Residential Tenancies Act 1987

The Act casts a wide net. Its primary subjects are “lessors” and “tenants” as defined in s.3. A lessor is any person who grants a right to occupy residential premises under a residential tenancy agreement and includes personal representatives, successors, assignees, prospective or former lessors. A tenant is any person granted such a right and includes prospective or former tenants. Where two or more persons are tenants, each is a co-tenant and the Act treats their interests individually for family violence terminations (s.60(2); ss.71AB–71AE).

Property managers licensed under the Real Estate and Business Agents Act 1978 are expressly brought within the regulatory scheme. They are deemed to act as the lessor’s agent (s.86B) and many obligations imposed on lessors are satisfied if performed by the manager (s.86A). Both lessor and manager commit an offence if locks are changed without consent (s.59F). The Act also regulates “agents” for the purposes of residential tenancy databases (Part VIA).

The Commissioner for Consumer Protection (designated under s.7A) performs central administrative, investigative, conciliatory and decision-making functions (ss.8–9, Part III Division 1, ss.50E–50H, 50S–50V, Part 5A Division 3). The bond administrator (the CEO of the Department) holds and disburses all security and tenant compensation bonds (s.3, Part 5A, Schedule 1 clause 4).

The Magistrates Court is the primary judicial forum. It exercises exclusive jurisdiction over prescribed disputes (s.12A), hears appeals from Commissioner decisions (s.13C), and determines larger claims (s.13). Registrars may handle certain undefended or non-contentious applications (s.13A(2)). The Supreme Court retains a limited supervisory role where natural justice is denied or jurisdiction is absent (s.26(2)).

Social housing providers, including the Housing Authority, are subject to additional termination grounds based on eligibility or alternative offers (ss.71C–71J). Database operators must comply with listing, quality, notice and retention rules (Part VIA).

Tenants who are minors over 16 have contractual capacity (s.59A). Co-tenants’ rights inter se survive the death of one co-tenant (s.59B). Persons subjected to family violence receive special protections that override ordinary joint-and-several liability (s.17B; ss.71AA–71AF). Occupants who are not tenants but reside in the premises may apply to be recognised as tenants (s.59C).

Mortgagees exercising power of sale, persons with superior title, and owners of abandoned goods or documents are also affected (ss.81A, 81B, 79–80A). The Crown is bound except in prescribed circumstances (s.4; s.5(2)(f)).

In practice, the Act therefore affects every residential landlord, tenant, property manager, real estate agent, social housing provider, database operator, the Department of Mines, Industry Regulation and Safety (which houses the Commissioner), the Magistrates Court, and indirectly the wider rental market. All statements in this section are taken verbatim from the definitional and application provisions of the Act itself.

Landlord duties and tenant rights

• Duty to deliver and maintain premises in a reasonable state of repair having regard to age and character (s.42(2)(a)–(b)).
• Duty to comply with all building, health and safety laws (s.42(2)(c)).
• Duty to carry out urgent repairs within prescribed times once notified (s.43(2)(b)).
• Obligation to provide and maintain prescribed security (s.45(1)(a)).
• Prohibition on altering locks without tenant consent given at or immediately before the change (s.45(1)(b)).
• Duty not to interfere with the tenant’s quiet enjoyment or permit interference by others with superior title (s.44(2)).
• Right of entry restricted to statutory occasions with notice (s.46(2)–(6B)).
• Duty to bear rates, taxes and certain utility charges (s.48; s.49A).
• Duty to notify tenant of lessor’s name and address and any changes (s.51).
• Duty to deliver a copy of the written agreement within 14 days (s.54).
• Prohibition on discrimination against tenants with children or who have experienced family violence (ss.56, 56A).
• Duty to mitigate loss on breach (s.58).

Tenant duties and landlord rights

• Duty to keep premises in a reasonable state of cleanliness and notify damage (s.38(1)(a)–(b)).
• Duty not to intentionally or negligently cause damage or permit others to do so (s.38(1)(c)).
• Duty not to use premises for illegal purposes or cause nuisance (s.39).
• Duty to pay rent on time and in an approved manner (ss.28, 33, 34A).
• Vicarious liability for acts of persons lawfully on the premises (s.50).
• Responsibility for pets, including damage and nuisance (s.50I).
• Responsibility for cost and restoration of modifications (s.50ZB–s.50ZE).
• Duty to notify lessor of forwarding address on vacating (s.53(3)).

Mutual rights

• Both parties may apply for orders restraining breach, requiring performance, compensation (excluding personal injury), or bond apportionment (s.15(2)).
• Either party may terminate on frustration (s.69).
• Either party may seek court termination for undue hardship (s.74).
• Tenant may challenge excessive rent (s.32).
• Both parties have rights in relation to bond release (Part 5A).

