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Residential Tenancies Act 1999
4Definitions
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4 Definitions
In this Act:
acceptable behaviour agreement has the same meaning as in the
Housing Act 1982.
ancillary property, in relation to premises to which a tenancy
agreement relates or is to relate, means:
(a) ancillary real property, including a garden, not forming part of
the premises;
(b) fixtures; and
(c) chattels, including but not limited to furniture, other household
effects and a garden watering system,
provided, or to be provided, by the landlord, either under the
tenancy agreement or independently of the agreement for use by
the tenant, but does not include common property within the
meaning of the Unit Titles Act 1975 or Unit Title Schemes Act 2009.
bond means a provision of a tenancy agreement or an agreement
collateral to a tenancy agreement under which a tenant is required
to give a security deposit for the performance of obligations under
the tenancy agreement.
business day means a day other than a Saturday or Sunday or a
public holiday.
CEO (Housing) means the Chief Executive Officer (Housing)
established by section 6 of the Housing Act 1982.
Commissioner means the Commissioner of Tenancies within the
meaning of section 13.
condition report has the meaning in section 24A(1).
continuation, in relation to a tenancy to which a tenancy
agreement relates, includes an extension or renewal of the tenancy
(however described) and whether the continuation is a fixed term
tenancy or periodic tenancy.
database, for Part 14, see section 123.
database operator, for Part 14, see section 123.
domestic violence, see section 5 of the Domestic and Family
Violence Act 2007.
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experienced domestic violence, see section 4A.
fixed term tenancy means a tenancy for a fixed period specified in
the tenancy agreement.
key includes any device or information that enables the operation of
a lock or security device.
landlord means:
(a) the person who grants the right of occupancy under a tenancy
(b) a successor in title to the tenanted premises whose title is
subject to the tenant's interest,
and includes:
(c) a prospective landlord or a former landlord; and
(d) an agent of the landlord, prospective landlord or former
list, for Part 14, see section 123.
notice of intention to terminate means a notice given in
periodic tenancy means a tenancy that is not a fixed term tenancy.
premises means residential premises or part of residential
premises to which a tenancy agreement relates or is to relate, but
does not include premises leased principally for business purposes
whether or not the premises may be used for residence under the
lease.
rent means an amount payable under a tenancy agreement for the
occupancy of premises for a period of the tenancy.
rent rebate means an amount waived or remitted, in accordance
with a scheme established under an Act of the Territory or the
Commonwealth, from rent payable for residential premises.
residential premises means premises intended for occupation as
a place of residence and includes a caravan intended for
occupation as a place of residence and a houseboat intended for
occupation as a place of residence.
security deposit means an amount of money a tenant has paid, or
is required to pay, under a bond.
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social housing lease means a tenancy agreement that is a social
housing lease as defined in section 5AA of the Housing Act 1982.
social housing provider means a landlord under a social housing
lease.
social housing tenancy means the right to occupy premises under
a social housing lease.
tenancy means the right to occupy premises under a tenancy
tenancy agreement means an agreement under which a person
grants to another person for valuable consideration a right (which
may be, but need not be, an exclusive right) to occupy premises for
the purpose of residency.
tenancy database, for Part 14, see section 123.
tenancy dispute means a dispute between parties, or former
parties, to:
(a) a tenancy agreement; or
(b) an agreement collateral to a tenancy agreement,
being a dispute about the tenancy to which the agreement relates.
Tenancy Trust Account means the Trust Account established
under section 16.
tenancy under the Housing Act 1982 or tenancy or proposed
tenancy under the Housing Act 1982 means:
(a) a social housing tenancy; or
(b) any other tenancy granted under the Housing Act 1982:
(i) in relation to premises that are owned or leased by the
CEO (Housing) or the Territory; or
(ii) under which the CEO (Housing) or the Territory is the
tenant means the person who:
(a) is granted a right of occupancy of residential premises under a
tenancy agreement;
(b) has a right of occupancy of residential premises because of an
assignment from a former tenant or a subtenancy; or
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(c) has a right of occupancy of residential premises, otherwise
than as a landlord, because of the operation of this Act,
and includes:
(d) a prospective tenant or a former tenant; and
(e) a person acting on behalf of the tenant, prospective tenant or
former tenant.
Tribunal means the Civil and Administrative Tribunal.
Note for section 4
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.