RESIDENTIAL TENANCIES REGULATIONS 2000

The Regulations are built around a small set of concepts and mechanisms that structure compliance and enforcement under the Act.

• Infringement notices (regs 5-8). The Commissioner may serve an infringement notice where there is reason to believe an offence under the Act (as listed in Schedule 1) has been committed (reg 5). The notice must contain specific particulars (reg 6). Payment in accordance with the notice has the statutory effect of expiation (reg 8(1)), and a cheque is not taken as payment until cleared (reg 8(2)). Regulation 9 clarifies that multiple notices may be issued, payment under one notice expiates the relevant offence, and the existence of the infringement regime does not limit court proceedings or other penalties (reg 9(a)-(c)).

• Penalty units (reg 7; Schedule 1). The Regulations do not create bespoke monetary fines; instead they assign numbers of penalty units to particular sections of the Act (Schedule 1, columns 1-2). The numerical assignment defines the penalty quantum as a number of penalty units for each listed Act provision.

• Prescribed tenancy agreement (reg 10; Schedule 2). A standard, form tenancy agreement is prescribed. It contains express clauses on compliance with the Act, term and rent payment mechanics (cl 2), vacant possession (cl 3), quiet enjoyment (cl 4), entry (cl 5), landlord repair and habitability duties (cls 6 and 9), tenant repair and cleanliness duties (cls 7 and 11), alteration and fixture rules (cl 8), security and lock/key rules (cls 12 and 13), notice obligations for extended vacancy (cl 14), use restrictions including illegal use and nuisance (cl 15), assignment/subletting mechanics (cl 16), vicarious liability with a domestic violence carve-out (cl 17), truthfulness obligations (cl 18), and an explicit regime for pet notices and Tribunal applications (cl 19).

• Domestic violence evidentiary occupations (reg 9A). The Regulations prescribe the occupations whose certification documents may be relied on for purposes of section 4A(1)(c) of the Act. The list includes medical and psychology health practitioners regulated under the Health Practitioner Regulation National Law, accredited social workers, police officers, Australian legal practitioners, and persons in charge of a domestic violence support service (reg 9A(a)-(e)).

• Prescribed content for notices to remedy rent breach (reg 10A). Where a landlord issues a notice under section 96A of the Act to remedy a rent breach, it must include specified particulars about the rent obligation, including commencement date of the obligation, current rent payable, rent frequency, last date rent was paid and amount, and the date rent will next be payable after remedy.

• Prescribed form for storage-of-goods notice (reg 11; Schedule 3). The Regulations prescribe the text and required particulars for a landlord’s storage-of-goods notice under section 109(3) and (4) of the Act, including the 30-day reclamation deadline, permitted charges to be recovered from sale proceeds, and the requirement to publish the notice in a Territory-wide newspaper where recovery costs are sought.

These main concepts create a framework where documentary precision, prescribed form and an infringement notice process are the primary compliance and enforcement levers. The Regulations place specific documentary and procedural obligations on landlords and tenants (via the prescribed agreement and forms) and concentrate administrative enforcement power in the Commissioner with the backstop of court proceedings and Tribunal processes referenced throughout.

The Regulations affect several defined groups by imposing documentary, procedural and enforcement rules.

• Landlords and agents. The Regulations prescribe a model tenancy agreement (reg 10; Schedule 2) and require landlords to supply the storage-of-goods notice in the prescribed form when goods are left behind (reg 11; Schedule 3). Schedule 2 includes express landlord obligations: to ensure premises are habitable and meet health and safety requirements (cl 6), to maintain reasonable state of repair (cl 9), to maintain necessary locks and security devices (cl 12(1)), and to provide keys within specified timeframes where locks are altered or added (cl 12(3)). Landlords also gain procedural powers and duties under Schedule 2, for example to object to a tenant keeping a pet within 14 days and, if objecting, to apply to the Tribunal under s 65B (cl 19).