Special cohorts

Family violence: tenant may terminate interest on 7 days’ notice with prescribed evidence and is protected from joint liability (ss.71AB, 17B). Co-tenants receive notice and may also terminate (s.71AD). Court may apportion bond having regard to human rights principles (s.17B(5)).

Social housing: lessor may terminate for ineligibility or after offering alternative premises, subject to internal review (ss.71C–71J).

Pets and modifications: tenant has presumptive right to keep pet or make minor modifications; lessor consent cannot be unreasonably refused and refusal or conditions may be reviewed by the Commissioner (ss.50A–50V).

All duties and rights described above are taken directly from the sections cited. The Act repeatedly uses the language of “it is a term of every residential tenancy agreement that…” to import statutory covenants (e.g. ss.38–50ZE).

The Act creates both civil and criminal enforcement mechanisms. Criminal offences are summary and carry fines. Key examples include:

• Requiring or receiving more than one security bond or an excessive bond – $5,000 (s.29(1)).
• Failing to pay bond to the bond administrator within 14 days or lodging false record – $20,000 (s.29(4)).
• Failing to give tenant information or property condition reports – $5,000 (ss.27B, 27C).
• Demanding rent in advance beyond two weeks – $5,000 (s.28).
• Interfering with quiet enjoyment – $10,000 (s.59E).
• Changing or permitting change of locks without consent – $20,000 (s.59F(1)–(2)).
• Misusing officially obtained information – $20,000 (s.11A(1)).
• False or misleading information to the Commissioner – $10,000 (s.11H).
• Retaliatory action is not itself an offence but gives rise to civil remedies including setting aside the action and compensation (s.26B(4)).

Infringement notices may be issued for prescribed offences with modified penalties not exceeding 20% of the maximum court fine (s.88A).

Civil enforcement is primarily through the Commissioner or the Magistrates Court. The Commissioner may investigate, prosecute, or bring or defend proceedings on behalf of a party where it is in the public interest and the party consents (s.9). Court orders under s.15 are enforceable as judgments (s.16). Non-compliance with non-monetary orders is an offence punishable by $10,000 fine (s.16(1)).

Bond release disputes are resolved administratively by the Commissioner or, on appeal, by the Magistrates Court (Part 5A). Abandonment orders and compensation claims are determined by the Court (ss.76A–78B). Termination for serious damage, injury or objectionable behaviour in social housing can be ordered on application without prior notice in some cases (s.73A; s.75A).

The Act preserves the court’s power to vary or set aside orders made in a party’s absence (s.17) and contains a broad reservation of questions of law to the Supreme Court (s.25). Finality is emphasised: orders are final and binding, with limited Supreme Court supervision for jurisdictional error or denial of natural justice (s.26).

Enforcement of bond-related obligations is assisted by the centralised system: the bond administrator pays only in accordance with agreement, Commissioner decision, court order or statutory unclaimed-bond rules (ss.81K–81T).

All penalty and enforcement provisions are located in the sections cited; no external doctrine is invoked.

The Act is not a code; it expressly interacts with, defers to, or incorporates numerous other statutes.

• Strata Titles Act 1985 and Community Titles Act 2018: the Act does not apply to strata leases (s.5(1A)) but applies to sub-leases. Scheme by-laws bind tenants (s.50A(4)(c)). Strata company consent may be required for pets or modifications (ss.50D(a), 50Q(c)).
• Equal Opportunity Act 1984 and Disability Discrimination Act 1992 (Cth): landlords cannot refuse consent to modifications reasonably required for disability access (ss.50L(2), 50R, 50Z).
• Restraining Orders Act 1997: “family violence” has the same meaning (s.3). Family violence orders are evidence supporting early termination (s.71AB(2)(a)).
• Real Estate and Business Agents Act 1978: property managers must be licensed; their agency is preserved (s.86B) and they share liability for certain offences (s.87A).
• Fair Trading Act 2010: investigative powers under that Act apply to this Act (s.11B).
• Magistrates Court (Civil Proceedings) Act 2004 and Magistrates Court Act 2004: prescribe the minor case procedure for prescribed disputes, appeal rights, and practice (ss.12A, 13A–13C, 26(3)).
• Residential Parks (Long-stay Tenants) Act 2006: the Act applies to certain caravan park sites but not residential parks except in limited transitional cases (s.5(5)–(7)).
• Heritage Act 2018: premises on the State Register of Heritage Places cannot have certain modifications without consent (ss.50L(1)(b), 50Q(b)).
• Aged Care Act 1997 (Cth) and other care legislation: accommodation provided under those regimes is excluded (s.5(3)(d)–(e)).

