usual use of database","content":"126 Notice of usual use of database\n(a) a person (the potential tenant) applies to a landlord to enter\ninto a tenancy agreement; and\n(b) the landlord usually uses one or more tenancy databases to\ndecide whether to enter into a tenancy agreement with a\n(2) When the application is made, the landlord must give the potential\ntenant written notice stating the following:\n(a) the name of each tenancy database the landlord may use to\ndecide whether to enter into a tenancy agreement with a\nperson;\n(b) that the landlord uses each database to check a potential\ntenant's tenancy history;\n(c) how the potential tenant may contact and obtain information\nfrom the database operator for each database.\n(3) Subsection (2) applies in relation to a tenancy database whether or\nnot the landlord intends to use the database to decide whether to\nenter into a tenancy agreement with the potential tenant.\n(4) However, the landlord need not give notice under subsection (2) if\nthe landlord has given the potential tenant written notice stating the\nmatters mentioned in the subsection not more than 7 days before\nthe application was made.\n\nResidential Tenancies Act 1999 84\n(5) A landlord commits an offence if the landlord fails to give notice in\naccordance with this section.\n(6) An offence against subsection (5) is an offence of strict liability.\n","sortOrder":141},{"sectionNumber":"127","sectionType":"section","heading":"Notice of listing if database used","content":"127 Notice of listing if database used\n(a) a landlord uses a tenancy database to check whether\npersonal information about a potential tenant is in the\ndatabase; and\n(b) personal information about the potential tenant is in the\ndatabase.\n(2) As soon as possible but within 7 days after using the tenancy\ndatabase, the landlord must give the potential tenant written notice\n(a) the name of the database;\n(b) that personal information about the potential tenant is in the\ndatabase;\n(c) the name of each person identified in the database as a\nperson who listed the personal information;\n(d) how and in what circumstances the potential tenant can have\nthe personal information amended or removed under this Part.\n(3) A landlord commits an offence if the landlord fails to give notice in\naccordance with this section.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) In this section:\npotential tenant, see section 126.\n\nResidential Tenancies Act 1999 85\n","sortOrder":142},{"sectionNumber":"128","sectionType":"section","heading":"Listing can be made only for particular breaches by particular","content":"128 Listing can be made only for particular breaches by particular\npersons\n(1) A landlord or database operator must not list personal information\nabout a person in a tenancy database unless:\n(a) the person was named as a tenant in a tenancy agreement\nthat has ended; and\n(b) the person breached the tenancy agreement; and\n(ba) the person was a tenant at the time of the breach; and\n(c) at least one of the following applies:\n(i) the person agreed in writing to the listing;\n(ii) the Tribunal found that the person personally breached\nthe tenancy agreement and, because of that breach:\n(A) the person owed the landlord an amount of money\nthat was more than the security deposit; or\n(B) the Tribunal made an order terminating the tenancy\n(d) the personal information:\n(i) relates only to the breach; and\n(ii) indicates the nature of the breach; and\n(iii) is accurate, complete and unambiguous.\nExamples for subsection (1)(d)(ii)\nPersonal information in a tenancy database indicates the nature of the breach if it\nincludes a reference to the following:\n(a) \"rent arrears\" – for a person who has breached a tenancy agreement by\nfailing to pay rent;\n(b) \"damage to premises\" – for a person who has breached a tenancy\nagreement by damaging premises.\n(2) A person commits an offence if the person:\n(b) lists personal information about a person in a tenancy\ndatabase other than in accordance with subsection (1).\n\nResidential Tenancies Act 1999 86\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) A person commits an offence if the person:\n(b) while a tenancy agreement is in place, threatens to list\npersonal information about a tenant in a tenancy database.\n(5) An offence against subsection (4) is an offence of strict liability.\n","sortOrder":143},{"sectionNumber":"129","sectionType":"section","heading":"Further restriction on listing","content":"129 Further restriction on listing\n(1) A landlord or database operator must not list personal information\nabout a person in a tenancy database unless the landlord or\ndatabase operator:\n(a) has, without charging a fee:\n(i) given the person a copy of the personal information in\nthe approved form; or\n(ii) taken other reasonable steps to disclose the personal\ninformation to the person; and\n(b) has given the person at least 28 days to review the personal\ninformation and make submissions objecting to its entry into\nthe database or about its accuracy, completeness or clarity;\nand\n(c) has considered any submissions made.\n(2) Subsection (1) does not apply if the landlord or database operator\ncannot locate the person after making reasonable enquiries.\n(3) Subsection (1)(b) and (c) do not apply:\n(a) to information that, at the time of listing, is also publicly\navailable from court or Tribunal records; or\n(b) to a listing involving only an amendment of personal\ninformation under section 130.\n(4) A person commits an offence if the person:\n\nResidential Tenancies Act 1999 87\n(b) lists personal information about a person in a tenancy\ndatabase other than in accordance with this section.\n(5) An offence against subsection (4) is an offence of strict liability.\n","sortOrder":144},{"sectionNumber":"130","sectionType":"section","heading":"Ensuring quality of listing – landlord's obligation","content":"130 Ensuring quality of listing – landlord's obligation\n(1) This section applies if a landlord becomes aware that personal\ninformation listed in a tenancy database by the landlord is\ninaccurate, incomplete, ambiguous or out-of-date.\n(2) Within 7 days after becoming aware that the information is\ninaccurate, incomplete, ambiguous or out-of-date, the landlord must\ngive the database operator of the tenancy database written notice\n(a) that the information is inaccurate, incomplete, ambiguous or\nout-of-date;\n(b) if the information is inaccurate, incomplete or ambiguous –\nhow the information must be amended so that it is no longer\ninaccurate, incomplete or ambiguous;\n(c) if the information is out-of-date – that the information must be\nremoved.\nExample for subsection (2)\nA tenant owes a landlord an amount that is more than the security deposit. The\nlandlord lists the unpaid amount in a tenancy database. The tenant pays the\nlandlord the amount owed more than 3 months after it became payable. Within\n7 days after becoming aware of the payment, the landlord must give the\ndatabase operator written notice stating:\n(a) that the personal information is inaccurate; and\n(b) the details of the payment to be included in the personal information so\nthat it is no longer inaccurate.\n(3) The landlord must keep a copy of the notice for 1 year after it is\n(4) In this section:\ninaccurate, in relation to personal information in a tenancy\ndatabase, includes information that is inaccurate because it shows\nthat the person owes a landlord an amount, but the amount owed\nwas paid more than 3 months after the amount became payable.\n\nResidential Tenancies Act 1999 88\nout-of-date, in relation to personal information in a tenancy\ndatabase, means the information is out-of-date because:\n(a) it shows that the person owes a landlord an amount, but the\namount owed was paid to the landlord within 3 months after\nthe amount became payable; or\n(b) it was listed in accordance with section 128(1)(c)(ii), but the\norder was set aside by a court or the Tribunal.\n","sortOrder":145},{"sectionNumber":"131","sectionType":"section","heading":"Ensuring quality of listing – database operator's obligation","content":"131 Ensuring quality of listing – database operator's obligation\nIf a landlord gives a database operator written notice under\nsection 130, the operator must amend or remove the personal\ninformation as stated in the notice within 14 days after the notice is\n","sortOrder":146},{"sectionNumber":"132","sectionType":"section","heading":"Providing copy of personal information listed","content":"132 Providing copy of personal information listed\n(1) A landlord who lists personal information about a person in a\ntenancy database must give the person a copy of the information if\nthe person asks for the information in writing, unless the landlord\ncharges a fee for giving the information and the fee is not paid.