NSWIn ForceAct
Residential Tenancies Act 2010
35Tenant must be offered way to pay rent that is free and convenient
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#### 35 Tenant must be offered way to pay rent that is free and convenient
35 Tenant must be offered way to pay rent that is free and convenient
> > (1) The following are prescribed ways to pay rent—
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> > > (a) by Centrepay operated by the Commonwealth,
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> > > (b) by an approved electronic bank transfer method.
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> > (2) A landlord or landlord’s agent must offer a tenant each prescribed way to pay rent.
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> > Maximum penalty—50 penalty units.
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> > Note—
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> > A landlord or landlord’s agent is not prevented from offering a tenant ways to pay rent in addition to the prescribed ways. However, section 19(2)(f) prohibits a landlord from requiring the tenant to use a specified service or business.
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> > (3) The landlord or landlord’s agent must enable rent to be paid in a prescribed way if chosen by the tenant.
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> > Maximum penalty—50 penalty units.
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> > (4) A landlord, landlord’s agent or other person must not charge a fee, or pass on any cost incurred by the landlord or landlord’s agent, for the payment of rent in a prescribed way.
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> > Maximum penalty—50 penalty units.
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> > (5) A landlord, landlord’s agent or other person must not require a tenant to pay rent by a cheque or other negotiable instrument that is post-dated.
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> > Maximum penalty—10 penalty units.
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> > (6) A way of paying rent may be changed only with the agreement of the landlord and the tenant.
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> > (7) A landlord must not refuse to agree to a tenant changing the payment method to a prescribed way, including from a prescribed way to another prescribed way.
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> > (8) This section is a term of every residential tenancy agreement.
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> > (9) In this section—
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> > approved electronic bank transfer method means an electronic bank transfer method—
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> > > (a) from the tenant to an account of the landlord or landlord’s agent at an authorised deposit-taking institution, and
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> > > (b) that is free of charge to the tenant, other than charges that may be ordinarily imposed by the tenant’s own bank or other financial institution.
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> **s 35:** Subst 2024 No 75, Sch 1\[6\].