• Tenants. The prescribed agreement binds tenants to duties including paying rent as agreed (cl 2), taking vacant possession (cl 3), keeping premises reasonably clean (cls 7, 11), notifying the landlord of required repairs (cl 10), not altering premises without consent (cl 8), giving notice if premises will be left unoccupied for more than 30 days (cl 14), and complying with rules about pets (cl 19). Tenants face vicarious liability for acts of persons on the premises who commit breaches, subject to a domestic violence carve-out (cl 17).

• Commissioner. The Commissioner has authority to serve infringement notices where there is reason to believe an offence has been committed (reg 5). The Commissioner’s role includes determining whether to issue an infringement notice and ensuring notices contain the particulars required by regulation 6.

• Offenders (persons reasonably believed to have committed an offence). Defined in reg 3, an offender is a person the Commissioner reasonably believes committed an offence listed in Schedule 1. Such persons may receive infringement notices and can expiate by payment in accordance with reg 8.

• Certifying professionals for domestic-violence purposes. Reg 9A prescribes certain occupations (health practitioners in the medical or psychology professions regulated under the Health Practitioner Regulation National Law; accredited social workers; police officers; Australian legal practitioners; and those in charge of a domestic violence support service). These persons may supply certification documents contemplated by section 4A(1)(c) of the Act. That affects tenants (or applicants) claiming domestic violence protections under the Act and the persons who may provide the documentary evidence.

• Tribunal and Courts. Although the Regulations primarily prescribe administrative and documentary rules, they presuppose ongoing Tribunal jurisdiction: Schedule 2 repeatedly refers to Tribunal processes (for example cl 19 pet objections refer to Tribunal applications under s 65B). Regulation 9 ensures that service of an infringement notice does not preclude court proceedings for the same offence nor limit judicial penalty options.

• Persons involved in boarding/lodging arrangements. Regulation 4 excludes certain boarding or lodging arrangements from the Act: weekly or longer boarders where there are three or more unrelated boarders, and certain short-term arrangements. Regulation 4A specifically excludes persons granted occupancy rights at North Flinders International House for the purpose of residency. These exclusions change who is protected or regulated by the Act and thus by these Regulations.

Every group above faces different compliance responsibilities and potential sanctions. Landlords and tenants must follow the content and procedural requirements embedded in the prescribed agreement and notices. The Commissioner, by issuing infringement notices, initiates a fast administrative pathway to expiation but reg 9 preserves prosecution and court penalties where pursued. Certifying occupations are limited to the list in reg 9A, which affects which documents will carry evidential weight for domestic-violence exceptions embedded in the tenancy regime.

The Regulations embed specific duties and rights primarily through the prescribed tenancy agreement (Schedule 2) and the prescribed notice requirements.

Duties and rights set out in the prescribed agreement (Schedule 2):

• Compliance with the Act: Both parties must comply with the provisions of the Act (cl 1). This anchors all contractual obligations to statutory duties.

• Rent and tenure mechanics (cl 2): The agreement identifies whether the tenancy is fixed-term or periodic (cl 2(1)), requires the tenant to pay the agreed rent before each rental payment period (cl 2(2)) in the way agreed (cl 2(3)). The Regulations require that a notice to remedy rent breaches under s 96A include specific rent particulars (reg 10A(a)-(f)), thereby increasing documentary transparency when rent defaults are contested.

• Vacant possession and use (cls 3-5): Tenants are entitled to vacant possession from the tenancy start (cl 3(1)). Landlords’ entry is limited to methods and occasions provided by the Act (cl 5). Tenants are entitled to quiet enjoyment without interruption by landlords or persons claiming under the landlord (cl 4(1)-(2)).

• Repairs and habitability (cls 6, 9, 10): Landlords must ensure premises are habitable, meet applicable health and safety requirements, and are reasonably clean when the tenant takes occupation (cl 6). Landlords must ensure premises are in a reasonable state of repair at commencement and during tenancy, subject to Part 7 of the Act (cl 9(1)-(2)). Tenants must notify the landlord as soon as practicable of repairs or maintenance required beyond negligible kinds (cl 10(1)).