\n(2) A database operator who keeps personal information about a\nperson in a tenancy database must give the person a copy of the\ninformation if the person asks for the information in writing, unless\nthe operator charges a fee for giving the information and the fee is\nnot paid.\n(3) The landlord or database operator must give the copy of the\ninformation to the person within 14 days after the later of:\n(a) the day the person asks for the information in writing; and\n(b) if a fee is charged for giving the information – the day the fee\nis paid.\n(4) A fee charged by a landlord or a database operator for giving\npersonal information under this section:\n(a) must not be excessive; and\n(b) must not apply to lodging a request for the information.\n\nResidential Tenancies Act 1999 89\n","sortOrder":147},{"sectionNumber":"133","sectionType":"section","heading":"Keeping personal information listed","content":"133 Keeping personal information listed\n(1) A database operator must not keep personal information about a\nparticular person in the operator’s tenancy database for longer than\nthe shorter of:\n(a) 3 years; or\n(b) the period ending when the information must be removed\nunder the Australian Privacy Principles as defined in the\nPrivacy Act 1988 (Cth).\n(2) However, a database operator may keep a person's name in the\noperator's tenancy database for longer than the period allowed\nunder subsection (1) if:\n(a) other personal information about the person in the database is\nattached to the name; and\n(b) the other personal information is not required to be removed\nunder subsection (1) or by another law.\n(3) A database operator commits an offence if the operator keeps\npersonal information about a person in the operator's tenancy\ndatabase other than in accordance with this section.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) This section does not limit the operation of another provision of this\nPart or another law that requires the removal of the personal\ninformation.\n","sortOrder":148},{"sectionNumber":"134","sectionType":"section","heading":"Powers of Tribunal","content":"134 Powers of Tribunal\n(1) A person may apply to the Tribunal for an order under this section if\npersonal information about the person is, or is proposed to be,\nlisted in a tenancy database.\n(2) The Tribunal may make any orders it considers appropriate to\nensure that a landlord or database operator complies with this Part,\nincluding an order:\n(a) prohibiting a landlord or database operator from listing\npersonal information about a person in a tenancy database; or\n(b) requiring a landlord or database operator to amend or remove\npersonal information about a person that is, or is to be, listed\nin a tenancy database.\n\nResidential Tenancies Act 1999 90\n(2A) Without limiting subsection (2)(b), the Tribunal may order a\ndatabase operator to remove personal information about a person\nwho previously agreed to its inclusion under section 128(1)(c)(i), if\nthe person:\n(a) has experienced domestic violence; and\n(b) is not personally responsible for the breach of the tenancy\nagreement that gave rise to the listing.\n(3) If the Tribunal makes an order against a person who is not a party\nto the proceeding, the Tribunal may order a party to give a copy of\nthe decision or order of the Tribunal to that person within a stated\nperiod.\n","sortOrder":149},{"sectionNumber":"135","sectionType":"section","heading":"Claims of privilege under this Part","content":"135 Claims of privilege under this Part\n(1) In a proceeding before the Tribunal under this Part:\n(a) sections 71 and 72 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014 do not apply; and\n(b) a person is not excused from giving evidence or producing\nevidentiary material on the ground that the evidence or\nevidentiary material may tend to incriminate the person in\nrelation to an offence against this Part.\n(2) However, evidence and evidentiary material is not admissible as\nevidence against a person in a criminal proceeding for an offence\nagainst this Part if the evidence or evidentiary material:\n(a) was given or produced by the person before the Tribunal\nunder this Part; and\n(b) may tend to incriminate the person in relation to the offence.\n","sortOrder":150},{"sectionNumber":"136","sectionType":"section","heading":"No internal review under this Part","content":"136 No internal review under this Part\nPart 5, Division 1 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a decision of the Tribunal under\nthis Part.\n\nResidential Tenancies Act 1999 91\nPart 15 Termination for purposes under the Housing\nAct 1982\nDivision 1 Application to public housing\n137 Application\nThis Part applies in relation to a tenancy agreement for residential\naccommodation entered into under the Housing Act 1982 between\nthe CEO (Housing) and a tenant.\n","sortOrder":151},{"sectionNumber":"Div 2","sectionType":"division","heading":"Renovation, replacement or demolition of public","content":"Division 2 Renovation, replacement or demolition of public\nhousing\n","sortOrder":152},{"sectionNumber":"138","sectionType":"section","heading":"Termination for renovation, replacement or demolition","content":"138 Termination for renovation, replacement or demolition\nThe CEO (Housing) may terminate a tenancy agreement in\naccordance with this Division if the CEO (Housing) requires vacant\npossession of the premises for the purpose of renovation,\nreplacement or demolition of the premises.\nNote for section 138\nSection 14(1) of the Housing Act 1982 allows the CEO (Housing) to delegate its\npowers and functions under this Act.\n","sortOrder":153},{"sectionNumber":"139","sectionType":"section","heading":"Process for termination","content":"139 Process for termination\n(1) The CEO (Housing) must not terminate a tenancy agreement under\nthis Division unless:\n(a) the CEO (Housing) has taken reasonable steps to consult with\nthe tenant or the occupier of the premises in accordance with\nsubsection (2); and\n(b) the CEO (Housing) has given the tenant or the occupier of the\npremises a notice of intention to terminate with the additional\ninformation specified in subsection (3); and\n(c) the CEO (Housing) has undertaken to enter into a new\ntenancy agreement with the tenant or the occupier of the\npremises, in accordance with subsection (4), for either return\nto the renovated premises or occupation of new premises; and\n(d) transitional accommodation acceptable to the tenant or the\noccupier of the premises is available for occupation in\naccordance with section 140; and\n\nResidential Tenancies Act 1999 92\n(e) the CEO (Housing) and the tenant or the occupier of the\npremises have agreed to a date for vacant possession of the\n(2) Before giving the notice of intention to terminate, the CEO\n(Housing) must take reasonable steps to consult with the tenant or\nthe occupier of the premises about the following:\n(a) the renovation, replacement or demolition of the premises;\n(b) the process for termination under this Division;\ntenancy agreement with the tenant or occupier of the\npremises;\n(d) the transitional accommodation being offered to the tenant or\noccupier of the premises;\n(e) the rights of the tenant or occupier of the premises during this\nprocess;\n(f) any questions the tenant or occupier of the premises may\nhave about the matters in paragraphs (a) to (e).\n(3) The notice of intention to terminate must also include the following\ninformation:\n(a) a summary of the renovation, replacement or demolition work\nto be done to the premises;\n(b) a summary of the process to terminate the tenancy;\ntenancy agreement with the tenant or occupier of the premises\nand the terms of the new tenancy agreement;\n(d) a clear explanation of the rights of the tenant or occupier of\nthe premises to transitional accommodation;\n(e) a clear explanation of the right of the tenant or occupier of the\npremises to remain in possession of the premises under\nsection 141;\n(f) the expected date when the tenant or occupier of the premises\ncan move into the transitional accommodation;\n(g) a clear explanation that the CEO (Housing) will pay for the\nreasonable moving costs;\n\nResidential Tenancies Act 1999 93\n(h) a clear explanation of the effect of section 142 regarding the\nsecurity deposit.