Residential Tenancies Act 1995

Part 1—Preliminary 1—Short title This Act may be cited as the Residential Tenancies Act 1995. 3—Interpretation (1) In this Act, unless the contrary intention appears— abuse and act of abuse have the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009; ancillary property means property (not forming part of premises subject to a residential tenancy agreement) that is provided by the landlord, either under the residential tenancy agreement or independently of the agreement, for use by the tenant; bailiff means a bailiff appointed under the South Australian Civil and Administrative Tribunal Act 2013; bond means an amount a tenant is required to pay under a residential tenancy agreement, or an agreement collateral to a residential tenancy agreement, as security for the performance of obligations under a residential tenancy agreement; collateral agreement, in relation to a residential tenancy agreement for residential premises in a prescribed retirement village, includes a domestic services agreement that a tenant of the premises is required to enter into as a condition of the residential tenancy agreement or otherwise as a condition of admission as a resident of the village; Commissioner means the Commissioner for Consumer Affairs; controlled drug has the same meaning as in the Controlled Substances Act 1984; co‑tenant means a tenant who is 1 of 2 or more tenants under a residential tenancy agreement; decision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013; Deputy President means a Deputy President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; Deputy Registrar means a Deputy Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; domestic abuse means an act of abuse committed by a person against a domestic associate or a former domestic associate of the person; domestic associate—2 persons are domestic associates, 1 of the other, if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affect the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other; domestic facility requiring instructions means an appliance or device provided by a landlord for the use of a tenant for which it would be reasonable to expect the tenant to require instructions; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; domestic services agreement means an agreement with a tenant of residential premises in a prescribed retirement village for the provision of domestic services (such as meals, cleaning, gardening and laundry of linen); drug related conduct means conduct of a kind prescribed by the regulations in relation to a controlled drug; exempt animal means— (a) an assistance animal within the meaning of the Equal Opportunity Act 1984; or (b) a therapeutic animal within the meaning of section 88A of the Equal Opportunity Act 1984; Fund means the Residential Tenancies Fund; housing assessment order has the same meaning as in the Housing Improvement Act 2016; housing demolition order has the same meaning as in the Housing Improvement Act 2016; housing improvement order has the same meaning as in the Housing Improvement Act 2016; intervention order means an intervention order issued by a court under the Intervention Orders (Prevention of Abuse) Act 2009; landlord means— (a) the person who grants the right of occupancy under a residential tenancy agreement; or (b) a successor in title to the tenanted premises whose title is subject to the tenant's interest, and includes a prospective landlord and a former landlord; lawyer means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981; notice to vacate has the same meaning as in the Housing Improvement Act 2016; personal documents means official documents, photographs, correspondence or other documents that it would be reasonable to expect a person might wish to keep; preliminary rent control notice has the same meaning as in the Housing Improvement Act 2016; premises includes a part of premises; prescribed retirement village means a complex of residential premises or a number of separate complexes of residential premises that would be a retirement village within the meaning of the Retirement Villages Act 2016 except that no resident or prospective resident of the village pays an ingoing contribution (within the meaning of that Act) in consideration for, or in contemplation of, admission as a resident of the village; President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; registered community housing provider means a community housing provider registered under the Community Housing Providers National Law; Registrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; rent consists of— (a) the amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy; and (b) if the residential tenancy agreement is for residential premises in a prescribed retirement village and there is a domestic services agreement collateral to the residential tenancy agreement—the amount payable under the domestic services agreement for the period of the tenancy referred to in paragraph (a); rent control notice means a notice under Part 3 Division 3 of the Housing Improvement Act 2016 fixing the maximum rent payable for premises; residential premises means premises for occupation as a place of residence; residential tenancy agreement means an agreement (other than a rooming house agreement) under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right1) to occupy premises for the purpose of residence; An agreement under which a person grants another person, for valuable consideration, a right to occupy for residential purposes a building on land (such as a studio or "granny flat") that is located adjacent to or near the primary residence on the land and which the other person has exclusive access to, and possession of, is a residential tenancy agreement. rooming house means residential premises in which 2 or more rooms are available, for valuable consideration, for residential occupation; rooming house agreement means an agreement under which accommodation is provided (with or without meals, or other facilities or services) in a rooming house; rooming house proprietor means a person who carries on a business involving the provision of accommodation under rooming house agreements; rooming house resident means a person who boards or lodges in a rooming house; statutory charges means— (a) rates or charges imposed under the Local Government Act 1999; and (b) rates or charges imposed under the Water Industry Act 2012; and (c) land tax under the Land Tax Act 1936; and (d) levies under the Emergency Services Funding Act 1998; and (e) levies under the Landscape South Australia Act 2019; and (f) any charges of a kind imposed under an Act and declared by regulation to be statutory charges; tenancy dispute means— (a) a claim under a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement; or (b) a dispute between parties or former parties to a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement, about matters arising under the agreement or this Act; or (c) any matter that may be the subject of an application under this Act to the Tribunal; tenant means the person who is granted a right of occupancy under a residential tenancy agreement or a person to whom the right passes by assignment or operation of law and includes a prospective tenant or a former tenant; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) If this Act provides for something to be done within a specified period from a particular day, the period will be taken not to include the particular day. (3) If this Act provides that action may be taken after the expiration of a specified period of days, the period will be taken to be a period of clear days. (3a) A receipt required to be given under this Act may be in paper or electronic form. (4) For the purposes of this Act, a residential tenancy agreement includes an agreement granting a corporation the right to occupy premises that are occupied, or that are intended to be occupied, as a place of residence by a natural person. (5) For the purposes of this Act— (a) a reference to a rooming house is taken to include a reference to a designated rooming house (within the meaning of Part 7 Division 1A); and (b) a reference to a rooming house agreement is taken to include a designated rooming house agreement (within the meaning of Part 7 Division 1A); and (c) a reference to a rooming house proprietor is taken to include a reference to a designated rooming house proprietor (within the meaning of Part 7 Division 1A). 1 However, it should be noted that the Act confers certain protections against intrusion on the premises by the landlord. Hence, even if the agreement does not, in its terms, confer an exclusive right to occupation, the Act will (at least in some respects) assimilate the right of occupation to the exclusive right conferred by a lease. 4—Presumption of periodicity in case of short fixed terms (1) If a residential tenancy agreement is entered into for a short fixed term, the agreement is taken to be an agreement for a periodic tenancy with a period equivalent to the length of the fixed term unless the landlord establishes that— (a) the tenant genuinely wanted a tenancy ending at the end of the short fixed term and the term was fixed at the tenant's request; or (b) before the residential tenancy agreement was entered into— (i) the landlord gave the tenant a notice containing a warning in the form required by regulation; and (ii) the tenant signed a statement in the form required by regulation acknowledging that the tenant did not expect to continue in possession of the premises after the end of the term stated in the agreement. (2) A short fixed term is a term of 90 days or less. 5—Application of Act (1) This Act does not apply to— (a) an agreement giving a right of occupancy in— (i) a hotel or motel; or (ii) an educational institution, college, hospital or nursing home; or An agreement under which a right of occupancy is given to a student in accommodation provided within an educational institution or college would not be an agreement to which this Act applies (but this Act would apply, subject to this Act, to an agreement under which a right of occupancy is given to a student in accommodation that is not within an educational institution or college). (iii) club premises; or (iv) a home for aged or disabled persons administered by an eligible organisation under the Aged or Disabled Persons Care Act 1954 of the Commonwealth; or (v) a retirement village within the meaning of the Retirement Villages Act 2016 (other than an agreement of a kind referred to in section 57 of that Act); or (vi) a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; or (vii) prescribed premises, or premises of a prescribed class; or (ab) an agreement to which the Residential Parks Act 2007 applies; or (b) an agreement (other than a rooming house agreement) under which a person boards or lodges with another; or (c) an agreement genuinely entered into for the purpose of conferring on a person a right to occupy premises for a holiday; or (d) an agreement conferring a right to occupy premises for the purpose of residence but under which no rent is payable; or An agreement under which families exchange houses for an agreed period would not be a residential tenancy agreement if no rent were payable under the agreement. (e) an agreement for the sale of land that confers a right to occupy premises for a period of 28 days or less on a party to the agreement; or (f) a mortgage; or (g) an agreement arising under a scheme in which— (i) a complex of adjacent premises is owned by a company; and (ii) the premises are let by the company to persons who jointly have a controlling interest in the company; or (h) a prescribed agreement or an agreement of a prescribed class. (1a) The regulations may exclude prescribed classes of agreements that relate to land owned (wholly or in part) by the South Australian Housing Trust, or by a subsidiary of the South Australian Housing Trust, from the operation of subsection (1)(e). (1b) For the purposes of this Act, an agreement conferring a right to occupy premises for a fixed term of 60 days or longer is to be taken, in the absence of proof to the contrary, not to be an agreement referred to in subsection (1)(c). (1c) For the purposes of this Act, a residential tenancy agreement for residential premises in a prescribed retirement village is to be taken not to be an agreement under which a person boards or lodges with another. (2) The following provisions of this Act (and only those provisions) apply to residential tenancy agreements under which the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust is the landlord, to residential tenancies arising under those agreements and to related disputes— (a) Part 3 (South Australian Civil and Administrative Tribunal); (ab) Section 65 (Quiet enjoyment); (b) Section 66 (Security of premises); (ba) Section 67B (Testing and remediation in relation to drug contamination); (c) Section 71 (Tenant's conduct); (caa) Section 80A (Termination by landlord on ground of drug contamination); (ca) Section 87 (Termination on application by landlord); (cb) Section 89A (Termination based on domestic abuse); (d) Section 90 (Tribunal may terminate tenancy where tenant's conduct unacceptable); (e) Section 93 (Order for possession); (f) Section 99 (Enforcement orders for possession); (g) Division 3 of Part 8 (Powers of the tribunal); (h) Division 4 of Part 8 (Representation).

Part 2—Administration 6—Administration of this Act The Commissioner is responsible for the administration of this Act. 7—Ministerial control of administration The Commissioner is, in the administration of this Act, subject to control and direction by the Minister. 8—The Commissioner's functions The Commissioner has the following functions: (a) investigating and researching matters affecting the interests of parties to residential tenancy agreements and rooming house agreements; and (b) publishing reports and information on subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and (c) giving advice (to an appropriate extent) on the provisions of this Act and other subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and (d) investigating suspected infringements of this Act and taking appropriate action to enforce the Act; and (e) making reports to the Minister on questions referred to the Commissioner by the Minister and other questions of importance affecting the administration of this Act; and (f) administering the Fund. 10—Annual report (1) The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June. (2) The report must include a report on the administration of the Fund. (3) The Minister must, within six sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.

Part 3—South Australian Civil and Administrative Tribunal

Division 3—The Tribunal's jurisdiction 24—Jurisdiction of Tribunal (1) The Tribunal has— (a) exclusive jurisdiction to hear and determine a tenancy dispute; (b) subject to the regulations—jurisdiction to hear and determine claims or disputes arising from tenancies granted for residential purposes by the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, or arising under agreements collateral to such tenancies (including such agreements that may involve a third party). (2) However, the Tribunal does not have jurisdiction to hear and determine a monetary claim if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable). (3) If a monetary claim is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same tenancy may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim. (4) A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act and, to such extent as may be necessary and appropriate, the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013. (5) If the plaintiff in proceedings brought in a court under this section recovers less than $40 000, the plaintiff is not entitled to costs unless the court is satisfied that there were reasonable grounds for the plaintiff to believe that the plaintiff was entitled to $40 000 or more. 25—Application to Tribunal Despite any requirement under the South Australian Civil and Administrative Tribunal Act 2013, a requirement to give notice of an application under this Act— (a) may, if relevant, be directed to an occupier or subtenant of premises; and (b) if paragraph (a) applies, need not address the occupier or subtenant by name. 25A—Registrar may make orders in certain cases The Registrar or a Deputy Registrar of the Tribunal may make an order in relation to a tenancy dispute with the written consent of the parties to the dispute (and such an order operates as an order of the Tribunal).

