35Tenant 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

35 Tenant must be offered way to pay rent that is free and convenient

(1) The following are prescribed ways to pay rent—

(a) by Centrepay operated by the Commonwealth,

(b) by an approved electronic bank transfer method.

(2) A landlord or landlord’s agent must offer a tenant each prescribed way to pay rent.

Maximum penalty—50 penalty units.

Note—

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.

(3) The landlord or landlord’s agent must enable rent to be paid in a prescribed way if chosen by the tenant.

Maximum penalty—50 penalty units.

(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.

Maximum penalty—50 penalty units.

(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.

Maximum penalty—10 penalty units.

(6) A way of paying rent may be changed only with the agreement of the landlord and the tenant.

(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.

(8) This section is a term of every residential tenancy agreement.

(9) In this section—

approved electronic bank transfer method means an electronic bank transfer method—

(a) from the tenant to an account of the landlord or landlord’s agent at an authorised deposit-taking institution, and

(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.

s 35: Subst 2024 No 75, Sch 1[6].