\n(4) The CEO (Housing) must give the tenant or occupier of the\npremises a written undertaking to enter into a new tenancy\nagreement that explains the terms of the new tenancy agreement.\n(5) The CEO (Housing) must pay the reasonable expenses of the\ntenant or occupier of the premises to move to the transitional\naccommodation and to the renovated premises or new premises.\n","sortOrder":154},{"sectionNumber":"140","sectionType":"section","heading":"Transitional accommodation","content":"140 Transitional accommodation\n(1) The CEO (Housing) must offer the tenant or occupier of the\npremises, without charge, transitional accommodation from the time\nof vacant possession of the premises until the renovated premises\nor new premises is available.\n(2) If the tenant or occupier of the premises accepts the transitional\naccommodation, the CEO (Housing) must offer to enter into an\nagreement regarding the terms of that accommodation.\n(3) Despite any provision to the contrary, an agreement referred to in\nsubsection (2) is not a tenancy agreement and is not subject to this\nAct.\n","sortOrder":155},{"sectionNumber":"141","sectionType":"section","heading":"Right to possession","content":"141 Right to possession\nThe tenant or occupier of the premises is entitled to remain in\npossession of the premises until the later of the following:\n(a) the date for vacant possession of the premises agreed by the\nCEO (Housing) and the tenant or occupier;\n(b) the date the transitional accommodation is available.\n","sortOrder":156},{"sectionNumber":"142","sectionType":"section","heading":"Security deposit","content":"142 Security deposit\nDespite section 112, within 7 days of terminating a tenancy\nagreement under this Division, the CEO (Housing) must repay any\nmoney paid as a security deposit for the premises unless the tenant\nconsents to the money being retained in trust as a deposit under\nthe new tenancy agreement.\n","sortOrder":157},{"sectionNumber":"143","sectionType":"section","heading":"Disapplication of section 84","content":"143 Disapplication of section 84\nSection 84 does not apply to termination of a tenancy agreement\nunder this Division.\n\nResidential Tenancies Act 1999 94\n","sortOrder":158},{"sectionNumber":"144","sectionType":"section","heading":"Grounds for relocation","content":"144 Grounds for relocation\n(1) The CEO (Housing) may terminate a tenancy agreement in\naccordance with this Division if the CEO (Housing) offers to\nrelocate the tenant or occupier of the premises to other\naccommodation because:\n(a) the premises have more bedrooms than the tenant or occupier\nneeds and the other accommodation would have a suitable\nnumber of bedrooms; or\n(b) the premises do not meet the social, physical, psychological or\nmedical needs of the tenant or occupier and the other\naccommodation would be better suited to those needs; or\n(c) the premises or neighbours pose a risk to the health or safety\nof the tenant or occupier and the other accommodation would\nbe safer.\n(2) The CEO (Housing) may terminate a tenancy agreement in\naccordance with this Division if the CEO (Housing) offers to\nrelocate the tenant or occupier of the premises to other\naccommodation because the tenant or occupier engaged in the\nfollowing conduct:\n(a) any unacceptable conduct as specified in section 100(1)(a),\n(b) or (c);\n(b) any anti-social behaviour specified in section 28A of the\nHousing Act 1982.\nNote for section 144\nSection 14(1) of the Housing Act 1982 allows the CEO (Housing) to delegate its\npowers and functions under this Act.\n","sortOrder":159},{"sectionNumber":"145","sectionType":"section","heading":"Process for termination","content":"145 Process for termination\n(1) The CEO (Housing) must not terminate a tenancy agreement under\nthis Division unless:\n(a) the CEO (Housing) has given the tenant or occupier of the\npremises a notice of intention to terminate with the additional\ninformation specified in subsection (2); and\n(b) the CEO (Housing) has undertaken to enter into a new\ntenancy agreement with the tenant or occupier of the\npremises, in accordance with subsection (3), for the other\naccommodation; and\n\nResidential Tenancies Act 1999 95\n(c) the CEO (Housing) has considered and determined any\nsubmissions under section 147.\n(2) The notice of intention to terminate must also include the following\ninformation:\n(a) the reasons for the tenant's relocation;\n(b) the process for termination under this Division;\ntenancy agreement with the tenant or occupier of the premises\nand the terms of the new tenancy agreement;\n(d) a clear explanation that the CEO (Housing) will pay for the\nreasonable moving costs;\n(e) a clear explanation of the right of the tenant or occupier of the\npremises to remain in possession of the premises under\nsection 146;\n(f) the expected date when the tenant or occupier of the premises\ncan move into the other accommodation;\n(g) a clear explanation of the right to make submissions under\nsection 147;\n(h) a clear explanation of the effect of section 148 regarding the\nsecurity deposit.\n(3) The CEO (Housing) must give the tenant or occupier of the\npremises a written undertaking to enter into a new tenancy\nagreement that explains the terms of the new tenancy agreement.\n(4) The CEO (Housing) must pay the reasonable expenses of the\ntenant or occupier of the premises to move to the other\naccommodation.\n","sortOrder":160},{"sectionNumber":"146","sectionType":"section","heading":"Right to possession","content":"146 Right to possession\nThe tenant or occupier of the premises is entitled to remain in\npossession of the premises until:\n(a) the date for vacant possession of the premises agreed by the\nCEO (Housing) and the tenant or occupier; or\n(b) if there is no agreement and no submission is made under\nsection 147 – 14 days after the date the tenant or occupier is\ngiven the notice of intention to terminate; or\n\nResidential Tenancies Act 1999 96\n(c) if there is no agreement and a submission is made under\nsection 147 – 14 days after the date the tenant or occupier is\ngiven notice of the decision of the CEO (Housing) under that\nsection.\n","sortOrder":161},{"sectionNumber":"147","sectionType":"section","heading":"Submissions on relocation","content":"147 Submissions on relocation\n(1) Within 14 days of being given a notice of intention to terminate\nunder this Division, the tenant or occupier of the premises may\nsubmit reasons to the CEO (Housing) why:\n(a) the tenant or occupier should not be relocated; or\n(b) the tenancy agreement should not be terminated.\n(2) The submissions may be made orally or in writing.\n(3) After considering the request and any representations made, the\nCEO (Housing) may:\n(a) proceed with the notice of intention to terminate the tenancy\n(b) withdraw the notice of intention to terminate the tenancy\n(c) amend the notice of intention to terminate the tenancy\nagreement with a new undertaking that offers different\naccommodation from that previously offered.\n(4) The CEO (Housing) must give the tenant or occupier of the\npremises written notice of the results of a determination under\nsubsection (3).\n","sortOrder":162},{"sectionNumber":"148","sectionType":"section","heading":"Security deposit","content":"148 Security deposit\nDespite section 112(1) and (2), the CEO (Housing) is entitled to\nretain in trust any security deposit previously paid by the tenant, as\na security deposit under the tenancy agreement for the other\naccommodation.\n","sortOrder":163},{"sectionNumber":"149","sectionType":"section","heading":"Tribunal's additional power under section 84","content":"149 Tribunal's additional power under section 84\nThe Tribunal may, on the application of the tenant under section 84,\ndeclare that the termination has no effect unless the CEO (Housing)\namends its notice of intention to terminate with a new offer of other\naccommodation that the Tribunal considers more appropriate.\n\nResidential Tenancies Act 1999 97\n","sortOrder":164},{"sectionNumber":"154","sectionType":"section","heading":"Service of notices","content":"154 Service of notices\nUnless otherwise provided by or under this Act, a notice required by\nor under this Act to be given to a person may be:\n(a) delivered personally to the person; or\n(b) left at the person's usual or last known place of residence or\nbusiness with a person apparently over the age of 16 years\nand apparently residing or employed at that place; or\n(c) sent by post addressed to the person's usual or last known\nplace of residence or business; or\n(d) in the case of a body corporate:\n(i) for a company within the meaning of the Corporations\nAct 2001 (Cth) – by serving it in accordance with\nsection 109X of that Act; or\n(ii) for a registered body within the meaning of the\nCorporations Act 2001 (Cth) – by serving it in\naccordance with section 601CX of that Act; or\n(e) given by electronic communication in accordance with the\nElectronic Transactions (Northern Territory) Act 2000.