• Condition on return (cl 11): Tenants must return premises at the end of tenancy in a reasonable state of repair and cleanliness, allowing for reasonable wear and tear (cl 11).

• Security, locks and keys (cls 12-13): Landlords must take reasonable steps to provide and maintain necessary locks and security devices (cl 12(1)). A landlord must not alter or remove a lock, or add a lock, without tenant consent (cl 12(2)). If a landlord does alter/add a lock without consent, they must provide the tenant a key within 24 hours (cl 12(3)). Tenants may alter/add locks with landlord consent; if the tenant alters/adds without the landlord's consent, the tenant must provide a key within two business days (cl 13(2)).

• Alterations and fixtures (cl 8): Tenants must not make alterations without landlord written consent or contrary to the Act. Tenants may remove fixtures they affixed unless removal would cause damage; if damage results from removal/installation of fixtures, the tenant must notify the landlord and either repair or compensate as the landlord elects (cl 8(2)-(3)).

• Assignment and subletting (cl 16): Subject to Part 7 of the Act, the tenant may only assign or sublet with landlord consent. The clause cross-references section 79 of the Act concerning deemed consent.

• Use restrictions and nuisance (cl 15): Tenants must not use premises for illegal purposes, cause nuisance, or engage in ongoing or repeated interference with neighbours’ reasonable peace or privacy.

• Pets (cl 19): The tenant must provide written notice describing a proposed pet. The landlord has 14 days to object in writing and make a Tribunal application under s 65B. The tenant must not keep the pet during the 14-day period (cl 19(1)-(3)). If the landlord fails to apply to the Tribunal within 14 days, the tenant may keep the pet (cl 19(4)). If the landlord applies in time, the tenant may only keep the pet if the Tribunal orders the landlord’s objection unreasonable (cl 19(5)). This creates a time-limited procedural right for tenants to take the tenancy-change action pending landlord application.

• Vicarious liability and domestic violence carve-out (cl 17): Tenants are responsible for acts or omissions of persons on the premises with tenant consent that constitute breaches. However, where the act is domestic violence as defined and the person is in a domestic relationship per the Domestic and Family Violence Act 2007 s 9, and it is reasonable for the tenant not to be held responsible, the tenant will not be vicariously liable. A tenant may establish an act is domestic violence by providing a document specified by or under s 4A of the Act (cl 17(2)-(3)). The Regulations themselves prescribe occupations that may prepare the documents referred to in s 4A (reg 9A).

Infringement-notice duties and rights:

• Commissioner discretion to issue notices (reg 5). The Commissioner must have reason to believe an offence has been committed; the Regulation does not set the threshold of “reason to believe” beyond that phrase.

• Mandatory particulars on infringement notices (reg 6). Notices must include identity if known, date/time/place, nature of offence and penalty units (as per reg 7 and Schedule 1), where to pay, date of notice and statement about 28-day payment period, and the effect of payment (reg 6(a)-(f)).

• Expiation by payment (reg 8(1)) and cheque-clearing rule (reg 8(2)). Payment in accordance with the notice expiates the offence; payment by cheque is only effective once cleared.

Regulation 9 establishes procedural rights and limits: multiple notices may be served but payment under any one is sufficient for expiation (reg 9(a)); the infringement scheme does not prejudice or affect other court proceedings or limit judicial penalties, except as reg 8 provides (reg 9(b)); and an infringement notice is not required in order to prosecute (reg 9(c)).

Form obligations:

• Notice to remedy rent breach must include specified rent particulars (reg 10A(a)-(f)), which imposes an additional information duty on landlords when issuing s 96A notices.

• The storage-of-goods notice form (Schedule 3) prescribes required particulars and sets the 30-day reclamation timeline and allowable deductions from sale proceeds.

These duties and rights create interlocking procedural and substantive obligations for landlords and tenants, while giving the Commissioner and Tribunal discrete roles in enforcement and dispute resolution.

