Part 2 and Part 3: Administration and tribunal jurisdiction
The Commissioner for Consumer Affairs administers the Act (section 6). SACAT has jurisdiction over disputes under the Act, including termination orders, rent orders, compensation orders and orders about tenancy databases (sections 24-35).
Part 4: Mutual rights and obligations
Pre-agreement obligations (Division A1): Landlords must notify prospective tenants if the premises are for sale (section 47A), provide prescribed information (section 47B), and must not advertise in a misleading way (section 47C).
Agreement requirements (Division 1): Landlords must provide prescribed information to tenants at the start of the tenancy (section 48). The agreement must be in writing and include prescribed terms (section 49). The landlord bears the cost of preparing the agreement (section 50).
Rent (Division 3):
- Premises must be advertised at a fixed price (section 52A).
- Rent may only be increased by notice in accordance with section 55, and not more than once every 12 months.
- The Tribunal may declare rent excessive (section 56) having regard to the general level of rents for comparable premises, the capital value of the premises, and other factors. Applications for excessive rent based on a rent increase must be made within 90 days of the notice.
Bonds (Division 4): Bond must be lodged with the Commissioner and held in the Residential Tenancies Fund. The bond is repayable to the tenant at the end of the tenancy, subject to any claim by the landlord for damage, unpaid rent or other amounts.
Minimum housing standards (section 67A): Premises must comply with minimum housing standards prescribed by regulation. Occupation of non-complying premises is restricted.
Drug contamination (section 67B): Testing and remediation obligations apply where drug-related conduct has occurred on premises. A landlord may terminate on the ground of drug contamination (section 80A).
Landlord's obligation to repair (section 68): An implied term of every residential tenancy agreement requires the landlord to ensure the premises and ancillary property are in a reasonable state of repair at the beginning of the tenancy and throughout the tenancy, having regard to age, character and prospective life. The obligation does not require the landlord to act without notice: the landlord is in breach only if given notice of a defect and fails to act with reasonable diligence. Where the landlord fails to remedy a defect that is likely to cause personal injury, property damage or undue inconvenience, the tenant is entitled to compensation, to have the repairs done and recover the cost, or to terminate (section 85B).
Minimum efficiency standards (section 68A): Regulations may prescribe minimum energy efficiency standards for premises.
Tenant's obligations (Divisions 8 and 9): Tenants must maintain cleanliness, not damage the premises, and not engage in conduct that disturbs neighbours or endangers health and safety (sections 69 and 71).
Landlord's right of entry (section 72): Landlords may enter with not less than seven days' notice (or 48 hours' notice for inspections) for specified purposes. Emergency entry is permitted without notice where immediate entry is necessary.
Pets (Division 6A): Landlords must not unreasonably refuse consent to keeping a pet. A right-to-keep provision allows tenants to keep an exempt animal without consent.
Part 5: Termination
Termination by landlord (Division 2):
- Breach (section 80): A landlord may give a notice of termination for breach, requiring the tenant to remedy the breach within 14 days or vacate. If the breach is remedied, the notice has no effect.
- Drug contamination (section 80A): A new termination ground for confirmed drug contamination.
- Possession required (section 81): A landlord may terminate a periodic tenancy with at least 60 days' notice where possession is genuinely required for demolition, renovations, owner-occupation or sale requiring vacant possession.
- End of fixed term (section 83A): A landlord must give notice of non-renewal before the fixed term ends.
Termination by tenant (Division 3):
- Breach (section 85): A tenant may give a notice for the landlord's breach.
- Condition of premises (section 85B): A tenant may terminate if the premises are in an uninhabitable state.
- Domestic abuse (section 85D): A tenant who is a victim of domestic abuse may terminate with reduced notice.
- Without specifying ground (section 86): At the end of a fixed term, a tenant may give notice without specifying a ground.
Termination by Tribunal (Division 4): The Tribunal may terminate on application by either party, including on grounds of hardship (section 89), domestic abuse (section 89A), or unacceptable tenant conduct (section 90).
Part 5A: Residential tenancy databases
Landlords may only list a former tenant in a database if the tenancy was terminated because of a tribunal order for possession and there is an unpaid debt exceeding $1,000, or the tenant abandoned the premises, or the tenant was in breach of the agreement in a specified way (section 99F). Listings must be accurate and removed when no longer accurate. Tenants may apply to the Tribunal for removal or amendment of a listing (section 99L).
Part 7: Rooming houses
Proprietors of designated rooming houses must be registered (Division 1A). Parallel obligations to the residential tenancy framework apply: repair obligations, minimum standards, notice for entry, rent regulation and bond requirements. House rules may be set but must not be unreasonable.