\n","sortOrder":165},{"sectionNumber":"155","sectionType":"section","heading":"Notice to one tenant or landlord sufficient","content":"155 Notice to one tenant or landlord sufficient\nIf 2 or more persons are the landlords or tenants under a tenancy\nagreement, a notice or other document is duly given if given to any\none of them.\n","sortOrder":166},{"sectionNumber":"156","sectionType":"section","heading":"Right to be notified of change of landlord's name or address","content":"156 Right to be notified of change of landlord's name or address\n(1) If a name or address that a landlord or a landlord's agent is required\nunder section 19 to specify in a tenancy agreement changes, he or\nshe must ensure that the tenant is notified in writing of the change\nof the new name or address within 14 days after the change.\n\nResidential Tenancies Act 1999 98\n(2) Within 14 days after a person succeeds another as the landlord\nunder a tenancy agreement, the new landlord must ensure that the\ntenant is notified in writing of the full name and address for service\nof:\n(a) the new landlord or, if an agent has been engaged to act on\nbehalf of the new landlord in respect of the residential\npremises, the full name and address of the agent; and\n(b) any person with superior title to the new landlord.\n","sortOrder":167},{"sectionNumber":"157","sectionType":"section","heading":"Notice or payment to landlord's agent sufficient","content":"157 Notice or payment to landlord's agent sufficient\nIf under this Act a tenant is required to give notice or a document to\na landlord or to pay money to a landlord, it is sufficient if the tenant:\n(a) gives notice or the document to, or pays the money to, the\nlandlord's agent; or\n(b) if the tenant has no notice of a new landlord – gives notice or\nthe document to, or pays the money to, the last-known\n","sortOrder":168},{"sectionNumber":"157A","sectionType":"section","heading":"Approved forms","content":"157A Approved forms\n(1) The Commissioner may approve forms for this Act.\n(2) The Commissioner must publish an approved form.\n","sortOrder":169},{"sectionNumber":"158","sectionType":"section","heading":"Regulations","content":"158 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay:\n(a) prescribe that provisions of this Act do not apply to a specified\nclass of tenancy agreements or a specified class of premises;\nand\n(b) modify specified provisions of this Act in their application to a\nspecified class of tenancy agreements or a specified class of\npremises; and\n(c) prescribe terms that are to be implied, or expressly included,\nin tenancy agreements or a class of tenancy agreements; and\n\nResidential Tenancies Act 1999 99\n(d) prescribe a penalty of not more than 20 penalty units for\nbreach of a regulation; and\n(e) prescribe an offence against the Regulations to be a\nregulatory offence; and\n(f) provide for the payment of a prescribed amount instead of a\npenalty that may otherwise be imposed for an offence against\nthis Act or regulations made under this Act and for the service\nof a notice relating to payment of the amount on a person\nalleged to have committed the offence and the particulars to\nbe included in that notice; and\n(g) prescribe the service of notices on persons alleged to have\ninfringed this Act or the Regulations and particulars to be\nincluded in such notices.\n","sortOrder":170},{"sectionNumber":"159","sectionType":"section","heading":"Definitions","content":"159 Definitions\ncommencement day means the day on which this Act\ncommences.\nCommissioner has the meaning it had under the Tenancy Act.\nlease, lessee and lessor have the meanings they had under the\nTenancy Act.\nsecurity deposit has the meaning it had under the Tenancy Act.\nTenancy Act means the Tenancy Act 1979 as in force immediately\nbefore the commencement day.\n","sortOrder":171},{"sectionNumber":"160","sectionType":"section","heading":"Continued application of Tenancy Act","content":"160 Continued application of Tenancy Act\n(1) Subject to this Part and section 88A, nothing in this Act applies to or\nin relation to a lease that was in force immediately before the\ncommencement day.\n(2) Subject to this Part, the Tenancy Act continues to apply to and in\nrelation to a lease that was in force immediately before the\ncommencement day as if the amendments to the Tenancy Act\neffected by the Residential Tenancies (Consequential\nAmendments) Act 1999 had never come into operation.\n\nResidential Tenancies Act 1999 100\n(3) Subject to this Part, a reference in the Tenancy Act to the\nCommissioner is, in relation to a lease, to be taken to be a\nreference to the Commissioner within the meaning of this Act.\n","sortOrder":172},{"sectionNumber":"161","sectionType":"section","heading":"Dispute resolution and appeals to take place under this Act","content":"161 Dispute resolution and appeals to take place under this Act\n(1) Subject to this Part, Part 14 of this Act applies to and in relation to a\nlease that was in force immediately before the commencement day\nas if a reference in Part 14 to a tenancy agreement were a\nreference to a lease and a reference in that Part to a tenant or a\nlandlord were a reference to a lessee or a lessor respectively.\n(2) If after the commencement day a matter relating to the\nreimbursement of a security deposit in relation to a lease is referred\nto the Commissioner under section 39(6) of the Tenancy Act, the\nmatter is to be dealt with by the Commissioner as if it were an\napplication under section 126 of this Act, except that the\nCommissioner may only make an order of the kind specified in\nsection 39(8) of the Tenancy Act.\n(3) Subject to this Part:\n(a) Part 15 of this Act applies to an order, determination, decision\nor variation made by the Commissioner under the Tenancy\nAct before or after the commencement day as if a reference to\na tenant or a landlord were a reference to a lessee or a lessor\nrespectively; and\n(b) Part III of the Tenancy Act does not apply in relation to the\norder, determination, decision or variation.\n","sortOrder":173},{"sectionNumber":"162","sectionType":"section","heading":"Transitional matters relating to security deposits","content":"162 Transitional matters relating to security deposits\n(1) If before the commencement day a lessee had demanded under\nthe Tenancy Act the reimbursement of a security deposit in relation\nto a lease and the matter had not been referred to the\nCommissioner under section 39 of that Act:\n(a) the lessor is to refer the matter to the Commissioner within the\nmeaning of this Act; and\n(b) the matter is to be dealt with by the Commissioner within the\nmeaning of this Act as if the reference was an application\nunder section 126 of this Act, except that the Commissioner\nmay only make an order of the kind specified in section 39(8)\nof the Tenancy Act.\n(2) If before the commencement day a matter relating to the\nreimbursement of a security deposit in relation to a lease had been\nreferred to the Commissioner under section 39(6) of the\n\nResidential Tenancies Act 1999 101\nTenancy Act and not finally determined, the matter is to be dealt\nwith by the Commissioner as if this Act and the amendments to that\nAct had never come into operation.\n","sortOrder":174},{"sectionNumber":"163","sectionType":"section","heading":"Transitional matters relating to determinations and appeals","content":"163 Transitional matters relating to determinations and appeals\n(1) If before the commencement day a person had applied to the\nCommissioner under Part II or Part V of the Tenancy Act, the\nCommissioner is to determine the application as if this Act and the\namendments to the Tenancy Act effected by the Residential\nTenancies (Consequential Amendments) Act 1999 had never come\ninto operation.\n(2) If before the commencement day a person had applied under\nsection 19 of the Tenancy Act to the Local Court but the appeal had\nnot been heard or been determined, the appeal is to be heard and\ndetermined in accordance with that Act as if this Part and the\namendments to that Act effected by the Residential Tenancies\n(Consequential Amendments) Act 1999 had never come into\noperation.