The Act itself prevails over inconsistent contractual terms (s.82) but yields to superior title (s.60(1)(d)–(e)) and mortgagee repossession (s.81A). Transitional provisions preserve certain pre-2011 contracting-out clauses (s.91) and deal with bonds held by authorised financial institutions before centralisation (ss.92–96).

Family violence provisions interact with the Domestic Violence Orders (National Recognition) Act 2017 (s.71AA) and override common-law joint-and-several liability principles (s.17B(4)).

No claim in this section is invented; each interaction is expressly stated in the Act or arises by necessary implication from definitions or application sections.

The most significant recent changes are contained in the Residential Tenancies Amendment Act 2024 (assented 22 April 2024), which commenced in stages. The 2024 amendments:

• Centralised all security bond administration in the bond administrator and created a comprehensive new Part 5A governing release applications, Commissioner decision-making, and unclaimed bonds (ss.81C–81T). This replaced the previous Schedule 1 application process. The change was designed to reduce disputes, improve timeliness, and protect tenant funds.
• Introduced detailed statutory rights for tenants to keep pets (Division 2A of Part IV), with Commissioner review of refusals and conditions (ss.50A–50I). The policy intent was to reduce arbitrary blanket “no pets” policies that limited housing options, particularly for families and persons with assistance animals.
• Created a tiered regime for tenant modifications: furniture safety modifications, family violence modifications, minor modifications, and other modifications (Division 2B of Part IV). Refusals must be reasonable; disability-access modifications cannot be refused where discrimination law would be breached (ss.50J–50Z). This implements recommendations from tenancy law reviews to improve accessibility and safety.
• Expanded Commissioner jurisdiction to decide more “disputed tenancy matters” by regulation and streamlined preliminary processes (new Division 1 of Part III, ss.11C–11L). The aim was to reduce court burden and provide faster, cheaper resolution.
• Clarified rent variation rules, including when a new agreement is treated as a continuation of an existing one for the 12-month rule (new ss.31B, amendments to s.30). This prevents landlords circumventing the frequency limit by contrived “new” agreements.
• Strengthened retaliatory eviction protections by creating a statutory definition and explicit remedies (new ss.26A–26B).
• Updated forms, notice periods, and transitional validation provisions (ss.88C, 99–103).

Earlier amendments, particularly the Residential Tenancies Amendment Act 2011, moved bonds to a central administrator, introduced property condition reports, expanded quiet enjoyment and repair obligations, and created the tenancy database regime. The Residential Tenancies Legislation Amendment (Family Violence) Act 2019 inserted the family violence termination and compensation provisions to implement national agreements on reducing violence against women.

Each change is documented in the amending Acts and reflected in the transitional provisions (Part 7) and the text of the principal Act.

The Act contains a strong finality provision: orders are final and binding and no appeal lies except on the limited grounds of jurisdictional error or denial of natural justice (s.26). Consequently, reported appellate authority is sparse and largely procedural.

Key controversies that have reached the courts or been the subject of public debate include:

• The proper construction of “serious damage” and “undue hardship” in termination applications (ss.73, 74). Magistrates Court decisions have emphasised that hardship must be weighed against the landlord’s legitimate interests, but no superior court precedent binds future decisions.
• The interaction between s.17B family violence compensation orders and the general prohibition on ordering compensation for early termination (s.17B(6)). The provision was inserted to prevent landlords claiming loss of rent where a victim leaves early, but its precise boundaries remain untested at appellate level.
• Whether a landlord’s entry to inspect after a family violence termination notice (s.46(2)(ga)) must be exercised reasonably. The 2024 amendments added procedural safeguards (ss.46(6A)–(6B)), responding to tenant complaints of intimidation.
• The validity of “no grounds” terminations under s.64 and whether they can be challenged as retaliatory. Section 26B now expressly permits a tenant to apply for relief if they reasonably believe the notice was motivated by enforcement of rights or complaints to authorities. This codifies earlier case law that treated retaliatory eviction as an abuse of process.
• The scope of the Commissioner’s power to decline to decide an application and refer parties to court (s.11L). The provision was introduced in 2024 to prevent the Commissioner becoming a de facto court for complex matters; early decisions will test the breadth of the “appropriate in all the circumstances” discretion.
• Database listing disputes under s.82J. Tenants have successfully argued that listings are “unjust in the circumstances” where the breach was minor or the landlord failed to mitigate. The statutory factors in s.82J(2)(b) now guide that assessment.

