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Residential Tenancies Act 1997
15Rent or a bond only
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15 Rent or a bond only
(1) In consideration for giving a tenant a right to occupy premises, a
lessor may only require or accept rent or a bond.
(2) A lessor must not require or accept any consideration for—
(a) agreeing to enter into, extend or renew a residential tenancy
(b) consenting to a co-tenant leaving a residential tenancy
agreement under section 35A; or
(c) consenting to a person becoming a co-tenant under section 35C;
or
Consideration Division 2.3
(d) agreeing to the assignment or transfer of a tenant’s rights and
obligations under a residential tenancy agreement; or
(e) consenting to a tenant entering into, extending or renewing a
residential tenancy agreement with a subtenant; or
(f) vacating premises; or
(g) giving a tenant a key to premises; or
(h) informing a tenant about the availability of premises for
occupation under a residential tenancy agreement.
(3) For subsection (1), a requirement that a tenant make alterations,
improvements or repairs to the premises is taken to be consideration.
(4) In subsection (1), a reference to a bond—
(a) includes a reference to a guarantee or an indemnity under
section 16; but
(b) if the guarantee or indemnity is a commercial guarantee—only
includes a commercial guarantee that is consistent with a
registered standard guarantee contract.
(5) This Act does not prevent the housing commissioner from requiring
a tenant to agree to pay an outstanding amount owed by the tenant to
the housing commissioner in relation to a previous tenancy in
consideration for giving the tenant a right to occupy premises if the
ACAT has, under section 10, endorsed the term of the residential
tenancy agreement requiring the payment.
(6) The inclusion in a residential tenancy agreement of a term requiring
payment of an outstanding amount owed by the tenant to the housing
commissioner does not prevent—
(a) the commissioner and the tenant agreeing to the tenant repaying
the outstanding amount over a period of time longer than the
period set out in the term; or
(b) the commissioner from taking action against the tenant in
relation to the outstanding amount.
registered standard guarantee contract means a standard guarantee
contract registered under section 104.