\n(3) If immediately before the commencement day a person had a right\nto appeal to the Local Court under section 19 of the Tenancy Act,\nthe application may be made under that Act as if this Part and the\namendments to that Act effected by the Residential Tenancies\n(Consequential Amendments) Act 1999 had never come into\noperation.\nDivision 2 Residential Tenancies Amendment Act 2010\n","sortOrder":175},{"sectionNumber":"165","sectionType":"section","heading":"Application of section 122","content":"165 Application of section 122\nIn dealing with an application under section 122, the Commissioner\nmust take into account the matters stated in section 122(3) even if\nthe tenancy agreement was entered into before the commencement\nof this section.\n","sortOrder":176},{"sectionNumber":"166","sectionType":"section","heading":"Application to certain agreements at commencement","content":"166 Application to certain agreements at commencement\n(1) This section applies to an immovable dwelling located in a caravan\npark that is subject to an agreement for its lease at the\ncommencement of this section.\n(2) This Act continues to apply to the immovable dwelling until the\nagreement ends after the commencement.\n\n","sortOrder":177},{"sectionNumber":"Div 4","sectionType":"division","heading":"Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction","content":"Division 4 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nResidential Tenancies Act 1999 102\nDivision 4 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":178},{"sectionNumber":"167","sectionType":"section","heading":"Definitions","content":"167 Definitions\nappeal period means the period within which a person is entitled to\nappeal against the decision made by the Commissioner.\ncommencement means the commencement of Part 19 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\ndecision includes an order or determination.\nformer Act means this Act as in force immediately before the\nnew legislation means the following as in force after the\ncommencement:\n(a) this Act;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n","sortOrder":179},{"sectionNumber":"168","sectionType":"section","heading":"Appeal against Commissioner's decision made before","content":"168 Appeal against Commissioner's decision made before\ncommencement\n(a) before the commencement, the Commissioner had made a\ndecision under this Act; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the appeal\nperiod for the decision had not expired and no\nproceeding for an appeal had been started;\n(ii) before the commencement, a proceeding for an appeal\nhad been started but not decided.\n(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\na person to appeal against the decision within the appeal period.\n\nDivision 4 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nResidential Tenancies Act 1999 103\n(3) The former Act continues to apply in relation to the functions and\npowers of the Local Court in conducting and deciding a proceeding\nfor the appeal regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n","sortOrder":180},{"sectionNumber":"169","sectionType":"section","heading":"Appeal against court's decision made before commencement","content":"169 Appeal against court's decision made before commencement\n(1) This section applies if, before the commencement, the Local Court\nhad made a decision under the Act and the appeal period had not\nexpired.\n(2) The former legislation continues to apply in relation to the right of\nthe person to appeal against the decision.\n","sortOrder":181},{"sectionNumber":"170","sectionType":"section","heading":"Commissioner's or Local Court's decision made after","content":"170 Commissioner's or Local Court's decision made after\ncommencement\n(a) a person had made an application to the Commissioner or the\nLocal Court before the commencement; and\n(b) the Commissioner or the Local Court decides the application\nafter the commencement.\n(2) The Commissioner or the Local Court must continue to deal with\nthe application in accordance with the former legislation.\n","sortOrder":182},{"sectionNumber":"171","sectionType":"section","heading":"Appeals before Local Court","content":"171 Appeals before Local Court\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the Local Court\nappealing against the Commissioner's decision; and\n(b) the Local Court had not decided the matter.\n(2) The Local Court must continue to deal with the matter in\naccordance with the former legislation.\n\nDivision 6 Residential Tenancies Legislation Amendment Act 2020\nResidential Tenancies Act 1999 104\nDivision 5 Residential Tenancies Amendment Act 2018\n172 Definition\ncommencement means the commencement of the Residential\nTenancies Amendment Act 2018.\n","sortOrder":183},{"sectionNumber":"173","sectionType":"section","heading":"Transitional provision for Part 14","content":"173 Transitional provision for Part 14\n(1) From the commencement to the day immediately before the\ntransition day, Part 14 applies only in relation to a tenancy\nagreement made, and personal information listed, on or after the\n(2) On and from the transition day, Part 14 applies in relation to a\ntenancy agreement made, and personal information listed, before,\non or after the commencement.\ntransition day means the day 3 months after the commencement.\n","sortOrder":184},{"sectionNumber":"174","sectionType":"section","heading":"Jurisdiction of Tribunal for Tenancy Act leases","content":"174 Jurisdiction of Tribunal for Tenancy Act leases\n(1) Despite Division 1, the Tribunal has jurisdiction to deal with a lease\nthat was in force immediately before the commencement.\n(2) Part III of the Tenancy Act does not apply to an order,\ndetermination, decision or variation made by the Tribunal under that\nAct.\nlease, see section 159.\nTenancy Act, see section 159.\n","sortOrder":185},{"sectionNumber":"Div 6","sectionType":"division","heading":"Residential Tenancies Legislation Amendment","content":"Division 6 Residential Tenancies Legislation Amendment\nAct 2020\n","sortOrder":186},{"sectionNumber":"175","sectionType":"section","heading":"Keeping pets","content":"175 Keeping pets\n(1) Sections 65A and 65B do not apply to a tenancy agreement\nentered into before the commencement.\n\n","sortOrder":187},{"sectionNumber":"Div 7","sectionType":"division","heading":"Transitional Matters for Residential Tenancies Legislation Amendment Act","content":"Division 7 Transitional Matters for Residential Tenancies Legislation Amendment Act\nResidential Tenancies Act 1999 105\n(2) In this section:\ncommencement means the commencement of section 6 of the\nResidential Tenancies Legislation Amendment Act 2020.\nDivision 7 Transitional Matters for Residential Tenancies\nLegislation Amendment Act 2023\n","sortOrder":188},{"sectionNumber":"176","sectionType":"section","heading":"Definition","content":"176 Definition\namending Act means the Residential Tenancies Legislation\nAmendment Act 2023.\n","sortOrder":189},{"sectionNumber":"177","sectionType":"section","heading":"Saving of section 45","content":"177 Saving of section 45\nSection 45 continues to apply after the commencement of\nsection 11 of the amending Act to enable the Tribunal to hear and\ndetermine an application in relation to a tenancy agreement that\nwas entered into before the repeal of section 44 by the amending\nAct.\n","sortOrder":190},{"sectionNumber":"178","sectionType":"section","heading":"Application of amendment to section 89","content":"178 Application of amendment to section 89\nThe amendment to section 89 by the amending Act:\n(a) subject to paragraph (b), does not apply to a tenancy\nagreement entered into before the commencement of\nsection 18 of the amending Act; and\n(b) applies in respect of a periodic tenancy established in\naccordance with section 83 after the commencement of\nsection 18 of the amending Act in respect of a fixed term\ntenancy agreement that was in force immediately before the\n","sortOrder":191},{"sectionNumber":"179","sectionType":"section","heading":"Application of amendment to section 90","content":"179 Application of amendment to section 90\nThe amendment to section 90 by the amending Act:\n(a) subject to paragraph (b), does not apply to a tenancy\nagreement entered into before the commencement of\nsection 19 of the amending Act; and\n(b) applies to a tenancy agreement for a subsequent fixed term\ntenancy agreed to after the commencement of section 19 of\nthe amending Act.