The Regulations set out an administrative enforcement route via infringement notices and a schedule associating specific Act sections with numbers of penalty units.

Infringement notices and expiation (regs 5-8, 9):

• The Commissioner may serve an infringement notice where there is reason to believe an offence listed in Schedule 1 has been committed (reg 5). The notice must contain specific particulars (reg 6). Payment in accordance with the notice results in expiation of the offence and bars further proceedings for that offence (reg 8(1)). Payment by cheque is ineffective until the cheque clears (reg 8(2)).

• Regulation 9 preserves prosecutorial and judicial discretion: serving infringement notices does not prevent the issue of more than one notice for the same offence, but a single payment suffices to expiate (reg 9(a)); the existence of the infringement regime does not limit or affect proceedings being instituted or prosecuted in court or the penalties a court may impose except as reg 8 provides (reg 9(b)); and nothing in the Regulations requires an infringement notice to be served before prosecution (reg 9(c)).

Penalty amounts (reg 7; Schedule 1):

• The Regulations allocate a specified number of penalty units to individual provisions of the Act set out in Schedule 1. For instance, several provisions attract 4 penalty units (Schedule 1, column 2 lists 4 for many sections such as 18A(2), 19(2)-(3), 24(1), 29(1), etc.), while some provisions attract 10 penalty units (e.g., 49(3) and (5); 109(1)). The Regulations do not convert penalty units into monetary figures; the applicable value per penalty unit will be determined under the Act or another Territory instrument.

• The list in Schedule 1 is the operative link between an Act offence and the numerical penalty quantum for the purposes of infringement notices and, potentially, court-imposed penalties.

Procedural enforcement features:

• The infringement notice must state where penalties may be paid and that payment within 28 days is permitted (reg 6(d)-(e)). That 28‑day window is the window for expiation via payment.

• Reg 6(f) requires a statement that paying the specified amount in the notice within the specified time at the specified place will prevent further action, which places an information duty on the Commissioner when serving notices.

• Reg 9(a) contemplates multiple notices but a single payment sufficing, which may affect defendants who receive multiple notices.

Interaction with court and Tribunal processes:

• The Regulations explicitly do not curtail the initiation of court proceedings or the maximum penalties a court can impose (reg 9(b)-(c)). That preserves prosecutorial discretion to escalate matters to courts despite availabilty of infringement notices.

• Several provisions in Schedule 2 refer to Tribunal processes (for instance cl 19 pet objections require Tribunal application under s 65B). The Regulations do not alter Tribunal authority; they set the form and timing for certain landlord and tenant steps that lead to Tribunal engagement.

Enforcement actors:

• Commissioner: power to serve infringement notices (reg 5).

• Tribunal: forum for disputes referenced in Schedule 2 (e.g., cl 19 pet objections, Tribunal orders under s 65B).

• Courts: retained as ultimate prosecutorial forum where the infringement process is not used or does not prevent prosecution (reg 9).

Limitations and mechanics:

• Payment only expiates for the offence covered by the infringement notice paid (reg 8(1)); reg 9 preserves the ability to institute proceedings even if a notice was not used.

• A cheque payment is not effective until cleared, which is a mechanical cash-receipt rule aimed at avoiding conditional payment by paper instrument (reg 8(2)).

In sum, the Regulations create a two-tiered enforcement architecture: an administratively administered expiation pathway via the Commissioner and infringement notices with specified particulars and penalty-unit assignments, alongside the continued option for prosecution and Tribunal adjudication. The Regulations are procedural and do not set monetary conversion of penalty units; they leave that to other instruments.

The Regulations repeatedly cross-reference provisions of the Act and other Territory and national instruments, creating dependencies and interoperability.

Interaction with the Residential Tenancies Act 1999 (the Act):

• The Regulations operate wholly under the Act and are explicitly “Regulations under the Residential Tenancies Act 1999” (heading). Numerous regulations directly reference Act provisions: reg 10 prescribes a tenancy agreement for the purposes of s 19(4) of the Act; reg 10A prescribes information to be included in notices under s 96A of the Act; reg 11 prescribes a form for s 109(3) and (4) of the Act; reg 9A prescribes occupations for the purposes of s 4A(1)(c) of the Act. Schedule 1 lists specific sections of the Act and associates penalty units with them.

