CTHRepealedLegislation
National Rental Affordability Scheme Regulations 2008
22BDApproved participants code of conduct
Start here
Get a plain-English read of 22BD
Turn the raw legal text into a practical explanation grounded in National Rental Affordability Scheme Regulations 2008.
#### 22BD Approved participants code of conduct
(1) The approved participants code of conduct is set out in subsection (2).
(2) The approved participant for an approved rental dwelling:
(a) must comply with legal obligations relating to investors in a timely manner; and
(b) must comply with the law of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and
(c) must lodge an annual Statement of Compliance in relation to the dwelling; and
(d) must respond to a communication from an investor within 30 days, unless the approved participant has a reasonable excuse; and
(e) must have an internal or external dispute resolution mechanism for use by investors; and
(f) must not enforce, seek to enforce or threaten to enforce an unfair contract; and
(g) must not make a misrepresentation to an investor; and
(h) must not engage in misleading or deceptive conduct in relation to an investor; and
(i) must not threaten or coerce an investor to take an action the investor is not required to take under contract; and
(j) must not prevent an investor from entering into a contract with a suitably qualified and experienced person in relation to the dwelling; and
(k) must not threaten to take action that would result in an investor not receiving incentive to which the investor is entitled under law; and
(l) must not require an investor to enter into a contract with another person in relation to the dwelling, unless the contract relates to a property management service provider and the approved participant is able to ensure that the provider:
(i) complies with the contract between the provider and the investor; and
(ii) complies with legal obligations relating to the investor in a timely manner; and
(iii) complies with the laws of the Commonwealth and the States and Territories in relation to dealings with investors and tenants; and
(iv) does not enforce, seek to enforce or threaten to enforce an unfair contract with an investor; and
(v) does not make a misrepresentation to an investor; and
(vi) does not engage in misleading or deceptive conduct in relation to an investor; and
(vii) does not threaten or coerce an investor to take action the investor is not required to take under contract; and
(m) if the approved participant requires the investor to enter into a contract as mentioned in paragraph (l)—ensures that the property management service provider acts in accordance with subparagraphs (l)(i) to (vii).