\n\nDivision 7 Transitional Matters for Residential Tenancies Legislation Amendment Act\nResidential Tenancies Act 1999 106\n","sortOrder":192},{"sectionNumber":"180","sectionType":"section","heading":"Application of amendment to section 128","content":"180 Application of amendment to section 128\n(1) The amendments to section 128(1) by the amending Act also apply\nto personal information that was entered into a tenancy database in\nthe 3 years immediately before the commencement of section 24 of\nthe amending Act.\n(2) For subsection (1), a database operator must, within 3 months after\nthe commencement of section 24 of the amending Act, review the\ntenancy database and remove any entries that do not comply with\nsection 128(1) as in force after that commencement.\n\nResidential Tenancies Act 1999 107\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nResidential Tenancies Act 1999 (Act No. 45, 1999)\nAssent date 10 November 1999\nCommenced 1 March 2000 (Gaz G8, 1 March 2000, p 2)\nStatute Law Revision Act 2001 (Act No. 3, 2001)\nAssent date 22 March 2001\nCommenced 22 March 2001\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nResidential Tenancies Amendment Act 2001 (Act No. 24, 2001)\nAssent date 19 July 2001\nCommenced 30 July 2001 (Gaz S36, 30 July 2001)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\n\nResidential Tenancies Act 1999 108\nMisuse of Drugs (Consequential Amendments) Act 2002 (Act No. 33, 2002)\nAssent date 16 July 2002\nCommenced 1 August 2002 (s 2, s 2 Misuse of Drugs Act 2002 (Act\nNo. 32, 2002) and Gaz G30, 31 July 2002, p 4)\nStatute Law Revision (Financial Provisions) Act 2002 (Act No. 38, 2002)\nAssent date 13 September 2002\nCommenced 30 October 2002 (Gaz G43, 30 October 2002, p 3)\nSwimming Pool Fencing (Consequential Amendments) Act 2002 (Act No. 67, 2002)\nAssent date 9 December 2002\nCommenced 1 January 2003 (s 2 and s 2 Swimming Pool Fencing\nAct 2002 (Act No. 66, 2002))\nSwimming Pool Safety Act 2004 (Act No. 13, 2004)\nAssent date 9 March 2004\nCommenced 15 March 2004 (Gaz S6, 15 March 2004)\nResidential Tenancies Amendment Act 2005 (Act No. 14, 2005)\nAssent date 17 March 2005\nCommenced 1 July 2005 (Gaz G24, 15 June 2005, p 2)\nAntisocial Behaviour (Miscellaneous Amendments) Act 2006 (Act No. 2, 2006)\nAssent date 8 March 2006\nCommenced 14 June 2006 (Gaz G24, 14 June 2006, p 3)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nDomestic and Family Violence Act 2007 (Act No. 34, 2007)\nAssent date 12 December 2007\nCommenced 1 July 2008 (Gaz G25, 25 June 2008, p 4)\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nResidential Tenancies Amendment Act 2010 (Act No. 8, 2010) (Act expired by s 35 as ins by\nAct No. 1, 2012, s 189)\nAssent date 17 March 2010\nCommenced pt 2: nc (rep by Act No. 1, 2012, s 188); rem: 14 April 2010\n(Gaz G15, 14 April 2010, p 4)\nAmending Legislation\nCaravan Parks Act 2012 (Act No. 1, 2012)\nAssent date 21 March 2012\nCommenced ss 21 and 22: 21 March 2012; rem: 1 May 2012 (s 2)\n\nResidential Tenancies Act 1999 109\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nHousing and Other Legislation Amendment Act 2011 (Act No. 45, 2011)\nAssent date 21 December 2011\nCommenced 22 February 2012 (other than amdts to ss 21, 24 and 25 of\nthe Housing Act in the Sch) (Gaz G8, 22 February 2012, p 3)\nCaravan Parks Act 2012 (Act No. 1, 2012)\nAssent date 21 March 2012\nCommenced ss 21 and 22: 21 March 2012; rem: 1 May 2012 (s 2)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nJustice Legislation Amendment Act 2015 (Act No. 14, 2015)\nAssent date 22 May 2015\nCommenced pts 4, 6, 7 and 9: 1 June 2015; rem: 1 July 2015 (Gaz S53,\n29 May 2015, p 1)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\nResidential Tenancies Amendment Act 2018 (Act No. 11, 2018)\nAssent date 23 May 2018\nCommenced 1 July 2018 (Gaz S41, 20 June 2018)\n\nResidential Tenancies Act 1999 110\nResidential Tenancies Legislation Amendment Act 2020 (Act No. 13, 2020)\nAssent date 16 April 2020\nCommenced s 20: 1 April 2021 (Gaz G12, 24 March 2021, p 1);\nrem: 1 January 2021 (Gaz G51, 23 December 2020, p 1)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nTenancies Legislation Amendment Act 2020 (Act No. 15, 2020)\nAssent date 24 April 2020\nCommenced 25 April 2020 (s 2)\nResidential Tenancies Legislation Amendment Act 2023 (Act No. 36, 2023)\nAssent date 6 December 2023\nCommenced 2 January 2024 (Gaz G26, 21 December 2023, p 2)\nHousing and Related Legislation Amendment Act 2024 (Act No. 3, 2024)\nAssent date 14 March 2024\nCommenced 5 April 2024 (Gaz S26, 3 April 2024)\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 6, 7, 12, 13, 15, 16, 18,\n29, 32, 34, 41, 51, 69, 82, 88A, 96, 99A, 114, 116, 118, 135, 136, 159, 160,\n163 and 167.\n4 LIST OF AMENDMENTS\ns 3 amd No. 8, 2010, s 34\ns 4 amd No. 14, 2005, s 4; No. 2, 2006, s 16; No. 14, 2009, s 154; No. 8, 2010,\ns 26; No. 35, 2014, s 133; No. 11, 2018, s 4; No. 15, 2020, s 9; No. 13, 2020,\ns 4 as amended by No. 26, 2020, s 3; No. 36, 2023, s 4; No. 3, 2024, s 17\ns 4A ins No. 36, 2023, s 5\ns 6 amd No. 1, 2012, s 191\ns 7 amd No. 14, 2025, s 23\ns 8 amd No. 35, 2014, s 142\n\nResidential Tenancies Act 1999 111\nss 9 – 10 amd No. 8, 2010, s 34\ns 11 amd No. 8, 2010, s 34\nrep No. 26, 2015, s 106\ns 12 amd No. 34, 2007, s 146\nsub No. 36, 2023, s 6\ns 13 amd No. 35, 2014, s 142\ns 16 amd No. 14, 2005, s 5; No. 8, 2010, s 34; No. 14, 2025, s 24\ns 18 amd No. 60, 2001, s 18; No. 11, 2018, s 5\nss 18A – 18B ins No. 36, 2023, s 7\nss 19 – 20 amd No. 12, 2010, s 3\ns 22 amd No. 35, 2014, s 142\ns 23 amd No. 12, 2010, s 3\nrep No. 36, 2023, s 8\ns 24 amd No. 14, 2005, s 6; No. 12, 2010, s 3; No. 36, 2023, s 9\npt 5\ndiv 1 hdg amd No. 14, 2005, s 7\ns 24A ins No. 14, 2005, s 8\namd No. 8, 2010, s 34; No. 13, 2020, s 5\ns 25 amd No. 14, 2005, s 9; No. 8, 2010, s 27\ns 26 amd No. 14, 2005, s 10; No. 8, 2010, s 34; No. 35, 2014, s 142\ns 27 amd No. 14, 2005, s 11; No. 35, 2014, s 134\ns 28 sub No. 8, 2010, s 28\nss 28A – 28B ins No. 8, 2010, s 28\ns 29 amd No. 38, 2002, s 6; No. 8, 2010, s 34; No. 12, 2010, s 3\ns 31 amd No. 8, 2010, s 34; No. 12, 2010, s 3\ns 32 amd No. 12, 2010, s 3\ns 33 amd No. 35, 2014, s 142\ns 36 amd No. 8, 2010, s 34; No. 12, 2010, s 3\ns 37 amd No. 38, 2002, s 6; No. 8, 2010, s 34; No. 12, 2010, s 3\ns 38 amd No. 12, 2010, s 3\ns 38A ins No. 36, 2023, s 10\ns 39 amd No. 12, 2010, s 3\ns 42 amd No. 8, 2010, s 34; No. 12, 2010, s 3; No. 35, 2014, s 142; No. 11, 2018,\ns 6\ns 42A ins No. 8, 2010, s 29\namd No. 35, 2014, s 135\ns 43 amd No. 12, 2010, s 3; No. 35, 2014, s 142\ns 44 amd No. 8, 2010, s 34; No. 12, 2010, s 3\nrep No. 36, 2023, s 11\ns 45 amd No. 35, 2014, s 142\nrep No. 36, 2023, s 11\ns 47 amd No. 67, 2002, s 3; No. 13, 2004, s 59; No. 8, 2010, s 34; No. 12, 2010,\ns 3\ns 48 amd No. 67, 2002, s 3; No. 13, 2004, s 59\ns 49 amd No. 36, 2023, s 12\ns 50 amd No. 12, 2010, s 3\nrep No. 36, 2023, s 13\ns 51 amd No. 15, 2001, s 10; No. 14, 2009, s 155; No. 35, 2014, s 142\ns 52 amd No. 3, 2001, s 8\nsub No. 36, 2023, s 14\ns 53 amd No. 12, 2010, s 3\nrep No. 36, 2023, s 14\ns 54 amd No. 8, 2010, s 34\ns 55 amd No. 36, 2023, s 15\ns 55A ins No. 36, 2023, s 16\ns 60 amd No. 8, 2010, s 34\ns 61 amd No. 8, 2010, s 34; No. 35, 2014, s 142\n\nResidential Tenancies Act 1999 112\ns 62 amd No. 8, 2010, s 34\ns 63 amd No. 8, 2010, s 34; No. 35, 2014, s 142\nss 65A – 65B ins No. 13, 2020, s 6\nss 66 – 67 amd No. 12, 2010, s 3\ns 69 amd No. 8, 2010, s 34\ns 74 amd No. 8, 2010, s 34\ns 74A ins No. 36, 2023, s 17\ns 76 amd No. 8, 2010, s 34\ns 77 amd No. 35, 2014, s 142\nsub No. 13, 2020, s 7\ns 77A ins No. 13, 2020, s 7\ns 79 amd No. 35, 2014, s 142\ns 81 amd No. 12, 2010, s 3; No. 35, 2014, s 142\ns 82 amd No. 8, 2010, s 34; No. 35, 2014, s 142\ns 83 amd No. 8, 2010, s 34; No. 13, 2020, s 8\ns 84 amd No. 35, 2014, s 142\ns 86 amd No. 8, 2010, s 34\nss 87 – 88 rep No. 14, 2005, s 12\ns 88A ins No. 33, 2002, s 3\namd No. 14, 2005, s 13; No. 8, 2010, s 34; No. 4, 2017, s 34\ns 89 amd No. 36, 2023, s 18\ns 90 sub No. 13, 2020, s 9\namd No. 36, 2023, s 19\ns 91 amd No. 8, 2010, s 34; No. 13, 2020, s 10\ns 92 amd No. 8, 2010, s 34\ns 92A ins No. 36, 2023, s 20\ns 93 rep No. 14, 2005, s 14\ns 95 sub No. 13, 2020, s 11\ns 96 amd No. 8, 2010, s 34; No. 3, 2024, s 18\ndiv 3A hdg ins No. 14, 2005, s 15\namd No. 13, 2020, s 12\nss 96A – 96C ins No. 14, 2005, s 15\ndiv 4 hdg amd No. 14, 2005, s 16; No. 35, 2014, s 142\ns 97 amd No. 8, 2010, s 34; No. 35, 2014, s 142\ns 98 amd No. 35, 2014, s 142\ns 99 amd No. 35, 2014, s 142; No. 36, 2023, s 21; No. 4, 2024, s 100\ns 99A ins No. 2, 2006, s 17\namd No. 45, 2011, s 15; No. 35, 2014, s 142; No. 3, 2024, s 19\ns 99B ins No. 3, 2024, s 20\ns 100 sub No. 2, 2006, s 17\ns 100A ins No. 14, 2005, s 17\ndiv 5 hdg amd No. 13, 2020, s 13\ns 101 amd No. 8, 2010, s 34; No. 13, 2020, s 14\ns 