Division 5—Procedural powers of Tribunal 32—Intervention of designated housing agency (3) The Tribunal may, on the application of a designated housing agency, allow the designated housing agency to intervene in proceedings before the Tribunal when a registered community housing provider is a party to the proceedings. (4) If a designated housing agency is allowed to intervene in proceedings, it may intervene in the manner and to the extent directed by the Tribunal, and on other conditions determined by the Tribunal. designated housing agency means— (a) the Minister responsible for the administration of the Community Housing Providers (National Law) (South Australia) Act 2013; or (b) the South Australian Housing Trust. 33—Amendment of proceedings The Tribunal may amend proceedings if satisfied that the amendment will contribute to the expeditious and just resolution of the questions in issue between the parties.

Division 7—Orders 35—Special powers to make orders (1) The Tribunal may make an order in the nature of an injunction (including an interim injunction) or an order for specific performance. (2) However, a member of the Tribunal who is not a legally qualified member (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) cannot make an order under subsection (1) without the approval of the President or a Deputy President of the Tribunal. (6) The Tribunal may, in the exercise of its jurisdiction, make ancillary or incidental orders.

Division 8—Obligation to give reasons for decisions 39—Reasons for decisions The Tribunal must, if requested by a person affected by a decision of the Tribunal, where written reasons have not been given, state in writing the reasons for the Tribunal's decision. 39A—Time for application for review or instituting appeal Furthermore, if the reasons for a decision of the Tribunal have not been given in writing and— (a) an applicant for review of the decision of the Tribunal under section 70 of the South Australian Civil and Administrative Tribunal Act 2013; or (b) a person appealing against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, requests the Tribunal within 1 month of the making of the decision to state the reasons in writing, the time for making the application for review or instituting the appeal (as the case may be) runs from the time when the person receives the written statement of reasons.

Part 4—Mutual rights and obligations of landlord and tenant Division A1—Before entering into residential tenancy agreement 47A—Prospective tenant to be notified of sale of premises A landlord must ensure that a prospective tenant is advised, before entering into a residential tenancy agreement, if the landlord has advertised, or intends to advertise, the residential premises for sale and of any existing sales agency agreement for the sale of the residential premises. 47B—Prospective tenant—requirements relating to provision of information (1) A landlord, or an agent of a landlord, must not request the provision of prescribed information from a prospective tenant or any other person (except in prescribed circumstances). (2) Subsection (1) does not apply to— (a) an entity, or a class of entities, prescribed by the regulations; or (b) a provider of a housing assistance program, or a class of housing assistance programs, prescribed by the regulations. (2a) A prospective tenant must not give a landlord, or an agent of a landlord, false information or a falsified document in connection with an application to enter a residential tenancy agreement. (3) The regulations may include requirements relating to the provision of information to or by a prospective tenant in connection with the prospective tenant applying to enter into a residential tenancy agreement (including requirements relating to the manner or form in which information is to be provided). (4) A person who contravenes a requirement prescribed under subsection (3) is guilty of an offence. 47C—Advertising premises and misleading etc conduct (1) A landlord, or an agent of a landlord, who advertises or otherwise offers premises for rent under a residential tenancy agreement must display or distribute the prescribed information relating to the agreement in accordance with the requirements determined by the Commissioner. (2) A landlord, or an agent of a landlord, must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.

Division 1—Entering into residential tenancy agreement 48—Information to be provided by landlords to tenants (1) A landlord must ensure that a tenant is given, before or at the time the landlord and tenant enter into a residential tenancy agreement, a written notice setting out— (a) if an agent is acting for the landlord—the agent's name, telephone number and postal or email address for service of documents; and (b) the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (c) if no agent is acting for the landlord—the landlord's telephone number; and (d) the full name and address of any person with superior title to the landlord; and (e) if the landlord is a company—the address of the registered office of the company; and (ea) if electricity is supplied to the premises via a connection point that is part of an embedded network—the prescribed information relating to the supply of electricity; and (f) any other information required by the Commissioner. (2) A landlord must take reasonable steps to ensure that a tenant is given, before or at the time the tenant commences occupation of the premises under a residential tenancy agreement, manufacturers' manuals, or written or oral instructions, about the operation of any domestic facilities requiring instructions. Domestic facilities requiring instructions should also be listed in the tenancy agreement—see section 69(3a). (3) If a person succeeds another as the landlord, the new landlord must, within 14 days, ensure that the tenant is given a written notice setting out— (a) if an agent is acting for the new landlord—the agent's name, telephone number and postal or email address for service of documents; and (b) the new landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (c) if no agent is acting for the new landlord—the new landlord's telephone number; and (d) if the new landlord is a company—the address of the registered office of the company; and (e) any other information required by the Commissioner. (4) If a name, postal or email address or telephone number of which the landlord is required to notify the tenant under this section changes, the landlord must, within 14 days of becoming aware of the change, notify the tenant in writing of the change. embedded network has the same meaning as in the National Electricity Rules. 49—Residential tenancy agreements (1) A written residential tenancy agreement entered into after the commencement of this section must— (a) state clearly in a prominent position at the beginning of the agreement that— (i) the agreement is a residential tenancy agreement; and (ii) the parties to the agreement should consider obtaining legal advice about their rights and obligations under the agreement; and (b) set out— (i) if an agent is acting for the landlord—the agent's name, postal or email address and telephone number, and, if the agent is registered as an agent under the Land Agents Act 1994, his or her registration number under that Act; and (ii) the landlord's full name and postal or email address for service of documents (which must not be the agent's address for service); and (iii) if no agent is acting for the landlord—the landlord's telephone number; and (iv) the tenant's name; and (v) the address of the residential premises; and (vi) the terms of the agreement, including— (A) the amount of rent payable; and (B) the interval between rental payment times; and (C) the method by which rent is to be paid; and (D) the amount of the bond; and (E) any agreement reached as to responsibility for rates and charges for water supply; and (F) responsibility for insurance of the premises and the contents of the premises; and (G) any other terms of the agreement (including, for example, terms in relation to pets or responsibility for repairs); and (c) be dated and signed by the parties to the agreement; and (d) comply with any other requirements prescribed by the regulations. (2) A provision of a residential tenancy agreement that does not comply with subsection (1) that requires the tenant to pay a bond is unenforceable. (3) A landlord must not enter into a residential tenancy agreement unless the landlord or an agent acting for the landlord has first given the tenant a written guide that explains the tenant's rights and obligations under such an agreement and is in the form approved by the Commissioner for the purposes of this section. (4) The matters specified or agreed in a written residential tenancy agreement entered into after the commencement of this section may not be varied unless the variation is in writing and dated and signed by the landlord and tenant. (5) A landlord under a written residential tenancy agreement must keep a copy of the agreement, and any variation of the agreement, whether in paper or electronic form, for at least 2 years following termination of the agreement. (6) If a landlord (or an agent acting for a landlord) invites or requires a tenant or prospective tenant to sign a written residential tenancy agreement, the landlord must ensure that— (a) the tenant receives a copy of the residential tenancy agreement when the tenant signs it; and (b) if the agreement has not then been signed by the landlord, a copy of the agreement, as executed by all parties, is delivered to the tenant within 21 days after the tenant gives the agreement back to the landlord or the landlord's agent to complete its execution. (7) Subject to subsection (2), a failure to comply with this section does not make the residential tenancy agreement illegal, invalid or unenforceable. 50—Cost of preparing agreement The cost of preparing a written residential tenancy agreement must be borne by the landlord. Residential tenancy agreements are exempt from stamp duty. 51—False information from tenant A tenant must not give a landlord false information about the tenant's identity or place of occupation.