• Schedule 2 itself is a prescribed tenancy agreement intended to be used in lieu of or alongside contractual arrangements under the Act, and repeatedly invokes the Act or specific parts (for example, “subject to the provisions of Part 7 of the Act” in cls 9 and 16). The Regulations therefore both implement and supplement the Act’s statutory framework by prescribing form, content and procedural particulars the Act either contemplates or delegates.

Interaction with the Domestic and Family Violence Act 2007:

• Schedule 2 cl 17(2)-(3) defines a domestic violence carve-out that expressly relies on definitions in the Domestic and Family Violence Act 2007: the tenant is not vicariously liable if the person causing the act is in a domestic relationship as defined in s 9 of that Act and the act is domestic violence as defined in s 5. To establish the act is domestic violence, a tenant may provide a document specified by or under s 4A of the Act; reg 9A then prescribes occupations whose certification documents satisfy s 4A(1)(c). The Regulations therefore interlock the tenancy remedies with the domestic-violence evidentiary regime and limit evidentiary sources to specific occupations.

Interaction with health and professional regulation:

• Reg 9A(a) prescribes “a health practitioner who practices in the medical or psychology professions under the Health Practitioner Regulation National Law” as an authorised certifier for domestic-violence purposes. This imports the national regulatory categories for health practitioners into the evidentiary list in the tenancy regime.

Interaction with social work and professional accreditation:

• Reg 9A(b) prescribes “a social worker with a qualification endorsed or accredited by the Australian Association of Social Workers” as an authorised certifier. That ties the evidentiary rules to national professional accreditation rather than to an ad hoc list of individuals.

Interaction with Unit Titles and related regimes:

• Schedule 2 cl 7(4) refers to premises that are units within the meaning of the Unit Titles Act 1975 or Unit Title Schemes Act 2009, making tenant obligations extend to common property under those Acts. The Endnotes also record amendments relating to Unit Title Schemes Act 2009 (Endnotes para 2 and 4). Therefore the Regulations recognise and interact with strata/unit title frameworks, imposing duties on tenants in relation to common property.

Interaction with publication and procedural rules:

• Schedule 3 requires a landlord seeking to recover removal and storage costs via sale proceeds to publish the storage-of-goods notice in a newspaper "circulating generally throughout the Territory" and to include the reasonable costs of publishing the notice in amounts recoverable from sale proceeds. That requirement imports a public-notice step into property disposal and sale processes under s 109 of the Act.

Interaction with penalty-unit frameworks:

• The Regulations list penalty units numerically in Schedule 1; the monetary conversion of a penalty unit is governed by other Territory instruments or the Act itself. The Regulations therefore rely upon the broader territorial penalty-unit machinery.

Interaction with Tribunal and Court processes:

• Multiple clauses instruct parties to apply to the Tribunal under specified Act sections (for example cl 19 and reference to s 65B). Regulation 9 preserves the possibility of court proceedings despite infringement notices. These cross-references maintain the institutional balance between administrative expiation and adjudicative processes.

In short, the Regulations are not standalone; they deliberately plug into the Act and into other statutory schemes: domestic-violence law (definitions and evidentiary mechanics), health/professional regulation (categories of certifying professionals), unit-title statutes (common property obligations), and the broader penalty-unit and publication regimes. Practitioners must therefore read these Regulations alongside the Act and the cross-referenced statutes to understand operational effects (for example, what constitutes a qualifying domestic-violence document, or how many dollars a penalty unit represents).

The Regulations include a concise record of amendments and commencement details in the Endnotes. Key chronological points recorded in the instrument are as follows:

• Initial notification and commencement: Residential Tenancies Regulations (SL No. 12, 2000) were notified 1 March 2000 and commenced 1 March 2000 (Endnotes para 2).