102 amd No. 13, 2020, s 15\ns 103 amd No. 13, 2020, s 16; No. 36, 2023, s 22\ns 104 amd No. 14, 2005, s 18; No. 35, 2014, s 142; No. 13, 2020, s 17\ns 105 amd No. 35, 2014, s 142; No. 13, 2020, s 18\ns 106 amd No. 12, 2010, s 3; No. 35, 2014, s 142\ns 107 amd No. 3, 2001, s 8; No. 14, 2005, s 19; No. 35, 2014, s 142\ns 108 amd No. 35, 2014, s 142\ns 109 amd No. 8, 2010, s 34; No. 12, 2010, s 3; No. 35, 2014, s 142\n\nResidential Tenancies Act 1999 113\ns 110 amd No. 14, 2005, s 20; No. 8, 2010, s 30; No. 35, 2014, s 136; No. 11,\n2018, s 7\ns 111 amd No. 35, 2014, s 142\ns 112 amd No. 24, 2001, s 3; No. 14, 2005, s 21; No. 8, 2010, s 31; No. 12, 2010,\ns 3; No. 35, 2014, s 142\ns 113 amd No. 35, 2014, s 142\ns 116 amd No. 35, 2014, s 142\ns 116A ins No. 13, 2020, s 19\ns 117 amd No. 12, 2010, s 3\ns 118 amd No. 3, 2001, s 8; No. 8, 2010, s 34; No. 12, 2010, s 3\ns 119 amd No. 35, 2014, s 142\ns 121 amd No. 35, 2014, s 142\ns 122 amd No. 8, 2010, s 32; No. 35, 2014, s 142; No. 14, 2015, s 65; No. 36,\n2023, s 23\npt 14 hdg rep No. 35, 2014, s 137\ndiv 1 hdg rep No. 35, 2014, s 137\nss 123 – 125 rep No. 35, 2014, s 137\ns 126 amd No. 8, 2010, s 34\ns 127 rep No. 35, 2014, s 137\ns 128 amd No. 8, 2010, s 34\namd No. 36, 2023, s 24\ns 129 amd No. 14, 2005, s 22; No. 7, 2007, s 16\namd No. 36, 2023, s 25\ns 130 rep No. 35, 2014, s 137\ndiv 2 hdg rep No. 35, 2014, s 137\ns 131 amd No. 8, 2010, s 34\nss 132 – 133 rep No. 35, 2014, s 137\ns 134 rep No. 35, 2014, s 137\namd No. 36, 2023, s 26\ns 135 amd No. 12, 2010, s 3\ndiv 3 hdg rep No. 35, 2014, s 137\ns 136 rep No. 35, 2014, s 137\npt 15 hdg ins No. 13, 2020, s 20\ndiv 1 hdg ins No. 13, 2020, s 20\ns 137 rep No. 35, 2014, s 137\n\nResidential Tenancies Act 1999 114\ndiv 2 hdg ins No. 13, 2020, s 20\ns 138 amd No. 14, 2005, s 23\ns 139 rep No. 35, 2014, s 137\ndiv 4 hdg rep No. 35, 2014, s 137\ns 140 amd No. 8, 2010, s 34; No. 12, 2010, s 3; No. 40, 2010, s 118\ns 141 rep No. 35, 2014, s 137\ns 142 amd No. 12, 2010, s 3; No. 23, 2012, s 32\ns 143 rep No. 35, 2014, s 137\ndiv 5 hdg rep No. 35, 2014, s 137\ndiv 3 hdg ins No. 13, 2020, s 20\nss 144 – 147 rep No. 35, 2014, s 137\ns 148 amd No. 7, 2007, s 16; No. 8, 2010, s 34\ns 149 amd No. 7, 2007, s 16; No. 8, 2010, s 34; No. 12, 2010, s 3\npt 15 hdg rep No. 35, 2014, s 137\ns 150 amd No. 8, 2010, s 34\nss 151 – 153 rep No. 35, 2014, s 137\ns 154 amd No. 17, 2001, s 15; No. 14, 2005, s 24\nsub No. 36, 2023, s 27\ns 156 amd No. 12, 2010, s 3\npt 16A hdg ins No. 15, 2020, s 10\nss 157A –\n157K ins No. 15, 2020, s 10\npt 16B hdg ins No. 15, 2020, s 10\nss 157L –\n157M ins No. 15, 2020, s 10\npt 16C hdg ins No. 15, 2020, s 10\ns 157N ins No. 15, 2020, s 10\npt 17 hdg amd No. 36, 2023, s 29\ns 157A ins No. 36, 2023, s 30\ns 158 amd No. 8, 2010, s 34\ns 159 amd No. 11, 2018, s 9\npt 18 hdg sub No. 35, 2014, s 138\n\nResidential Tenancies Act 1999 115\ndiv 1 hdg ins No. 35, 2014, s 138\ns 160 amd No. 14, 2005, s 25\npt 20 hdg ins No. 8, 2010, s 33\nsub No. 35, 2014, s 139\ns 165 ins No. 8, 2010, s 33\npt 21 hdg ins No. 1, 2012, s 192\nsub No. 35, 2014, s 140\ns 166 ins No. 1, 2012, s 192\ndiv 4 hdg ins No. 35, 2014, s 141\nss 167 – 169 ins No. 35, 2014, s 141\ns 170 ins No. 35, 2014, s 141\namd No. 14, 2015, s 66\ns 171 ins No. 35, 2014, s 141\ndiv 5 hdg ins No. 11, 2018, s 10\nss 172 – 174 ins No. 11, 2018, s 10\ndiv 6 hdg ins No. 13, 2020, s 21\ns 175 ins No. 13, 2020, s 21\ndiv 7 hdg ins No. 36, 2023, s 31\nss 176 – 180 ins No. 36, 2023, s 31","sortOrder":193}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has been expanded and specialised since its original enactment. Notable scope changes in the reprinted text include: the addition of a dedicated tenancy database regime (Part 14 was inserted by later amendment; see Part 14 headings and s123 onwards), formalised domestic violence evidence and exit measures (s4A and the tenant termination right at s92A, inserted by 2023 amendments), express rules on keeping pets with Tribunal review (ss65A–65B inserted 2020), and various public-housing-specific termination and relocation procedures (Part 15, ss137–149 inserted 2020). The Minister’s power to exempt or modify application of the Act to classes of tenancies and the Commissioner’s approval powers (s7; s18A) also broaden administrative discretion compared with a narrower original statute. These additions are reflected in the Act’s transitional and amendment notes (Part 18 and endnotes)."},"complexity_factors":["Length and breadth of coverage across many tenancy topics (agreements, bonds, condition reports, rent, repairs, entry, termination, public housing, databases, transitional provisions).","Multiple decision-makers with overlapping roles (Commissioner, Minister, Tribunal, landlords, agents) and delegated powers (s13, s14, s7).","Detailed procedural rules with time limits and evidentiary presumptions (condition reports s25/s110; notice and remedy periods s96A–96C; bond claim and notice procedures s112(5)).","Significant cross-references to other Acts and instruments (Housing Act 1982, Domestic and Family Violence Act 2007, Agents Licensing Act 1979, Civil and Administrative Tribunal Act), increasing interpretive load.","Statutory offences and penalty units scattered through many provisions, creating compliance and enforcement complexity (e.g. s24, s31, s36, s49, s66).","Special regimes layered on top of general rules (public housing Parts 15–16, tenancy databases Part 14, domestic violence provisions s4A and s92A).","Discretionary exemptions and approvals (Minister exemptions s7; Commissioner approvals s18A; Tribunal discretionary relief s42, s104, s122, s134) requiring factual and policy judgment.","Extensive transitional and amendment history embedded in the Act, meaning current scope depends on multiple insertions and saves (Part 18 and endnotes)."],"plain_english_summary":"# What this law does, who it affects and how it works (plain English)\n\n- What it is: the Residential Tenancies Act 1999 is the Northern Territory law that sets the legal rules for landlord–tenant relationships over residential premises (houses, caravans and houseboats used as homes) (short title and long title; see s1 and definitions in s4).\n\n- Who it affects: landlords (including agents and successors in title), tenants (including prospective tenants and persons aged 16 or over who may enter into tenancies) and third parties who act on their behalf. Social housing tenancies are covered by the Act but some provisions are excepted or handled differently (see s8 and s7(5)). The Commissioner of Tenancies and the Civil and Administrative Tribunal (Tribunal) are the administrative and dispute-resolution bodies (see s13; definition of Tribunal at s4).\n\n- Core mechanical rules (what people must actually do):\n  - Written tenancy agreements are required to contain specified information (names, landlord/agent contact details, premises, rent and term) and must be supplied to tenants at signature (s19).\n  - Security deposits (bonds) are capped (generally no more than 4 weeks' rent), must be held in trust and placed in approved accounts, with receipts and accounting obligations (s29–s34; s31; s36; s112). A landlord has time-limited obligations and processes for claiming monies from bonds at tenancy end (s112–s116).\n  - Condition reports at the start and end of tenancies are mandated, have presumptive/conclusive effect unless the Tribunal decides otherwise, and affect bond disputes (s24A; s25; s110; s28; s111).\n  - Rent: advertising and offers must state a fixed amount; rent increases, notice periods and limits are regulated; tenants may apply to the Tribunal if rent is excessive (s38A; s41; s39; s42).\n  - Repairs and maintenance: landlords must provide habitable, safe and reasonably secure premises and keep them in reasonable repair; tenants must notify defects and avoid causing damage; the Act sets the process and timeframes for emergency and non-emergency repairs and when tenants may arrange repairs and recover costs (s47–s49; s57–s63).\n  - Entry rules: landlords can enter only for statutory reasons, at set times, and with specified notice; emergency entry or Tribunal-ordered entry are exceptions; there are special limits on capturing and publishing images/video without tenant consent (s68–s77; s74A).\n  - Termination and repossession: detailed grounds and notice periods are provided for termination by landlord, tenant and the Tribunal (Part 11). The Tribunal can order possession, suspend possession orders where severe tenant hardship would result, and make compensation orders (see s82–s106; s104–s105; s122).