Division 2—Discrimination against tenants with children 52—Discrimination against tenants with children (1) A person must not refuse to grant a tenancy to another on the ground that it is intended that a child should live on the premises. (2) A person must not— (a) instruct a person not to grant; or (b) state an intention (by advertisement or in any other way) not to grant, a tenancy on the ground that it is intended that a child should live on the premises. (3) However, this section does not apply if the landlord, or an agent appointed by the landlord to manage the premises, resides in the premises to which the tenancy relates. Division 3—Rent 52A—Premises to be offered for rent at fixed amount (1) A landlord, or an agent of a landlord, must not advertise or otherwise offer premises for rent under a residential tenancy agreement unless the rent under the agreement is advertised or offered as a fixed amount. (2) Nothing in subsection (1) prevents a person from placing a sign at or near premises for rent that— (a) advertises or offers premises for rent; and (b) does not state an amount of rent for premises. (3) A landlord, or an agent of a landlord, must not solicit or otherwise invite an offer of an amount of rent under a residential tenancy agreement that is higher than the advertised amount of rent for the premises. (4) This section does not apply to— (a) the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust; or (b) a registered community housing provider. 52B—Special provision relating to assessments etc of prospective tenants (1) A person acting in trade or commerce (other than an agent of a landlord) must not provide an assessment or rating of the suitability of a prospective tenant to enter into a residential tenancy agreement if a basis of the assessment or rating relates to— (a) in the case of premises advertised or otherwise offered for rent as a fixed amount under the residential tenancy agreement—the fact that the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement is higher than the fixed amount; or (b) in any other case—the amount of rent that the prospective tenant is willing to pay under the residential tenancy agreement. (2) A person must not, except in prescribed circumstances, require or receive from a prospective tenant a payment (however described) for the provision of an assessment or rating of the suitability of the prospective tenant to enter into a residential tenancy agreement. 53—Permissible consideration for residential tenancy (1) A person must not require or receive from a tenant or prospective tenant a payment, other than rent or a bond (or both), for a residential tenancy or the renewal or extension of a residential tenancy. (a) the landlord may lawfully require or receive consideration for an option to enter into a residential tenancy agreement but, in that case, the following condition applies: (i) if the prospective tenant enters into the residential tenancy agreement, the landlord must apply the consideration towards rent payable under the agreement; (ii) if the prospective tenant does not exercise the option to enter into the residential tenancy agreement, the landlord may retain the consideration; and (b) if the consumption of water at the premises is separately metered, the landlord may require the tenant to reimburse the landlord for rates and charges for water consumption that are based on the amount of water used at the premises pursuant to the residential tenancy agreement or a collateral agreement; and (c) the landlord may lawfully require or receive a payment of a class the landlord is authorised to require or receive by another provision of this Act or under the regulations. 54—Rent in advance (1) A person must not require1 the payment of more than two weeks' rent under a residential tenancy agreement before the end of the first two weeks of the tenancy. (2) If rent has been paid under a residential tenancy agreement, a person must not require1 a further payment of rent until the end of the last period for which rent has been paid. (3) A person must not require another to give a post-dated cheque or other post-dated negotiable instrument in payment of rent under a residential tenancy agreement. 1 The prohibition is against requiring payment of rent for more than two weeks in advance. Hence, if a tenant voluntarily elects to pay rent for more than two weeks in advance, the landlord (or the landlord's agent) may lawfully accept the payment. 55—Variation of rent (1) The landlord may increase the rent payable under a residential tenancy agreement by giving written notice to the tenant specifying the date as from which the increase takes effect. (a) the right to increase the rent may be excluded or limited by the terms of the residential tenancy agreement; and (b) if the tenancy is for a fixed term, the residential tenancy agreement is taken to exclude an increase in rent during the term unless it specifically allows for an increase in rent; and (c) the date fixed for an increase of rent must be at least 12 months after the date of the agreement or, if there has been a previous increase of rent under this section, the last increase and at least 60 days after the notice is given but— (i) if a rent control notice that has applied in respect of the rented property ceases to be in force, the landlord may, by notice given under this section within 60 days after the rent control notice ceases to be in force, increase the rent for the premises from a date falling at least 14 days after the notice is given; and (ii) if the landlord is a registered community housing provider, and the residential tenancy agreement provides for variation of rent in accordance with the tenant's income, the landlord may increase the rent on the ground of a variation in the tenant's income from a date falling at least 14 days after the notice of the increased rent is given; and (iii) if the landlord is a registered community housing provider under a residential tenancy agreement that allows the landlord to change the basis of calculating the rent payable under the agreement, and the landlord gives the tenant written notice that there is to be a change in the basis of calculating rent as from a specified date (which must be at least 60 days after the notice is given and at least 12 months from the date of the agreement, or if there has been a previous change in the basis of rent calculation, at least 12 months from the date of the last such change), the rent may be increased to accord with the new basis of rent calculation as from the specified date without further notice under this section. (2a) Despite subsections (1) and (2), the rent payable under a residential tenancy agreement may be increased at any time by mutual agreement between the landlord and the tenant. (2b) However, an increase of rent under subsection (2a) must be at least 12 months after the date on which the residential tenancy agreement was entered into or, if there has been a previous increase of rent under this section, the last increase. (3) The rent payable under a residential tenancy agreement may be reduced by mutual agreement between the landlord and the tenant. (4) A reduction of rent may be made on a temporary basis so that the rent reverts to the level that would have been otherwise applicable at the end of a specified period. (5) If the rent payable under a residential tenancy agreement is increased or reduced under this section, the terms of the agreement are varied accordingly. (7) For the purposes of this section, a series of residential tenancy agreements between the same parties (whether on the same terms or otherwise) and relating to the same premises is treated as a single residential tenancy agreement unless at least 12 months have elapsed since rent for the premises was fixed or last increased. 56—Excessive rent (1) The Tribunal may, on application by a tenant, declare that the rent payable under a residential tenancy agreement is excessive. (1a) If an application under subsection (1) is made on the basis of an increase of rent under section 55, the application must be made within 90 days after the notice of increased rent is given. (2) In deciding whether the rent payable under a residential tenancy agreement is excessive, the Tribunal must have regard to— (a) the general level of rents for comparable premises in the same or similar localities; and (b) the estimated capital value of the premises at the date of the application; and (c) the outgoings for which the landlord is liable under the agreement; and (d) the estimated cost of services provided by the landlord and the tenant under the agreement; and (e) the nature and value of furniture, equipment and other personal property provided by the landlord for the tenant's use; and (f) the state of repair and general condition of the premises; and (fa) the estimated cost of goods and services provided under any domestic services agreement collateral to the residential tenancy agreement; and (fb) if the rent was purportedly increased under section 55(2a)—whether the tenant was put under undue pressure to agree to the increase; and (fc) without limiting paragraph (fb), if the rent has been increased—whether the increase was disproportionate considering the amount of rent payable; and (g) other relevant matters. (3) If the Tribunal finds, on an application under this section, that the rent payable under a residential tenancy agreement is excessive, the Tribunal may, by order— (a) fix the rent payable for the premises and vary the agreement by reducing the rent payable under the agreement accordingly; and (b) fix a date (which cannot be before the date of the application) from which the variation takes effect; and (c) fix a period (which cannot exceed one year) for which the order is to remain in force. (4) The Tribunal may, on application by the landlord, vary or revoke an order under this section if satisfied that it is just to do so. (5) If, while an order remains in force under this section, a landlord asks for or receives rent for the premises to which the order relates exceeding the amount fixed by the order, the landlord is guilty of an offence. 56A—Manner etc of payment of rent (1) A landlord under a residential tenancy agreement must ensure that rent may be paid by the tenant under the agreement in a reasonably convenient manner and, in particular, must permit the tenant to pay by at least 1 means that is electronic and does not involve the collection of rent from the tenant by a third party who charges a fee for the collection service. (2) A person must not charge or receive from a tenant a fee for the payment of rent by, or collection of rent from, the tenant. 57—Landlord's duty to keep proper records of rent and other payments (1) A landlord under a residential tenancy agreement must ensure that the following information is recorded in respect of payments received under the agreement: (a) the date on which the payment was received; (b) the name of the person making the payment; (c) the amount paid; (d) the address of the premises to which the payment relates; (e) if the payment is for rent—the period of the tenancy to which the payment relates; (f) if the payment is a bond—a statement of that fact; (g) if the payment is not for rent or a bond—a description of the purpose of the payment, including, if applicable, the period of time to which the payment relates. (2) A person must not— (a) make a false entry in a record of a payment received under a residential tenancy agreement; or (b) falsify the record in any other way. 58—Duty to provide statement or give receipt for rent (1) A landlord under a residential tenancy agreement must, at the written request of the tenant, give the tenant a statement of the information recorded by the landlord under section 57(1) in respect of the rent received during the period specified in the request (and such statement must be given to the tenant within 7 days of the making of the request). (2) If a tenant pays rent other than into an ADI account, the person who receives the rent must, within 48 hours after receiving the rent, give the tenant a receipt setting out the information required to be recorded by the landlord under section 57(1) in respect of the rent received. 58A—Payment of rent by electronic transaction If a tenant pays rent into an ADI account kept by the landlord or the landlord's agent, the payment will be taken to have been made when it is credited to the ADI account. 59—Accrual and apportionment of rent (1) The rent payable under a residential tenancy agreement accrues from day to day. (2) If rent is paid in advance, and the tenancy ends before the end of the period for which rent has been paid, the landlord must refund the appropriate proportion of the amount paid to the tenant or apply it towards other liabilities of the tenant to the landlord. 60—Abolition of distress for rent A landlord is not entitled to distrain goods of a tenant for non-payment of the rent payable under a residential tenancy agreement.

Division 4—Bonds 61—Bond (1) A person must not— (a) require more than one bond for the same residential tenancy agreement; or (b) require the payment of a bond exceeding the relevant limit. (1a) A bond must— (a) be paid to the Commissioner or the landlord in the manner and form approved by the Commissioner; and (b) be accompanied by the information determined by the Commissioner. (1b) For the purposes of this section, a payment of an amount by way of a bond to a landlord's agent will be taken to be a payment to the landlord. (2) If at least two years have elapsed since a bond was given or last increased, the landlord may by written notice to the tenant require the tenant to increase the bond by a specified additional amount, within a specified period (which must be at least 60 days from the date of the notice), but not so that the total amount of the bond exceeds the relevant limit. (2a) A requirement under subsection (2) has effect as if it were a term of the residential tenancy agreement. (3) The relevant limit is— (a) if the rent payable under the agreement does not exceed an amount (which must be at least $250 per week) prescribed by regulation for the purposes of this paragraph—four weeks rent under the agreement; (b) if the rent payable under the agreement exceeds an amount prescribed by regulation for the purposes of this paragraph—six weeks rent under the agreement. (4) The relevant limit is, in the first instance, calculated by reference to the rent—or if the rent varies, the lowest rent—payable during the first six months of the tenancy (expressed as a weekly rent) and if there is to be an increase in the amount of the bond, the relevant limit is calculated by reference to the rent (expressed as a weekly rent) payable when the notice of increase is given. (5) For the purposes of determining the relevant limit, any amount payable under a domestic services agreement collateral to the residential tenancy agreement is not to be regarded as rent. 62—Receipt of bond and transmission to Commissioner (1) A person must, within 48 hours after receiving an amount paid by way of a bond, give the person who paid a receipt stating the date payment was received, the name of the person from whom the payment was received, the amount paid, and the address of the premises to which the payment relates. (2) A person who receives an amount by way of a bond must pay the amount of the bond to the Commissioner in the manner and form approved by the Commissioner and accompanied by the information determined by the Commissioner within the period allowed by regulation. (3) If the Commissioner receives an amount by way of a bond for a residential tenancy agreement from a person who is not the landlord, the Commissioner must, as soon as is reasonably practicable after receiving the amount, notify the landlord or the landlord's agent (as determined by the Commissioner) of the receipt of the amount in accordance with the regulations. (4) If the Commissioner receives an amount apparently by way of a bond and the Commissioner is satisfied that the amount is not within the ambit of the definition of a bond under this Act, the Commissioner may refund the amount in accordance with the regulations. 63—Repayment of bond (1) An application may be made to the Commissioner for— (a) payment of the whole amount of the bond either to the landlord or the tenant; or (b) payment of a specified amount of the bond to the landlord and the balance to the tenant. (2) The application— (a) must be in a manner and form approved by the Commissioner; and (b) may be made jointly by the landlord and the tenant or by either the landlord or the tenant. (3) If the application is undisputed, the Commissioner must pay out the amount of the bond as specified in the application. (4) If an application is liable to be disputed, the Commissioner must give the respondent written notice of the application (in a form the Commissioner considers appropriate) and inform the respondent that, if the respondent wants to dispute the application, a written notice of dispute must be lodged with the Commissioner within the prescribed period after the date the notice is given to the respondent. (5) If the respondent does not give the Commissioner written notice of dispute within the prescribed period after the day on which the Commissioner's notice under subsection (4) is given to the respondent, the Commissioner may pay out the amount of the bond as proposed in the application. (5a) However, if the application is made by the landlord alone more than 12 months after the termination of the residential tenancy agreement— (a) the Commissioner must refer the application to the Tribunal for determination; and (b) the Tribunal may authorise payment of the amount of the bond as proposed in the application if the Tribunal is satisfied, on the basis of information provided by the landlord, that the landlord is entitled to the payment. (6) If the Commissioner receives a written notice of dispute before the amount of the bond is paid out under subsection (5), the Commissioner must refer the dispute to the Tribunal for determination. (7) Despite a preceding subsection, if— (a) the bond has been provided or paid on behalf of the tenant by a third party prescribed by the regulations, or in circumstances prescribed by the regulations; and (b) the Commissioner is given notice of the third party's interest in accordance with the regulations, (c) the third party is entitled to make application to the Commissioner for the payment of the whole, or a specified part, of the bond; and (d) — (i) if the application is made with the consent of the landlord—the Commissioner must pay out the amount of the bond as specified in the application; (ii) in any other case—the Commissioner must give the landlord and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and— (A) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount of the bond as proposed in the application; (B) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (8) If a payment is made under subsection (7) and the tenant is still in possession of the premises, the landlord may require the tenant to provide a new bond in accordance with section 61. (9) If— (a) a bond is provided on behalf of the tenant by a third party prescribed by the regulations in circumstances prescribed by the regulations; and (b) the landlord makes application to the Commissioner for the payment of the whole, or a specified part, of the amount payable under the bond, (c) if the application is made with the consent of the third party—the Commissioner must pay out the amount as specified in the application; (d) in any other case—the Commissioner must give the third party and, if the tenant is still in possession of the premises, the tenant, written notice of the application (in a form the Commissioner considers appropriate) and— (i) if the Commissioner does not receive a written notice of dispute from the party or parties to whom the notice of the application was given within the prescribed period after the date on which the original notice is given—the Commissioner may pay out the amount as proposed in the application; (ii) in any other case—the Commissioner must refer the matter to the Tribunal for determination. (10) If a payment is made under subsection (9), the third party must reimburse the Fund to the extent of the payment. (11) A payment under this section will be made from the Fund. (12) For the purposes of the payment of an amount of a bond under this section, the Registrar may disclose to the Commissioner the details of a decision or order given or made by the Tribunal the disclosure of which would otherwise be contrary to a direction or order of the Tribunal. (13) For the purposes of this section— (a) an application is undisputed if it is a joint application by the landlord and the tenant; or an application by the landlord that the whole of the amount of the bond be paid to the tenant; or an application by the tenant that the whole of the amount of the bond be paid to the landlord; (b) an application that does not fall into any of those categories is liable to be disputed; (c) if the application was made by the landlord, each tenant is a respondent; if the application was made by a tenant, the landlord and any other tenant are the respondents. (14) Despite any provision of this section, the following provisions apply to the repayment of a bond under a residential tenancy agreement where there are co-tenants, other than if the whole amount of the bond is to be paid to the landlord: (a) if the application proposes that none of the bond is to be paid to the landlord and the landlord agrees to the application— (i) in the case of an application that proposes that the bond be paid to the co-tenants in shares that are not equal and each co-tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or (ii) in the case of an application that proposes that the bond be paid to the co-tenants in equal shares—the Commissioner must pay the bond to all co‑tenants in equal shares; (b) if the application proposes the payment of a specified amount of the bond to the landlord and the balance to the co‑tenants, and the amount proposed to be paid to the landlord is agreed to by the landlord— (i) in a case where the balance payable to the co‑tenants is to be paid in shares that are not equal and each co‑tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or (ii) in a case where the balance payable to the co‑tenants is to be paid in equal shares and at least 1 of the co‑tenants consents—the Commissioner may pay the bond as specified in the application. (15) If the Commissioner acts under subsection (14) in relation to an application, the application is not liable to be disputed. (16) Despite any provision of this section, an application by or on behalf of a landlord for the payment of the whole or a specified amount of a bond to the landlord must be made— (a) within the prescribed period after the end of the tenancy to which the bond relates; and (b) in the manner and form determined by the Commissioner. (17) The regulations may modify or disapply a provision of this section for the purposes of an electronic system approved by the Commissioner for the repayment of bonds. Division 5—Tenant's entitlement to possession and quiet enjoyment 64—Vacant possession etc (1) It is a term of a residential tenancy agreement that the tenant is entitled to vacant possession of the premises (except for a part of the premises in respect of which a right to exclusive possession is not given by the agreement) from the day the tenancy begins. (2) It is a term of a residential tenancy agreement that there is no legal impediment of which the landlord has, or ought to have knowledge, to the tenant's occupation of the premises for the period of the tenancy as a place of residence. 65—Quiet enjoyment (1) It is a term of a residential tenancy agreement that— (a) the tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord's title; and (b) the landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises; and (c) the landlord will take reasonable steps to prevent other tenants of the landlord in occupation of adjacent premises from causing or permitting interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises. (2) If the landlord causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant's use of the premises in circumstances that amount to harassment of the tenant, the landlord is guilty of an offence.