• Amendments and insertions:

  • Regulation 4A (exclusion for North Flinders International House) was inserted by SL No. 26 of 2003 (r 4A ins No. 26, 2003) and the amendment is recorded in the list of amendments (Endnotes para 4).
  • Regulation 10A (prescribed information in notice to remedy breach) was inserted by SL No. 21 of 2005 (r 10A ins No. 21, 2005, r 3).
  • Regulation 9A (domestic violence certification occupations) was inserted by the Residential Tenancies Legislation Amendment Act 2023 (Act No. 36, 2023, s 33), which commenced 2 January 2024 according to the Endnotes (Amendment Act No. 36, 2023, commenced 2 January 2024; Endnotes para 2 and para 4 which lists r 9A ins Act No. 36, 2023, s 33).
  • Schedule 1 (penalties) and Schedule 2 (prescribed tenancy agreement) have been amended multiple times: Schedule 1 was amended by the Residential Tenancies Amendment Act 2018 (Act No. 11, 2018), the Residential Tenancies Legislation Amendment Act 2020 (Act No. 13, 2020), SL No. 23 of 2021, and Act No. 36, 2023 (Endnotes, sch 1 amd). Schedule 2 amendments are recorded as made by Act No. 14, 2009 s 184; SL No. 23, 2021 r 5; and Act No. 36, 2023 s 35 (Endnotes, sch 2 amd).

• Other legislative changes and dates: The Endnotes track consequential and formal amendments made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) and note commencement dates for several Acts connected to the tenancy and unit-title frameworks, such as the Unit Title Schemes Act 2009 and the Residential Tenancies Amendment Act 2018. The Residential Tenancies Amendment Regulations 2021 (SL No. 23, 2021) were notified 22 December 2021 and commenced on the same date (Endnotes).

• Recent legislative action: The Residential Tenancies Legislation Amendment Act 2023 (Act No. 36, 2023) received assent 6 December 2023 and commenced 2 January 2024 (Endnotes para 2). The insertion of reg 9A is recorded as part of that Act (Endnotes para 4).

The Endnotes therefore provide a record of how the Regulations evolved, showing periodic updates to penalty schedules, the prescribed tenancy agreement, and the addition of new obligations or clarifications (for example, reg 10A in 2005 and reg 9A in 2023). Practitioners should note that the numbering and content of Schedule 1 and Schedule 2 have been modified across multiple amending instruments; where reliance on specific penalty unit assignments or on the exact text of the prescribed agreement is required, consult the current reprint (as in force at 2 January 2024) and the Act for any further amendments or guidance about penalty-unit values and commenced sections of the Act.

The Regulations themselves do not include a catalogue of litigation. The instrument contains no case citations, judgments, or summaries of adjudication concerning these Regulations. The only judicial or adjudicative bodies expressly referenced in the text are the Tribunal (for applications such as pet objections under s 65B of the Act) and courts in the abstract, as preserved by reg 9(b)-(c), which preserves courts' prosecutorial role and penalty powers notwithstanding the infringement scheme.

Implications of the absence of litigation history in the text:

• No precedent or interpretive guidance is recorded within the Regulations. Practitioners must therefore rely on external resources , tribunal decisions, court judgments, administrative guidance, or the Act itself , to interpret contested points arising from application of these Regulations.

• Where the Regulations create procedural obligations (for example, the 14-day window for landlord objection to a pet or the detailed particulars required in a s 96A rent-remedy notice per reg 10A), the absence of recorded adjudications means there is no statutory interpretive gloss in the Regulations; disputes about compliance or sufficiency of notices will turn on Tribunal or court interpretation of the Act and these Regulations.

• The instrument preserves Tribunal and court jurisdiction (reg 9 and multiple references in Schedule 2). Disputes arising under these Regulations , for example whether an infringement notice was properly issued, whether a storage-of-goods notice complied with Schedule 3, or whether a notice under s 96A contains the particulars required by reg 10A , will be subject to adjudication before the Tribunal or courts, but any such litigation is external to this statutory text.