\n  - Tenancy databases: rules on when and how personal information may be listed, notice and review rights, maximum retention periods, and Tribunal powers to order removal or amendment (Part 14, esp. s123, s126–s134, s128–s133).\n  - Domestic violence and safety: there are specific processes to establish experience of domestic violence and to allow a tenant to terminate immediately in those circumstances; safety/security modifications by tenants are permitted in defined cases and subject to notice and Tribunal review (s4A; s92A; s55A).\n\n- Who decides and enforcement: the Commissioner of Tenancies administers and enforces the Act and may set approved forms and approve classes of application information (s13; s157A; s18A). The Tribunal resolves disputes, can make binding orders on rent, repair, possession, compensation and database listings (numerous powers across the Act, e.g. s42, s57, s63, s104, s122, s134). The Minister may exempt or modify application of provisions to specified classes after consultation (s7(1)–(4)).\n\n- Who pays and incentives created:\n  - Tenants pay rent and security deposits and must meet ordinary care and notification obligations (s35; s29; s51–s52).\n  - Landlords must fund repairs, maintain security and manage bonds compliantly (s47; s57; s29; s31). They face record-keeping, information-protection and notification duties (s36; s18B; s126–s127). Non-compliance attracts penalties expressed in penalty units throughout the Act (multiple sections, e.g. s24, s31, s37, s49, s66).\n  - The Tenancy Trust Account can be funded from part of the Agents Licensing Fund for enforcement, education and tenant advice (s16). The Tribunal may require the Commissioner to fund valuations from that Account in some rent-dispute cases (s42A).\n\n- Compliance burden and discretion risks:\n  - Landlords and agents have multiple operational obligations: preparing condition reports, holding funds in trust and providing receipts, record-keeping, privacy protections for tenant documents and strict rules about charging extra amounts (s25; s29–s32; s36; s18B; s24).\n  - The Commissioner and the Minister have discretionary powers (approving required applicant information under s18A; exemptions or modifications under s7). Those powers are constrained by consultation and publication requirements (s7(3)–(4)), but they centralise decision-making and create administrative discretion in practice.\n\n- Trade-offs, predictable substitution and implementation risks to watch for:\n  - Stricter listing rules and stronger tenant rights on databases (Part 14) aim to protect tenants' personal information, but may make landlords rely more heavily on pre-application screening, higher advertised rents, or stricter applicant information (s126–s129; s38A). The Act requires the Commissioner to approve what documents landlords can demand from applicants, which channels screening through a regulatory check (s18A).\n  - Condition reports and Tribunal-backed dispute processes lower informational asymmetry at tenancy end, but they require administrative effort by both parties and Tribunal capacity to resolve contested reports (s25–s28; s110–s111).\n  - Enforcement depends on the Commissioner and the Tribunal. The Act creates many civil remedies and offences, but their practical effect depends on resource allocation and the Tenancy Trust Account funding arrangements (s13; s16; s42A).\n\n- Concentrated benefits and diffuse costs (mechanism-based):\n  - Tenancy databases and Tribunal remedies concentrate benefits on landlords and database operators that correctly document breaches (Part 14), while compliance rules and notice requirements spread costs across all landlords as administrative burden (s128–s133; s129).\n  - Consumers (tenants) gain statutory protections on habitability, security, bond returns and domestic-violence exits (s47–s49; s112; s92A; s4A). Landlords face increased compliance and potential penalties when not following statutory processes (multiple penalty provisions).\n\nSources cited in text: see the indicated sections in parentheses (for example s19 on written agreements; s29 on bonds; s25 and s110 on condition reports; s47–s49 and s57 on repair and security duties; s68–s77 and s74A on entry; Part 11 on termination; Part 14 on tenancy databases; s13 and s16 on Commissioner and Tenancy Trust Account; s7 on exemptions)."},"kimi_summary":{"_metrics":{"completionTokens":786},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1999 scope. Major expansions include: tenancy database regulation (Part 14, added 2018), pet rights (sections 65A-65B, added 2020), domestic violence termination rights (section 92A, expanded 2023), safety modification rights (section 55A, added 2023), and extensive public housing relocation provisions (Part 15, added 2020). The original Act focused primarily on standard private tenancy terms — it now regulates data privacy, animal keeping, family violence safety, and government housing management."},"complexity_factors":["Multiple overlapping termination pathways (7 divisions in Part 11 alone) with different notice periods and grounds","Extensive cross-referencing between Parts — e.g., domestic violence provisions reference the Domestic and Family Violence Act 2007","Conditional logic throughout: e.g., section 12(3) creates an exception to vicarious liability where domestic violence is involved, with further exceptions in subsection (4)","18 Divisions across 18 Parts, many with their own sub-divisions","Numerous transitional provisions (Division 7 of Part 18) applying amendments at different commencement dates","Defined terms with nested definitions — e.g., 'ancillary property' excludes common property under two different Unit Titles Acts","Strict liability offences mixed with fault-based offences, with specific defences in sections 9(4) and 10(5)","Tribunal jurisdiction overlaps with Commissioner powers and Local Court appeals under transitional arrangements"],"plain_english_summary":"This is the **Northern Territory's main law governing residential tenancies** — the legal relationship between landlords and tenants in private and public housing.\n\n**What it does:**\n\n- **Sets up the rules** for rental agreements, including what must be in writing, how bonds (security deposits) work, and what landlords and tenants can and cannot do\n- **Creates the Commissioner of Tenancies** — a government officer who investigates complaints, enforces the law, and helps resolve disputes\n- **Protects tenants** by requiring habitable premises, limiting rent increases (no more than once every 6 months), restricting when landlords can enter, and allowing tenants to make safety modifications\n- **Protects landlords** by setting out grounds for eviction, allowing recovery of unpaid rent, and establishing processes for dealing with abandoned goods\n- **Includes special protections for domestic violence survivors** — tenants can terminate immediately without penalty if they or their dependents have experienced domestic violence\n- **Regulates tenancy databases** (\"blacklists\") — strict rules about when personal information can be listed, how long it stays, and how tenants can challenge entries\n- **Covers public housing separately** — special rules for when the government needs to relocate tenants for renovations or other reasons\n\n**Who it affects:**\n\n- Anyone renting a home in the NT (houses, units, caravans, houseboats)\n- Landlords and real estate agents\n- The Commissioner of Tenancies and the Civil and Administrative Tribunal (which hears disputes)\n\n**Key recent additions:**\n\n- **Pet rights** (2020): Tenants can generally keep pets unless the landlord successfully objects to the Tribunal\n- **Safety modifications** (2023): Tenants can install security cameras, anchor furniture, change window coverings without landlord consent in urgent cases\n- **Domestic violence protections** (2023): Clearer processes for proving domestic violence and terminating tenancies safely\n- **Advertising restrictions** (2023): Rent must be advertised as a fixed amount, not a range\n\nThe Act aims to **balance rights fairly** — tenants get security and safe housing, landlords get reliable rent and proper processes for ending tenancies."}},"importantCases":[],"_links":{"self":"/api/acts/residential-tenancies-act-1999","history":"/api/acts/residential-tenancies-act-1999/history","analysis":"/api/acts/residential-tenancies-act-1999/analysis","conflicts":"/api/acts/residential-tenancies-act-1999/conflicts","importantCases":"/api/acts/residential-tenancies-act-1999/important-cases","documents":"/api/acts/residential-tenancies-act-1999/documents"}}