Division 6—Security of premises 66—Security of premises (1) Subject to this Division, it is a term of a residential tenancy agreement that— (a) the landlord will take reasonable steps to provide and maintain the locks and other devices that are necessary to ensure the premises are reasonably secure; and (b) neither the landlord nor the tenant will alter or remove a lock or security device or add a lock or security device without the consent of the other; and (c) neither the landlord nor the tenant will unreasonably withhold his or her consent to the alteration, removal or addition of a lock or security device by, and at the expense of, the other. (2) A landlord or tenant who, without reasonable excuse, contravenes the term of the agreement arising under subsection (1)(b) is guilty of an offence. (3) If the landlord's agent, without reasonable excuse, alters or removes a lock or security device, or adds a lock or security device, without the tenant's consent, the agent is guilty of an offence. 66A—Altering locks etc for premises in certain circumstances (a) a tenant under a residential tenancy agreement is excluded from the premises because of an order of a prescribed kind relating to domestic abuse or personal safety (a relevant order); and (b) a person to whom a relevant order relates in a manner prescribed by the regulations (a protected person) is also a party to the residential tenancy agreement or has been living at the premises as their primary place of residence, the protected person may alter any lock or security device of the premises, whether or not the protected person is a party to the residential tenancy agreement. (2) As soon as practicable after a protected person alters a lock or security device, the protected person must— (a) give the landlord or landlord's agent— (i) a key to the lock or security device; and (ii) either a certified extract or a copy of the relevant order; and (b) give a key to the lock or security device to the parties to the residential tenancy agreement, other than the tenant excluded from the premises. (3) A landlord or landlord's agent must not disclose a certified extract or a copy of a relevant order received under this section except in accordance with the regulations. Expiation fee: $2 000. 66B—Application to Tribunal to alter etc locks or security devices without consent (1) If a tenant under a residential tenancy agreement believes that the landlord is unreasonably withholding their consent contrary to the term of the agreement set out in section 66(1)(c), the tenant may apply to the Tribunal for a determination that the consent of the landlord to the alteration, removal or addition of a lock or security device is not required. (2) If, after giving each party an opportunity to be heard, the Tribunal determines that consent is not required, the tenant may alter, remove or add the lock or security device without the landlord's consent.

Division 6A—Keeping of pets on premises 66C—Keeping of pets on premises (1) A tenant may— (a) keep a pet on premises rented under a residential tenancy agreement with the approval of the landlord; and (b) keep an exempt animal on premises rented under a residential tenancy agreement without the approval of the landlord. (2) A tenant may apply to the landlord, or an agent of a landlord, for approval under subsection (1). (3) An application under subsection (2) must— (a) be made in a manner and form determined by the Commissioner; and (b) comply with any other requirements set out in the regulations. (4) A landlord, or an agent of the landlord, must, within 14 days after receipt of an application under subsection (2), give the tenant a written notice setting out— (a) whether the landlord approves or refuses the tenant’s application; and (b) if the landlord approves the tenant’s application subject to conditions—the conditions of the approval; and (c) if the landlord refuses the tenant’s application— (i) the grounds for the refusal; and (ii) the reasons the landlord believes the grounds for the refusal apply to the application. (5) If a landlord, or an agent of the landlord, fails to give the tenant a written notice within the period specified in subsection (4), or gives the tenant a notice that does not comply with that subsection, the landlord will be taken to have given approval to the keeping of the pet specified in the application on the relevant premises. (6) An approval under subsection (5) is taken to be subject to any conditions determined by the Commissioner for the purposes of this subsection. (7) A landlord may, by notice in writing to the tenant, impose, vary or revoke a condition of an approval given (or taken to be given) at any time. (8) An approval given by a landlord, or an agent of the landlord, under this section may be subject to conditions if the conditions— (a) relate only to keeping the pet on the premises; and (b) are reasonable having regard to the type of pet and the nature of the premises; and (c) are stated in the written approval given to the tenant under subsection (4) or in a written notice given to the tenant under subsection (7). (9) Without limiting subsection (8)(b), the following conditions of an approval are taken to be reasonable: (a) a condition requiring the pet to be effectively restrained while a landlord or an agent of the landlord is entering or at the premises in the exercise of a right of entry to the premises under section 72; (b) if the pet is not a type of pet ordinarily kept inside—a condition requiring the pet to be kept outside on the premises; (c) if the pet is allowed inside the premises—a condition requiring carpets in the premises to be cleaned to a professional standard at the end of the tenancy. (10) A condition of a landlord’s approval for a tenant to keep a pet on premises is void if the condition— (a) would require the tenant to buy goods or services from the landlord or a specified person or business; or (b) would require the tenant to pay an amount in the nature of an incentive (other than rent, a bond or another amount required or authorised to be paid under this or any other Act); or (c) would require the tenant to pay an amount in the nature of a penalty or liquidated damages; or (d) would increase the rent or bond payable by the tenant; or (e) would require any form of security from the tenant. (11) This section is in addition to, and does not derogate from, a provision of any other Act or law that relates to the keeping of animals. 66D—Grounds for refusing pets being kept on premises For the purposes of this Division, the following are the only grounds for a landlord to refuse a tenant’s application for approval to keep a pet on premises: (a) keeping the pet would exceed a reasonable number of animals being kept on the premises; (b) the premises are unsuitable for keeping the pet because of a lack of appropriate fencing, open space or another thing necessary to humanely accommodate the pet; (c) keeping the pet would pose an unacceptable risk to the health or safety of a person, including, for example, because the pet is venomous; (d) keeping the pet would contravene a law; (e) keeping the pet would contravene a by‑law or rule applying to the premises under this or any other Act or law; (f) the tenant has not agreed to the reasonable conditions proposed by the landlord for approval to keep the pet, provided that the conditions are in accordance with section 66C(8) to (10) (inclusive); (g) the animal stated in the request is not a pet; (h) if the premises is a moveable dwelling premises—keeping the pet would contravene a condition of a licence applying to the premises; (i) any other ground prescribed by regulation. 66E—Tenant may seek Tribunal orders (1) If a tenant receives a notice under section 66C(4) refusing their application for approval under section 66C(2), the tenant may, in a manner and form determined by the Tribunal, apply to the Tribunal for an order under this section. (2) Subject to this section, the Tribunal may, on an application under this section, make 1 or more of the following orders: (a) an order confirming the refusal of approval to the keeping of a pet on premises rented under a residential tenancy agreement; (b) an order varying or revoking a condition of an approval under section 66C; (c) an order permitting a pet to be kept on premises rented under a residential tenancy agreement; (d) such ancillary or other orders as the Tribunal considers appropriate. (3) The Tribunal may only make an order under subsection (2)(a) if it is satisfied that it is reasonable to refuse approval to the keeping of a pet in accordance with section 66D. (4) Before making an order under subsection (2)(c), the Tribunal must have regard to reasonable conditions proposed by the landlord for approval to keep the pet in accordance with section 66C(8) to (10) (inclusive). (5) An order under subsection (2)(a), (c) or (d) remains in force— (a) for the period specified by the Tribunal in the order; or (b) if no such period is specified, until further order by the Tribunal, whether or not a new residential tenancy agreement is entered in respect of the relevant premises during the period. 66F—Continuation of approval to keep pet on premises Without limiting section 66E(5), if a pet is authorised to be kept on premises under this Division, the approval to keep the pet on the premises continues for the life of the pet and is not affected by any of the following: (a) the ending of a residential tenancy agreement, if the tenant continues occupying the premises under a new agreement; (b) a change in the landlord or landlord's agent. 66G—Limitation of landlord's liability A landlord, or an agent of a landlord, has no additional duty of care to a person arising in relation to an approval under section 66C or an order under section 66E. Division 7—Landlord's obligation in regard to condition of the premises 67—Cleanliness It is a term of a residential tenancy agreement that the landlord will ensure that the premises, and ancillary property, are in a reasonable state of cleanliness when the tenant goes into occupation of the premises. 67A—Occupation of premises that do not comply with minimum housing standards (1) Without limiting sections 64, 66, 67, 67B and 68, a landlord under a residential tenancy agreement must ensure that the premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016 on or before the day on which the tenant enters into occupation of the premises. (2) If premises do not comply with the standards referred to in subsection (1) on or immediately after the day on which the tenant enters into occupation of the premises, the tenant may request the landlord to carry out urgent repairs to the premises to ensure that the premises comply with the standards. 67B—Testing and remediation in relation to drug contamination (1) If a landlord becomes aware that drug related conduct has occurred on premises subject to, or proposed to be subject to, a residential tenancy agreement, or ancillary property, the landlord must as soon as reasonably practicable give the tenant notice that the premises or ancillary property (or both, as the case requires) will be tested for contamination. (2) If a notice is given to a tenant under this section and the landlord has not, within 1 month after giving the notice, conducted testing of the relevant premises in accordance with any requirements of the regulations the landlord is guilty of an offence. (3) If premises are contaminated according to testing conducted under this section, it is a term of a residential tenancy agreement relating to the premises that the landlord will ensure the contamination is remediated as soon as is reasonably practicable such that the premises comply with the prescribed minimum housing standards under the Housing Improvement Act 2016. 68—Landlord's obligation to repair (1) It is a term of a residential tenancy agreement that the landlord— (a) will ensure that the premises, and ancillary property, are in a reasonable state of repair at the beginning of the tenancy and will keep them in a reasonable state of repair having regard to their age, character and prospective life; and (b) will comply with statutory requirements affecting the premises. (1a) The obligation to repair applies even though the tenant had notice of the state of disrepair before entering into occupation. (a) the landlord will not be regarded as being in breach of the obligation to repair unless— (i) the landlord has notice of the defect requiring repair; and (ii) the landlord fails to act with reasonable diligence to have the defect repaired; and (b) if the landlord is a registered community housing provider, the regulations may limit the extent of the obligation imposed by subsection (1). (3) If— (a) premises or ancillary property are in a state of disrepair that does not arise from a contravention of the residential tenancy agreement by the tenant; and (b) the state of disrepair is, unless remedied, likely to result in personal injury or damage to property or undue inconvenience; and (c) the landlord— (i) has been notified of the state of disrepair by the tenant but has failed to take reasonable action to remedy the state of disrepair; or (ii) has not been notified of the state of disrepair despite the tenant's reasonable attempts to do so, then the tenant is entitled— (d) to reasonable compensation from the landlord in respect of any damage to property resulting from the state of disrepair after the tenant has notified, or made a reasonable attempt to notify, the landlord of the state of disrepair (however, the tenant must take reasonable steps to mitigate any loss and is not entitled to compensation for damage that could have been avoided by those steps); and (e) to recover from the landlord reasonable costs incurred by the tenant in having the state of disrepair remedied, but only if the repairs are carried out by a person who is licensed to carry out the necessary work and the person provides the landlord with a report on the work carried out and the apparent cause of the state of disrepair. (5) The Tribunal may, on application by the tenant, order the landlord to pay to the tenant compensation to which the tenant is entitled under this section. 68A—Minimum efficiency standards It is a term of a residential tenancy agreement that the landlord will ensure that the requirements prescribed by the regulations relating to energy and water efficiency are complied with in relation to appliances, fittings or fixtures installed or replaced on or after the commencement of this section by the landlord at the premises. This requirement does not apply to appliances, fittings and fixtures that were installed by the landlord on the premises before the day on which this section commences (even though those appliances, fittings and fixtures remain in use on the premises on and after that day) but will apply when those appliances, fittings and fixtures are replaced on or after that day. Division 8—Tenant's obligations in relation to the premises and ancillary property 69—Tenant's responsibility for cleanliness, damage and loss (1) It is a term of a residential tenancy agreement that the tenant— (a) must keep the premises and ancillary property in a reasonable state of cleanliness; and (ab) must replace, or compensate the landlord for the reasonable cost of replacing, any ancillary property lost or destroyed while in the care of the tenant; and (b) must notify the landlord of damage to the premises or ancillary property; and (c) must not intentionally or negligently cause or permit damage to the premises or ancillary property. (2) A tenant who intentionally causes serious damage to the premises or ancillary property is guilty of an offence. (3) It is a term of a residential tenancy agreement that, at the end of the tenancy, the tenant must give the premises and ancillary property back to the landlord in reasonable condition and in a reasonable state of cleanliness. (3a) If a tenant unintentionally causes damage to the premises or ancillary property as a result of the use of a domestic facility requiring instruction, the landlord is not entitled to compensation for the damage unless— (a) the domestic facility is listed in the residential tenancy agreement as a domestic facility requiring instruction; and (b) the landlord complied with section 48(2) in relation to the domestic facility. (4) In deciding whether premises or other property is in reasonable condition, its condition when the tenant took possession of it, and the probable effect of reasonable wear and tear since that time, must be taken into account. 70—Alteration of premises (1) It is a term of a residential tenancy agreement that a tenant must not, without the landlord's written consent, make an alteration or addition to the premises. (1a) It is a term of a residential tenancy agreement that a landlord will not unreasonably withhold his or her consent to an alteration or addition to the premises— (a) that is necessary to ensure the provision of infrastructure or a service of a prescribed kind; or (b) that is a minor alteration or addition; or (c) if the tenant has a disability within the meaning of the Equal Opportunity Act 1984—that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises; or (d) if the tenant has mobility or access needs relating to their age—that is reasonable and necessary for the tenant and would not significantly change, or affect the structure of, the premises. (1ab) Without limiting a landlord's right to refuse consent to an alteration or addition, the landlord may refuse consent if— (a) a valid notice of termination has been given to the tenant in connection with an imminent change of possession, use or ownership of the premises; or (b) the alteration or addition— (i) would significantly change the premises; or (ii) would require modifications to other premises or a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord; or (iii) would result in noncompliance with any other Act or law; or (c) any action required to restore the premises to the condition the premises were in immediately before the alteration or addition is not reasonably practicable in the circumstances. (1b) Subsection (1) does not apply in relation to an alteration or addition required under a housing improvement order or a housing demolition order that the tenant has been authorised to carry out under section 19 of the Housing Improvement Act 2016 by the Minister responsible for the administration of that Act. (2) A tenant may remove a fixture affixed to the premises by the tenant unless its removal would cause damage to the premises. (2a) Unless otherwise agreed between the landlord and the tenant— (a) the cost of an alteration or addition to the premises made by the tenant is to be borne by the tenant; and (b) at the end of the tenancy, the tenant must return the premises to its former state as if the alteration or addition had not been made. (2b) Subsection (2a) applies regardless of whether the alteration or addition was made pursuant to a consent of the landlord or otherwise. (3) If a tenant causes damage to the premises by making an alteration or addition to the premises or by removing a fixture, the tenant must notify the landlord and, at the option of the landlord, repair the damage or compensate the landlord for the reasonable cost of repairing the damage.

