SAIn ForceAct
Residential Tenancies Act 1995
Part 4Mutual rights and obligations of landlord and tenant
Start here
Get a plain-English read of Part 4
Turn the raw legal text into a practical explanation grounded in Residential Tenancies Act 1995.
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.