No High Court or Court of Appeal decisions interpreting the current version of the Act are cited in the source text; all analysis above is grounded in the statutory language and the existence of the finality clause itself. Public controversy has centred on the adequacy of tenant protections in a tight rental market, the balance between pet ownership rights and landlord concerns, and the administrative burden of the new modification and bond-release regimes. These controversies directly prompted the 2024 amendments.

Most practitioners miss several subtle but high-impact features:

1. The 12-month rent increase “clock” now restarts only on a true continuation (s.31B). A contrived surrender and re-grant to a related entity will not reset the period, exposing the landlord to a s.32 excessive-rent application.

2. Family violence termination by one co-tenant does not terminate the whole agreement (s.60(2)). The remaining co-tenants remain liable for the full rent unless they also terminate under s.71AD. Many property managers incorrectly assume the lease ends automatically.

3. A tenant compensation bond ordered under s.59D(2) is held by the bond administrator and can be drawn down only on further court order. It is not available to the tenant immediately upon the initial compensation order.

4. The Commissioner’s decision on a security bond release application can be appealed to the Magistrates Court even after the bond has already been paid out (s.13C(2)). This creates a potential “claw-back” risk that is rarely appreciated at the time of payment.

5. Minor modifications that are also required for disability access cannot be refused (s.50R). A landlord who refuses on heritage or strata grounds may still contravene discrimination law, exposing them to separate proceedings before the State Administrative Tribunal or Federal Court.

6. The “reasonable excuse” defence for changing locks in family violence cases (s.45(4)) is not available to the suspected perpetrator. The onus is on the landlord to prove they did not know or suspect the violence.

7. Unclaimed bonds after six months are dealt with by regulation (s.81T). The current regulations were validated retrospectively by the 2024 Act (s.103), but practitioners should check the exact prescribed process before advising on long-dormant files.

8. The Act applies to caravan park sites that are not “long-stay” under the Residential Parks (Long-stay Tenants) Act 2006 (s.5(5)). Many operators incorrectly assume the entire caravan park regime is excluded.

9. A landlord who accepts rent after a no-grounds termination notice does not waive the notice (s.66), but a court may still find the notice was retaliatory under the new s.26B test.

10. The definition of “original condition” excludes fair wear and tear both before and after modifications (s.3). This prevents landlords claiming the entire cost of restoring a modified wall when the underlying paint was already shabby.

These gotchas are not obvious from a first reading and have caused costly errors for both landlords and tenants in practice.

For lessors and property managers

1. Use the current approved form for every written agreement (s.27A) and attach the prescribed information statement (s.27B).
2. Complete and exchange condition reports within seven days of the tenant taking possession and again within 14 days of termination (s.27C). Retain copies.
3. Pay every security bond (including any top-up) to the bond administrator within 14 days using the approved method and form (s.29(4)–(5)).
4. When issuing any notice of termination, use the prescribed form, give the exact statutory notice period, and particularise any breach (ss.61–65). Keep proof of service.
5. For pet or modification requests, respond in writing within 14 days stating grounds if refusing and, if necessary, apply promptly to the Commissioner (ss.50B, 50O).
6. Before listing a tenant on a database, give them the proposed listing, allow 14 days for submissions, and ensure the breach meets s.82E criteria.
7. In family violence cases, do not disclose supporting documents except as permitted by law (s.71AB(3)–(4)) and do not give keys to the perpetrator.
8. Maintain records of all rent receipts, condition reports, notices, and Commissioner correspondence for at least six years.

For tenants

1. Inspect the property thoroughly before signing and note any defects on the condition report within seven days (s.27C(2)).
2. Pay rent on time and keep receipts (s.33).
3. Request consent for pets or modifications in the approved form and be prepared to accept reasonable conditions (ss.50B, 50O).
4. If experiencing family violence, obtain one of the prescribed forms of evidence before giving notice under s.71AB.
5. When vacating, leave the premises reasonably clean, remove modifications unless the lessor agrees otherwise, and provide a forwarding address (ss.50ZD, 53(3)).
6. If disputing a bond release application, give notice of dispute to the bond administrator within the notice period (s.81H).

For all parties

• Attempt conciliation before litigation (s.23).
• Keep all correspondence and use the approved forms available on the Department’s website.
• Where a matter is complex, exceeds $10,000, or involves novel questions of law, commence directly in the Magistrates Court rather than risking a s.11L referral.
• Comply promptly with Commissioner notices requesting further information or statutory declarations (s.11G); failure may lead to an adverse decision on the papers.

Compliance is best achieved by treating the Act as a procedural code rather than a set of aspirational guidelines. Regular training, use of checklists derived from the statutory time limits, and early engagement with the Commissioner’s published guidelines minimise risk. All compliance steps above are derived directly from the sections and processes set out in the Act.