Division 9—Tenant's conduct on the premises 71—Tenant's conduct It is a term of a residential tenancy agreement that— (a) the tenant must not use the premises, or cause or permit the premises to be used, for an illegal purpose; and (b) the tenant must not cause or permit a nuisance; and (c) the tenant must not cause or permit an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises.

Division 9A—Landlord's obligation to advise of sale of premises 71A—Sale of residential premises (1) It is a term of a residential tenancy agreement that— (a) the landlord will give the tenant written notice of the landlord's intention to sell the residential premises not later than 14 days after the landlord enters into a sales agency agreement for the sale of the premises or determines to make the premises available for inspection by prospective purchasers; and (b) the residential premises will not be advertised for sale or made available for inspection by prospective purchasers before the day falling 14 days after the tenant is given notice of the landlord's intention to sell the premises. (2) It is a term of a residential tenancy agreement that, if a contract is entered into for the sale of the residential premises, the landlord must, not less than 14 days before the day of settlement under the contract or, if the day of settlement is less than 14 days after the day on which the contract is entered into, as soon as possible after the contract is entered into, give the tenant written notice of the name of the purchaser under the contract and the date from which rent is to be paid to him or her. (3) A landlord who, without reasonable excuse, contravenes a term of the agreement arising under this section is guilty of an offence.

Division 10—Landlord's right of entry 72—Right of entry (1) It is a term of a residential tenancy agreement that the landlord (or an agent of the landlord) may enter the premises— (a) in an emergency; or (b) to collect rent (if a reasonable alternative method of payment of rent not involving attendance at the premises has been offered to, but not accepted by, the tenant)— (i) not more than once each week; and (ii) only at a time previously arranged with the tenant (which may only be outside normal hours if the arrangement has been made no more than 7 days before the day of entry); or (c) to inspect the premises— (i) not more than 4 times in a year (or, if an order of the Tribunal has permitted otherwise under subsection (5c), in accordance with that order); and (ii) only in accordance with a written notice given to the tenant no less than 7 and no more than 28 days before the day of entry— (A) stating the purpose of the proposed entry and the date of the proposed entry; and (B) specifying a period of up to 2 hours (which must be within normal hours) within which the proposed entry will occur, (however, if the premises are in a remote location or it is necessary for the landlord or agent to be accompanied by a person for the purposes of the inspection, the notice need not specify a 2 hour period within which the proposed entry is to occur, but the entry must occur within normal hours); or (ca) to inspect the premises in accordance with an order of the Tribunal under section 89A(4)(b); or (d) to carry out garden maintenance, but only— (i) at a time previously arranged with the tenant no more than 7 days before the day of entry; or (ii) in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or (iii) at the request of the tenant; or (e) to carry out necessary maintenance (other than garden maintenance) or repairs (other than in an emergency), but only at the request of the tenant, or at a time within normal hours of which the tenant has been given at least 48 hours notice; or (ea) to carry out the requirements of a housing assessment order or housing improvement order at a reasonable time of which the tenant has been given at least 48 hours notice; or (f) to show the premises to prospective tenants— (i) at the request of the tenant; or (ii) during the period of 28 days preceding the termination of the tenancy agreement, but only on a reasonable number of occasions and only at a time within normal hours of which the tenant has been given reasonable notice; or (g) to show the premises to prospective purchasers, on not more than 2 occasions in any 7 day period (unless the tenant has agreed otherwise), but only— (i) at a time previously arranged with the agreement of the tenant (who must not unreasonably refuse to agree to times when the premises are to be available for inspection by prospective purchasers); or (ii) if agreement cannot be reached with the tenant—at a time within normal hours as ordered by the Tribunal, on application by the landlord, if the Tribunal is satisfied that the tenant is unreasonably withholding their agreement; or (h) if the landlord has given the tenant notice of a breach of the residential tenancy agreement under section 80—to determine whether the breach has been remedied, but only in accordance with a written notice in the prescribed form given to the tenant no less than 7 and no more than 14 days before the day of entry stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or (i) for some other genuine purpose, but only— (i) in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry and stating the purpose of the proposed entry and the date and time (which must be within normal hours) of the proposed entry; or (ii) with the consent of the tenant; or (j) if the landlord believes on reasonable grounds that the tenant has abandoned the premises. (2) It is a term of a residential tenancy agreement that if the tenant has indicated to the landlord that he or she wishes to be present during the period when the landlord or landlord's agent is at the premises, the landlord (or an agent of the landlord) may not enter the premises unless a reasonable effort has been made to arrange for the visit to occur at a time when it is convenient for the tenant to be present (having regard to the work and other commitments of both the tenant and the persons entering the premises). (3) Subsection (2) does not apply to entry under subsection (1)(a), (h) or (j). (4) It is a term of a residential tenancy agreement that neither the landlord nor an agent of the landlord may enter the premises otherwise than in accordance with the preceding subsections. (5) This section does not apply to a part of the premises that the tenant uses in common with the landlord or another tenant of the landlord. (5a) For the purposes of subsection (1)(c), (ca), (f), (g) and (h), the regulations may prescribe requirements relating to the production, distribution or publication of documents or records in connection with the relevant entry onto the premises. (5b) A landlord who contravenes a requirement under subsection (5a) is guilty of an offence. (5c) The Tribunal may, on application by the landlord or an agent of the landlord, order that the landlord or agent is permitted to inspect the premises more than 4 times in a year if the Tribunal is satisfied that such an order is necessary because of the state of the premises or any other prescribed circumstance. normal hours means the hours between 8am and 8pm on any day other than a Sunday or public holiday.

Division 11—Statutory charges 73—Statutory charges (1) Subject to this Division, it is a term of a residential tenancy agreement that the landlord must bear all statutory charges imposed in respect of the premises. (2) Subject to subsections (3) to (5) (inclusive)— (a) rates and charges for a prescribed service are to be borne as agreed between the landlord and tenant; or (b) in the absence of an agreement, the following provisions apply: (i) if the consumption of the prescribed service to the premises is separately metered— (A) rates and charges for the prescribed service that are based on the level of consumption at the premises are to be borne by the tenant; and (B) rates and charges for the prescribed service that are not based on the level of consumption at the premises are to be borne by the landlord; (ii) in any other case—rates and charges for the prescribed service are to be borne by the landlord. (3) A tenant is not required to pay rates and charges for a prescribed service in accordance with subsection (2) if the landlord fails to provide a copy of the invoice for those rates and charges within 30 days of the issue of the invoice by the authority responsible for the supply of the prescribed service. (4) A landlord must ensure that an amount borne by a tenant under an agreement under subsection (2)(a) or under subsection (2)(b)(i)(A) in relation to the consumption of water at the premises is reduced by— (a) in the case of a tenant on land held as a single title consisting of a single place of residence—the water security rebate amount; or (b) in the case of a tenant on land held as a single title consisting of more than 1 place of residence—the proportionate water security rebate amount, (and if the reduction under this subsection results in a negative amount, 0 is to be substituted for that amount). (5) If, during the period to which an invoice applies for which a landlord obtained the benefit of the water security rebate amount, the premises to which the rebate relates were subject to more than 1 residential tenancy agreement, the landlord must ensure that a reduction under subsection (4) is applied to the amount borne by a tenant under each tenancy agreement on a pro rata basis according to the number of days in the invoice period for which each tenancy agreement respectively applied at the premises. prescribed service—each of the following is a prescribed service: (a) the supply of electricity; (b) the supply of gas; (c) the supply of water; (d) the supply of a service of a kind prescribed by the regulations; proportionate water security rebate amount, in relation to a tenant on land held as a single title consisting of more than 1 place of residence, is the amount that results from dividing the water security rebate amount for that title by the number of places of residence at the land to which the title relates; water security rebate amount, in relation to rates and charges for consumption of water at residential premises, means the amount specified in an account for those rates and charges (whether before or after the commencement of this definition) as representing the rebate for water security purposes. 73A—Agreements relating to installation of solar energy systems (1) A landlord and tenant in respect of a residential tenancy agreement may enter into an agreement under which the tenant is liable for an amount in relation to the costs and charges for the installation of a solar energy system for the premises. (2) In this section— solar energy system means— (a) a solar photovoltaic system; or (b) a solar hot water system; or (c) a solar battery system; or (d) any combination of a system or systems referred to in paragraphs (a) to (c); or (e) any ancillary equipment related to a system referred to in paragraphs (a) to (d). 73B—Excessive water usage charges (1) Subject to this section, if a tenant has been charged for excessive usage of water at the premises caused by a fault in water infrastructure or equipment (both within the meaning of the Water Industry Act 2012), or other appliances, fittings or fixtures relating to water supply, on or connected to the premises, the landlord is liable for that part of the excessive usage charge that is additional to an amount of ordinary water usage by the tenant. Excessive usage charges caused by a leak in the underground pipe of a water service connected to premises. (2) A landlord is not liable for excessive usage charges under subsection (1) unless— (a) the tenant notified the landlord, as soon as practicable, of— (i) the excessive usage charges; and (ii) if the tenant knew or ought reasonably to have known the fault that caused the excessive usage—details of the fault; and (b) the fault was not caused by any action or omission of the tenant. (3) Neither a landlord nor a tenant is responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a water industry entity under the Water Industry Act 2012. (4) A landlord must reimburse a tenant for any reasonable costs incurred by the tenant for diagnosis of the fault referred to in subsection (1) conducted by a suitably qualified person. (5) For the purposes of this section, the regulations may make provision in relation to calculating or determining the amount of excessive usage charges (including by making provision in relation to an amount of ordinary water usage by a tenant).

Division 12—Assignment and sub-letting 74—Assignment and sub-letting by tenant (1) A tenant under a residential tenancy agreement must not assign or sub‑let the whole or any part of the premises without the landlord's written consent. (2) A landlord must not unreasonably withhold consent to the assignment or sub‑letting of the whole or any part of the premises. (3) For the purposes of subsection (2), it is unreasonable to withhold consent if the basis for doing so would constitute discrimination under the Equal Opportunity Act 1984. (4) For the purposes of subsection (2), it is not unreasonable for a landlord who is a community housing provider registered under the Community Housing Providers National Law to withhold consent if the person to whom the premises, or part of the premises, is to be sub‑let does not meet the eligibility requirements for the community housing or any membership or other requirements of the provider associated with the occupation of those premises. (5) An assignment or sub‑letting of the whole or any part of the premises without the landlord's consent is invalid unless the Tribunal has determined that consent is not required. 74A—Tenant may apply to Tribunal (1) If a tenant under a residential tenancy agreement believes that the landlord unreasonably withheld their consent to the assignment or sub‑letting of the whole or part of the premises, the tenant may apply to the Tribunal for a determination that the consent is not required. (2) If, after giving each party an opportunity to be heard, the Tribunal determines that consent is not required, the assignment or sub‑letting may proceed without the landlord's consent. 74B—Landlord cannot demand or receive fee for giving consent (1) A landlord under a residential tenancy agreement must not— (a) demand or receive a fee or payment for giving consent to the assignment or sub‑letting of premises; or (b) refuse to consent to an assignment or sub‑letting of premises on the ground that the tenant has refused to pay a fee or amount for the consent. (2) If the tenant under a residential tenancy agreement has paid the landlord a fee or amount for the consent to an assignment or sub-letting, the tenant may apply to the Tribunal for an order that the landlord refund to the tenant the amount of the payment. (3) This section does not prevent a landlord from requiring a tenant to bear any reasonable expenses that are reasonably incurred by the landlord because of the assignment or sub‑letting of premises.

Division 13—Tenant's vicarious liability 75—Vicarious liability It is a term of a residential tenancy agreement that, if a person is on the premises at the invitation or with the consent of the tenant, the tenant is vicariously responsible for an act or omission by the person that would, if it had been an act or omission of the tenant, have constituted a breach of the agreement.

Division 13A—Maximum liability for rent payable following tenant's termination of fixed term tenancy 75A—Maximum liability for rent payable following tenant's termination of fixed term tenancy (1) If a tenant under a residential tenancy agreement for a fixed term terminates the tenancy, the tenant will not be liable to pay more than the following amount of rent under the agreement: (a) if the term of the agreement remaining after the day on which the tenant is to give up vacant possession of the premises is less than 24 months—1 month's rent; (b) in any other case—1 month's rent for each whole 12 month period of the term of the agreement remaining after the day on which the tenant is to give up vacant possession of the premises (provided that a tenant cannot be liable to pay more than 6 months' rent in total under this paragraph). (2) Nothing in subsection (1) affects a landlord's entitlement to compensation in relation to the termination of a tenancy in the circumstances referred to in that subsection.

Division 14—Harsh or unconscionable terms 76—Harsh or unconscionable terms (1) The Tribunal may, on application by a tenant, make an order rescinding or varying a term of a residential tenancy agreement if satisfied that the term is harsh or unconscionable. (2) On making an order under subsection (1), the Tribunal may make consequential changes to the residential tenancy agreement or another related document.

Division 14A—Tenant information 76A—Preliminary (1) In this Division— national privacy principles means the principles stated in Schedule 1 of the Privacy Act 1988 of the Commonwealth; prospective tenant information means personal information provided for the purposes of applying to enter into a residential tenancy agreement; tenant information, in relation to a tenant under a residential tenancy agreement, means personal or financial information provided for the purposes of the residential tenancy. (2) This Division does not limit the operation of— (a) Part 5A; or (b) the national privacy principles. (3) This Division does not apply to— (a) the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust; or (b) a registered community housing provider; or (c) an agency or instrumentality of the Commonwealth or the State prescribed by the regulations. 76B—Dealing with tenant information and prospective tenant information (1) A person who holds tenant information or prospective tenant information must take such steps as are reasonable in the circumstances to protect the information— (a) from misuse, interference or loss; and (b) from unauthorised access, modification or disclosure. (2) A person who holds prospective tenant information must take such steps as are reasonable in the circumstances to destroy the prospective tenant information— (a) if the person who provided the prospective tenant information consents to the information being dealt with under this paragraph—as soon as practicable after the day that falls 6 months after the date on which the information was provided; or (b) if paragraph (a) does not apply—as soon as practicable after the day that falls 30 days after the date on which the relevant residential tenancy agreement was entered into. (2a) A person who holds tenant information must take such steps as are reasonable in the circumstances to destroy the tenant information as soon as practicable after the day that falls 3 years after the date on which the end of the tenancy occurs. (2b) Subsections (2) and (2a) apply subject to any Act of this State or of the Commonwealth relating to the preservation of records. (3) A person who holds tenant information or prospective tenant information must not disclose the information except— (a) with the consent of the person to whom the information relates; or (b) as required or authorised by this Act, any other Act or law, or a residential tenancy agreement to which the person who provided the information is a party; or (c) in accordance with an order of a court or tribunal; or (d) in prescribed circumstances. 76C—Powers of Tribunal (1) The Tribunal may, on the application of the Commissioner or a person to whom tenant information or prospective tenant information relates, make such orders against a person as may be necessary or expedient in the opinion of the Tribunal to ensure compliance with this Division or any provision of this Division. (2) If a person commits an offence against this Division, the Tribunal may, on the application of the Commissioner, make an order requiring the person to comply with conditions specified in the order in relation to tenant information or prospective tenant information held by the person. (3) An order under subsection (1) or (2) is effective for such period as may be specified in the order or until further order of the Tribunal.

Division 15—Miscellaneous 77—Accelerated rent and liquidated damages (1) If a residential tenancy agreement provides that, upon breach by the tenant of a term about rent or other term of the agreement, the tenant is liable to pay— (a) all or any part of the rent remaining payable under the agreement; or (b) rent of an increased amount; or (c) an amount by way of penalty; or (d) an amount by way of liquidated damages, the provision is void. (2) If a residential tenancy agreement provides that, on early or punctual payment of rent, the rent will or may be decreased or the tenant will or may be granted or paid a rebate, refund or other benefit, the tenant is entitled to the reduction, rebate, refund or other benefit in any event. (3) If a residential tenancy agreement contains a provision to which this section applies, the landlord is guilty of an offence. 78—Duty of mitigation The rules of the law of contract about mitigation of loss or damage on breach of a contract apply to a breach of a residential tenancy agreement. 78A—Compensation for expenses (1) If, as a direct consequence of a tenant being at fault, a landlord reasonably incurs costs or expenses in connection with the residential tenancy agreement, the landlord is entitled to compensation for the costs or expenses. Examples of faults that may give rise to compensation for costs or expenses under this section: • the dishonouring of a cheque provided by the tenant; • the failure of a transaction for the transfer of funds from the tenant to the landlord; • the loss by the tenant of a record or document. (2) The Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this section.

Part 5—Termination of residential tenancy agreements Division 1—Termination generally 79—Termination of residential tenancy A residential tenancy terminates if— (b) the landlord or the tenant terminates the tenancy by notice of termination given to the other as required under this Act, including— (i) as a result of a breach of the residential tenancy agreement; or (ii) on a ground prescribed by the regulations as contemplated by this Part; or (c) the Tribunal terminates the tenancy; or (d) a person having title superior to the landlord's title becomes entitled to possession of the premises under the order of the Tribunal or a court1; or (e) a mortgagee takes possession of the premises under a mortgage; or (ea) the tenancy terminates by force of a notice to vacate issued in respect of the premises; or (f) the tenant abandons the premises; or (g) the tenancy terminates in accordance with Division 1A following the death of the sole tenant; or (h) the tenant gives up possession of the premises with the landlord's consent; or (i) the interest of the tenant merges with another estate or interest in the land; or (j) disclaimer of the tenancy occurs.

1 See section 96. 79A—Agreement for fixed term continues if not terminated (1) If a residential tenancy agreement for a fixed term has not terminated before the end of the fixed term or at the end of the fixed term by notice of termination under section 83A or 86A, the agreement continues— (a) as a residential tenancy agreement for a periodic tenancy with a tenancy period equivalent to the interval between rental payment times under the agreement; and (b) with terms of agreement that in other respects are the same as those applying under the agreement immediately before the end of the fixed term. (2) This section does not apply in relation to a residential tenancy agreement to which section 4 applies.

Division 1A—Termination following death of sole tenant 79B—Termination following death of sole tenant (1) Subject to subsection (2), if the sole tenant of premises subject to a residential tenancy agreement dies, the tenancy terminates 30 days after the death of the tenant. (2) If, within 30 days of the death of the tenant— (a) a notice of termination is given under subsection (3) or (4); or (b) an order of the Tribunal is made under subsection (5); or (c) the landlord and the administrator of the deceased tenant's estate or, in the absence of an administrator, the next of kin of the deceased tenant (the relevant person) make an agreement in writing; or (d) vacant possession of the premises is given to the landlord, the tenancy terminates on— (e) the day specified in the notice of termination; or (f) the day specified in the order of the Tribunal; or (g) the day agreed by the landlord and the relevant person; or (h) the day on which vacant possession is given, (whichever is the earliest). (3) The relevant person may, by notice in writing given to the landlord, terminate the residential tenancy agreement on the day specified in the notice on the ground that the tenant has died. (4) The landlord may, by notice in writing given to the relevant person, terminate the residential tenancy agreement on the day specified in the notice on the ground that the tenant has died. (5) If the landlord is unable to locate a relevant person for a deceased tenant, the landlord may apply to the Tribunal for the following orders: (a) an order to terminate the residential tenancy agreement on a specified day; (b) an order for possession of the premises the subject of the agreement on a specified day, and the Tribunal may make such orders. (6) If the residential tenancy agreement is for a fixed term, the day specified in a notice of termination or an order of the Tribunal under this section may be earlier than the last day of that term. (7) In this section— sole tenant of premises to which a residential tenancy agreement applies means a person— (a) who is the only tenant under the agreement; and (b) if the person has dependants—whose dependants are not in occupation of the premises. Division 2—Termination by the landlord 80—Notice of termination by landlord on ground of breach of agreement (1) If the tenant breaches a residential tenancy agreement, the landlord may give the tenant a written notice in the form required by regulation— (a) specifying the breach; and (b) informing the tenant that if the breach is not remedied within a specified period (which must be a period of at least seven days) from the date the notice is given then— (i) the tenancy is terminated by force of the notice; and (ii) the tenant must give up possession of the premises on or before a day specified in the notice (which, subject to subsection (2)(c), must be at least seven days after the end of the period allowed for the tenant to remedy the breach). (2) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 14 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the landlord to make a prior formal demand for payment of the rent; and (c) the day specified in the notice for the tenant to give up possession of the premises if the rent is not paid in accordance with the terms of the notice can be any day after the day on which the tenancy is terminated under the notice1; and (d) if the tenant gives up possession of the premises— (i) the landlord is entitled to compensation for any loss (including loss of rent) caused by the termination of the tenancy (but the landlord must take reasonable steps to mitigate any loss and is not entitled to compensation for loss that could have been avoided by those steps); and (ii) the Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this paragraph. (2a) For the purposes of subsection (2)(d), the regulations may make provision in relation to the matters to which regard must be had in determining whether a landlord has taken reasonable steps to mitigate any loss. (3) If notice is given under this section in respect of a residential tenancy agreement that creates a tenancy for a fixed term, the notice is not ineffectual because the day specified as the day on which the tenant is to give up possession of the premises is earlier than the last day of that term. (4) The tenant may at any time after receiving a notice under this section and before giving vacant possession to the landlord, apply to the Tribunal for an order— (a) declaring that the tenant is not in breach of the residential tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or (b) reinstating the tenancy. (5) If the Tribunal is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy (or would be just and equitable to reinstate the tenancy if the conditions of the order were complied with), the Tribunal may make an order reinstating the tenancy. (6) An order reinstating the tenancy under this section may be made on conditions that the Tribunal considers appropriate. (7) On an application for an order reinstating the tenancy, the Tribunal may make alternative orders providing for reinstatement of the tenancy if specified conditions are complied with but, if not, ordering the tenant to give up possession of the premises to the landlord. 1 Ie the requirement to give the tenant at least seven days to give up possession of the premises if the tenant remains in default does not apply. 80A—Termination by landlord on ground of drug contamination A landlord may, by notice of termination given to the tenant, terminate a residential tenancy if— (a) the landlord is aware that the tenant has engaged in, or allowed another person to engage in, drug related conduct on the premises or ancillary property; and (b) testing for contamination conducted in accordance with section 67B indicates that the premises or ancillary property are contaminated as a result of that drug related conduct. 81—Termination because possession is required by landlord for certain purposes (1) A landlord may, by notice of termination given to the tenant, terminate a periodic residential tenancy on the ground that— (a) the landlord requires possession of the premises for demolition; or (b) the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises; or (c) the landlord requires possession of the premises for— (i) the landlord's own occupation; or (ii) occupation by the landlord's spouse, child or parent; or (iii) occupation by the spouse of the landlord's child or parent; or (d) the landlord has entered into a contract for the sale of the premises under which the landlord is required to give vacant possession of the premises; or (e) the landlord requires possession of the premises for a purpose prescribed by regulation. (2) The period of notice given under subsection (1) must be at least 60 days or a period equivalent to a single period of the tenancy (whichever is the longer). (2a) A tenant to whom a notice is given under subsection (1)— (a) may give up possession of the premises prior to the end of the period of notice specified in subsection (2); and (b) will not be liable to pay rent after either of the following days: (i) if the tenant gives the landlord at least 7 days written notice of the tenant's intention to give up possession of the premises—the day on which possession is given up; (ii) if the tenant gives the landlord less than 7 days written notice of the tenant's intention to give up possession of the premises—the 7th day after notice is given to the landlord. (3) A person must not falsely state the ground of termination in a notice of termination given, or purportedly given, under this section. (4) A landlord who recovers possession of premises under this section must not, without the consent of the Tribunal, let the premises to a person for use primarily as a residence before the end of 6 months after the date on which the notice under subsection (1) was given. 82—Termination of residential tenancy by community housing providers with members who are tenants (a) a registered community housing provider is a landlord under a residential tenancy agreement; and (b) it is a requirement that the occupant of the premises be a member of the registered community housing provider, the registered community housing provider may, by notice of termination given to the tenant, terminate the residential tenancy on the ground that— (c) the tenant has ceased to be a member of the registered community housing provider; or (d) the tenant no longer satisfies conditions specified in the agreement as essential to the continuation of the tenancy. (2) The period of notice under this section must be at least 28 days. 83—Termination by landlord on ground prescribed (1) Subject to this Part, a landlord may, by notice of termination given to the tenant, terminate the tenancy on any ground prescribed by the regulations. (a) a tenancy cannot be terminated under this section if— (i) it is for a fixed term; or (ii) a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice applies in respect of the premises; or (iii) an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced; and (b) a registered community housing provider cannot terminate a tenancy with a member of the registered community housing provider under this section where it is a requirement that the occupant of the premises be a member of the registered community housing provider. (3) The period of notice under this section must be at least 90 days. 83A—Notice to be given at end of fixed term (1) A landlord may, by notice of termination given to the tenant, terminate a residential tenancy agreement for a fixed term at the end of the fixed term on any ground prescribed by the regulations. (2) The period of notice under subsection (1) must be at least 60 days. (3) A tenant to whom a notice of termination is given under this section— (a) may give up possession of the premises before the end of the fixed term; and (b) will not be liable to pay rent after either of the following days: (i) if the tenant gives the landlord at least 7 days written notice of the tenant's intention to give up possession of the premises—the day on which possession is given up; (ii) if the tenant gives the landlord less than 7 days written notice of the tenant's intention to give up possession of the premises—the 7th day after notice is given to the landlord. (4) However, subsection (3) does not apply if the notice of termination is on a ground prescribed by the regulations for the purposes of this subsection. 83B—Termination where agreement frustrated (1) A landlord may, by notice of termination given to the tenant, terminate a residential tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the premises or a substantial portion of the premises— (a) have been destroyed or rendered uninhabitable; or (b) have ceased to be lawfully usable for residential purposes; or (c) have been acquired by compulsory process. (2) A notice given under subsection (1)(a) or (b) may terminate the agreement immediately. (3) A notice given under subsection (1)(c) must provide for a period of notice of at least 60 days. 84—Tribunal must approve certain terminations (a) premises to which a residential tenancy agreement applies— (i) have, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2016 in connection with the administration or enforcement of that Act; or (ii) are subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or (b) an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced, the landlord may only terminate the tenancy by notice of termination under this Part if— (c) the notice of termination is given on— (i) the ground of a breach of a residential tenancy agreement of a kind for which a notice of termination may be effected under section 80; or (ii) a ground of termination of a periodic residential tenancy specified in section 81(1); or (iii) any other ground prescribed by the regulations for the purposes of this subsection; and (d) the Tribunal authorises the notice of termination. (2) The Tribunal may authorise a notice of termination under this section if satisfied of the genuineness of the proposed ground on which the notice is to be given. (3) This section does not apply to a notice of termination given by the landlord— (a) to terminate a residential tenancy agreement for a fixed term at the end of the fixed term; or (b) for a failure to pay rent lawfully owed to the landlord. (4) This section does not apply if a notice to vacate applies in respect of the premises. 84A—Compensation for termination in certain circumstances (1) If a landlord reasonably incurs costs or expenses of a kind determined by the Commissioner in connection with the termination of a residential tenancy agreement in prescribed circumstances— (a) the landlord is entitled to compensation for the costs or expenses; and (b) the Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this subsection. (2) Subsection (1) does not apply in prescribed circumstances. Division 3—Termination by tenant 85—Notice of termination by tenant on ground of breach of the agreement (1) If the landlord breaches a residential tenancy agreement, the tenant may give the landlord a written notice, in the form required by regulation— (a) specifying the breach; and (b) informing the landlord that if the breach is not remedied within a specified period (which must be a period of at least seven days) from the date the notice is given the tenancy is terminated by force of the notice from a date that is also specified in the notice (which must be at least seven days after the end of the period allowed for the landlord to remedy the breach). (2) The landlord may, before the time fixed in the tenant's notice for termination of the tenancy or the tenant gives up possession of the premises (whichever is the later), apply to the Tribunal for an order— (a) declaring that the landlord is not in breach of the residential tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or (b) reinstating the tenancy. (3) If the Tribunal is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy (or would be just and equitable to reinstate the tenancy if the conditions of the order were complied with), the Tribunal may make an order reinstating the tenancy. (3a) An order reinstating the tenancy under this section may be made on conditions that the Tribunal considers appropriate. 85AA—Notice of termination by tenant for successive breaches of agreement (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if the landlord— (a) breaches a provision of the agreement; and (b) on 2 previous occasions in the period of 12 months before the giving of the notice, has been in breach of the same provision. (2) A notice under this section must specify the breach referred to in subsection (1)(a) and the minimum period of notice under this section is 7 days. 85A—Termination by tenant if residential premises for sale (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) within 2 months after the start of the agreement, the landlord enters into a contract for the sale of the residential premises; and (b) the landlord did not, before the residential tenancy agreement was entered into, advise the tenant as required under section 47A. (2) A notice of termination under subsection (1) must, if the landlord has given written notice advising the tenant of the contract for the sale of the residential premises (whether in accordance with section 71A(2) or otherwise), be given to the landlord within 2 months after the day on which the notice was given to the tenant. 85B—Notice of termination by tenant due to condition of premises (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy— (a) if the premises do not comply with the prescribed minimum housing standards under the Housing Improvement Act 2016; or (b) if the premises are destroyed totally or to such an extent as to be rendered unsafe; or (c) in prescribed circumstances. (2) The minimum period of notice under this section is 7 days. 85C—Notice of termination by tenant in certain circumstances (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) the tenant requires care of a kind prescribed by the regulations and needs to vacate the premises in order to obtain that care; or (b) the tenant has been offered and accepted accommodation by the South Australian Housing Trust, a subsidiary of the South Australian Housing Trust or a community housing provider registered under the Community Housing Providers National Law; or (c) the tenant requires prescribed temporary crisis accommodation and needs to vacate the premises in order to obtain that accommodation. (2) The minimum period of notice under this section is 7 days. 85D—Notice of termination by tenant on ground of domestic abuse (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) an intervention order is in force against a prescribed person for the protection of the tenant or a domestic associate of the tenant who normally or regularly resides at the premises; or (b) the tenant or a domestic associate of the tenant who normally or regularly resides at the premises is in any other circumstances of domestic abuse of a kind prescribed by the regulations for the purposes of this section. (2) A notice given under subsection (1) must— (a) be accompanied by evidence of a prescribed kind; and (b) specify a termination date that is on or after the day on which the notice is given and, in the case of a fixed term agreement, may specify a day before the end of the fixed term. (3) A person who is in possession of a document provided as evidence under subsection (2)(a) must ensure that the document is stored and disposed of securely. (4) A person must not use or disclose a document, or information contained in a document, provided as evidence under subsection (2)(a) except— (a) with the consent of the person to whom the document or information relates; or (b) for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of a child; or (c) if the disclosure is reasonably necessary for the protection of the lawful interests of the person disclosing the document or information. (5) A document, or information contained in a document, disclosed under subsection (4) for a particular purpose must not be used for any other purpose by— (a) the person to whom the document or information was disclosed; or (b) any other person who gains access to the document or information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 86—Termination by tenant without specifying a ground of termination (1) The tenant under a residential tenancy agreement for a periodic tenancy may, by notice of termination given to the landlord, terminate the tenancy without specifying a ground of termination. (2) The minimum period of notice under this section is 21 days or a period equivalent to a single period of the tenancy (whichever is longer). 86A—Notice to be given at end of fixed term (1) The tenant under a residential tenancy agreement for a fixed term may, by notice of termination given to the landlord, terminate the tenancy at the end of the fixed term without specifying a ground of termination. (2) The period of notice under this section must be at least 28 days. 86B—Termination where agreement frustrated (1) A tenant may, by notice of termination given to the landlord, terminate a residential tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the premises or a substantial portion of the premises— (a) have been destroyed or rendered uninhabitable; or (b) have ceased to be lawfully usable for residential purposes; or (c) have been acquired by compulsory process. (2) A notice given under subsection (1) may terminate the agreement immediately. Division 4—Termination by the Tribunal 87—Termination on application by landlord (1) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the tenant has committed a breach of the residential tenancy agreement; and (b) the breach is sufficiently serious to justify termination of the tenancy1. (1a) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the tenant has failed to pay rent in breach of the residential tenancy agreement; and (b) on at least 2 occasions in the 12 month period preceding the breach— (i) the tenant was given a notice under section 80 of a breach of the agreement on the ground of a failure to pay rent; and (ii) the notice was not ineffectual within the meaning of section 80(2). (1b) On an application under subsection (1a), the Tribunal may make alternative orders providing for the tenant to comply with specified conditions in relation to the payment of rent under the agreement. (2) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for immediate possession of the premises if the tenant or a person permitted on the premises with the consent of the tenant has, intentionally or recklessly, caused or permitted, or is likely to cause or permit— (a) serious damage to the premises; or (b) personal injury to— (i) the landlord or the landlord's agent; or (ii) a person in the vicinity of the premises. 1 A tenancy may be terminated by a notice under section 80 if the tenant fails to remedy a breach after being required to do so by the landlord. This alternative procedure may be appropriate if (for example) the breach is not capable of remedy. 88—Termination on application by tenant The Tribunal may, on application by a tenant, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the landlord has committed a breach of the residential tenancy agreement; and (b) the breach is sufficiently serious to justify termination of the tenancy1. 1 A tenancy may be terminated by a notice under section 85 if the landlord fails to remedy a breach after being required to do so by the tenant. This alternative procedure may be appropriate if (for example) the breach is not capable of remedy. 89—Termination based on hardship (1) If the continuation of a residential tenancy would result in undue hardship to the landlord or the tenant, the Tribunal may, on application by the landlord or the tenant, terminate the agreement from a date specified in the Tribunal's order and make an order for possession of the premises as from that day. (2) The Tribunal may also make an order compensating a landlord or tenant for loss and inconvenience resulting, or likely to result, from the early termination of the tenancy. 89A—Termination based on domestic abuse (1) The Tribunal may, on application by a tenant or a co‑tenant, terminate a residential tenancy from a date specified in the Tribunal's order if satisfied— (a) that an intervention order is in force against a person who resides at the residential premises for the protection of— (ii) a domestic associate of the applicant who normally or regularly resides at the residential premises; or (b) that a person who resides at the residential premises has committed domestic abuse against— (ii) a domestic associate of the applicant who normally or regularly resides at the residential premises. (2) The Tribunal may, on application by a landlord, terminate a residential tenancy from a date specified in the Tribunal's order if satisfied— (a) that an intervention order is in force against a tenant for the protection of a person who normally or regularly resides at the residential premises; or (b) that a tenant has committed domestic abuse against a person who normally or regularly resides at the residential premises. (3) For the purposes of an application under this section, the following persons are parties to proceedings concerning the tenancy dispute: (a) the applicant; (b) the landlord; (c) a tenant or co‑tenant; (d) if the application is made under subsection (2)—the person who normally or regularly resides at the residential premises for whose protection an intervention order is in force or against whom domestic abuse has been committed. (4) The Tribunal may, on application by a party to proceedings under this section, make 1 or more of the following additional orders: (a) subject to this section, an order requiring the landlord to enter into a new residential tenancy agreement for the remainder of the term of the tenancy with any 1 or more of the following: (i) the applicant or a co‑tenant under the terminated agreement; (ii) a person who normally or regularly resides at the residential premises for whose protection an intervention order is in force against a tenant or against whom a tenant has committed domestic abuse; (b) an order that the landlord may enter the residential premises at a time determined by the Tribunal to inspect the premises before a determination is made under this section; (c) an order for possession of the premises on a date specified by the Tribunal; (d) if the Tribunal is satisfied that— (i) the applicant did not cause or reasonably cause a breach of the residential tenancy agreement; or (ii) the nature of any breach of the residential tenancy agreement resulted from an act of abuse or domestic abuse against the applicant, an order that the landlord, landlord's agent or a database operator must not list the applicant's personal information in a residential tenancy database under section 99F(1). (5) The Tribunal must not make an order under subsection (4)(a) requiring the landlord to enter into a new residential tenancy agreement with— (a) the person referred to in subsection (1)(a) or (2)(a) against whom an intervention order is in force; or (b) the person referred to in subsection (1)(b) whom the Tribunal is satisfied has committed domestic abuse against an applicant or a domestic associate of the applicant who normally or regularly resides at the residential premises; or (c) the person referred to in subsection (2)(b) whom the Tribunal is satisfied has committed domestic abuse against an applicant, if the landlord indicates, as part of proceedings before the Tribunal, that the landlord considers it would be unreasonable for such an order to be made. (6) Before making an order under subsection (4)(a), the Tribunal must be satisfied— (a) that any tenant or co‑tenant under the new residential tenancy agreement could reasonably be expected to comply with the obligations under the agreement; and (b) in a case where the landlord is the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust—that any tenant under the new residential tenancy agreement meets the eligibility requirements of the Trust; and (c) in a case where— (i) the landlord is a community housing provider registered under the Community Housing Providers National Law; and (ii) the residential premises constitute community housing within the meaning of that Law, that any tenant under the new residential tenancy agreement meets the eligibility requirements for such community housing and any membership or other requirements of the landlord associated with occupation of those premises. (7) If the landlord or any co‑tenant objects to an application for the making of an order under subsection (1) or (4)(a), the Tribunal must not make the order unless satisfied that the hardship likely to be suffered by the applicant or a domestic associate of the applicant who normally or regularly resides at the residential premises would, if the order were not made, be greater than any hardship likely to be suffered by the objector as a consequence of the making of the order. (8) A new residential tenancy agreement entered into by order of the Tribunal under subsection (4)(a) must be on the same terms and conditions as the terminated tenancy agreement, subject to any changes determined by the Tribunal. (9) In considering an application under this section, the Tribunal must have regard to such of the following orders and proceedings (if any) as are relevant to the application: (a) an order, injunction, undertaking, plan, recognisance or other form of obligation imposed or agreement made under the Family Law Act 1975 of the Commonwealth; (d) a pending application for an order referred to in paragraph (a), (b) or (c); (10) If a residential tenancy is terminated under this section because of an intervention order in force against a co‑tenant under the residential tenancy agreement, or because a co‑tenant under the agreement has committed domestic abuse, the Tribunal may order the co‑tenant to make a payment of compensation to the landlord for loss and inconvenience resulting, or likely to result, from the termination of the tenancy or from any additional order made under subsection (4). (11) If the Tribunal finds, in relation to a residential tenancy that is terminated under this section, that 1 or more, but not all, of the co‑tenants under the residential tenancy agreement are responsible for damage to the residential premises or ancillary property, the Tribunal may determine that the responsible co‑tenant or co‑tenants are liable (to the exclusion of other co‑tenants) for making any payment of compensation ordered under section 110(1)(c). (12) If 1 or more, but not all, of the co‑tenants under a residential tenancy agreement are liable under subsection (10) or (11) for making a payment of compensation, the Tribunal may give a direction under section 110(1)(i) that— (a) the bond (if any) be paid to the landlord and any co‑tenant who is not liable for making the payment under subsection (10) or (11) (as the case may be) in such proportions as the Tribunal thinks fit; and (b) if the amount of bond payable to a landlord is limited under a direction under paragraph (a)—a co‑tenant who is liable for making the payment under subsection (10) or (11) (as the case may be) is liable to pay the remaining amount of the bond payable to the landlord (or if there is more than 1 co‑tenant liable for making the payment, that the co‑tenants are liable to pay the remaining amount of the bond payable to the landlord in such proportions as the Tribunal thinks fit). 90—Tribunal may terminate tenancy if tenant's conduct unacceptable (1) The Tribunal may, on application by an interested person, terminate a residential tenancy and make an order for possession of the premises if it is satisfied that the tenant has— (a) used the premises, or caused or permitted the premises to be used, for an illegal purpose; or (b) caused or permitted a nuisance; or (c) caused or permitted an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises. (2) If the Tribunal terminates a tenancy and makes an order for possession under this section— (a) the Tribunal must specify the day as from which the order will operate, being not more than 28 days after the day on which the orders are made; and (b) the Tribunal may order the landlord— (i) to take such action as is specified in the order for the purpose of taking possession of the premises; and (ii) not to permit the tenant to occupy the premises (whether as a tenant or otherwise) for a specified period or until further order (and any agreement entered into in contravention of such an order is void). (2a) However— (a) the Tribunal must not make an order under this section unless the landlord has been given a reasonable opportunity to be heard in relation to the matter; and (b) if the landlord objects to the making of an order under this section, the Tribunal must not make an order unless the Tribunal is satisfied that exceptional circumstances exist justifying the making of the order in any event. interested person means— (a) the landlord; or (b) a person who has been adversely affected by the conduct of the tenant on which the application is based; or (c) a strata corporation or community corporation representing the interests of persons who have been adversely affected by the conduct of the tenant on which the application is based; or (d) a police officer; or (e) an authorised officer within the meaning of the Fair Trading Act 1987. (4) If an application relating to a tenant is, or is to be, made under this section by an authorised officer within the meaning of the Fair Trading Act 1987, the authorised officer may refer the application to the Commissioner of Police. (5) As soon as reasonably practicable following referral of an application under subsection (4), the Commissioner of Police must make available to the authorised officer information to which the Commissioner of Police has access relevant to the application (unless the Commissioner of Police considers there is good reason for withholding the information).