For a practitioner researching litigation history, the Regulations instruct where disputes will be heard (Tribunal; courts) but provide no internal summaries or reported decisions; therefore practitioners should search Tribunal and court databases for decisions referencing the Regulations, the particular Act sections listed in Schedule 1, reg 10A or Schedule 3 forms, and the pet-objection or domestic-violence carve-outs to find applicable authority.

The Regulations contain several discrete technical requirements and timing rules that can produce compliance pitfalls if overlooked. These are points practitioners and compliance officers should flag.

1. Infringement-notice particulars and timing (regs 5-8; reg 6). Infringement notices must include specified particulars and a statement that payment may be made within 28 days (reg 6(e)). Paying by cheque is ineffective until the cheque clears (reg 8(2)), which may delay expiation and leave the person liable to further action while payment is pending clearance. Practically, directors, agents or tenants receiving a notice should tender cleared funds where immediate expiation is needed.

2. Multiple notices and expiation (reg 9(a)). More than one infringement notice may be served in relation to the same offence, but expiation by payment under any one notice suffices. However, multiple notices may create evidential or administrative complexity , for example, where notices specify different particulars or penalty amounts; the Regulations do not require identical notices nor prescribe a mechanism to reconcile them.

3. Penalty-unit conversion not in the Regulations (reg 7; Schedule 1). The Regulations assign numbers of penalty units but do not specify the monetary value of a penalty unit. Practitioners must consult the Act or other Territory instruments to calculate the monetary fine, rather than assuming a dollar amount.

4. Exemptions narrow but specific (regs 4 and 4A). Regulation 4 excludes boarding/lodging where the person boards or lodges from week to week or for more than a week and is one of three or more unrelated boarders; that exception is strictly framed: if a boarding arrangement involves fewer than three unrelated boarders or is shorter than a week it remains within the Act. Similarly, reg 4A names a particular residence (North Flinders International House) as excluded. Misclassifying an occupier as a boarder where the statutory test is not met may leave parties unexpectedly subject to the Act.

5. Pet notice timing (Schedule 2 cl 19). A tenant must give written notice describing the proposed pet, and must not keep the pet during the 14-day landlord objection period (cl 19(1)-(3)). If the landlord objects and applies to the Tribunal within 14 days, the tenant must not keep the pet unless the Tribunal orders otherwise (cl 19(5)). Tenants who introduce pets before the 14 days expire risk breaching the agreement even where the landlord ultimately fails to apply.

6. Lock changes and key delivery timeframes (cls 12-13). If the landlord alters or adds a lock without tenant consent, the landlord must provide a key within 24 hours (cl 12(3)); if the tenant alters or adds a lock without landlord consent, the tenant must provide a key within 2 business days (cl 13(2)). These are short operational timeframes; failing to deliver keys within these windows may produce disputes over access and security and potential breaches.

7. Tenant vicarious liability and domestic violence carve-out (cl 17). The tenant’s vicarious liability for acts of others on the premises is subject to a reasonableness test and to domestic-violence exceptions that require specified documentation (cl 17(2)-(3)). Reg 9A narrows the occupations that can supply the necessary documents. Tenants and advocates must ensure documents come from prescribed occupations; documents from other sources may not be accepted to establish the carve-out.

8. Notice to remedy rent breach content (reg 10A). Notices under s 96A must include detailed rent information (reg 10A(a)-(f)). Failure to include any of the specified particulars could render a notice defective, with potential consequences for the landlord’s ability to rely on a notice to obtain Tribunal orders or to start possession proceedings. Practitioners should use a checklist to ensure all reg 10A items are present.

9. Storage-of-goods notice publication costs (Schedule 3). The storage-of-goods notice requires, where the landlord seeks recovery, the notice to be published in a Territory-wide newspaper and allows recovery of reasonable publication costs from sale proceeds. Landlords must factor the cost of the required publication into amounts to be recovered and must select an appropriately circulating newspaper.

10. References to Part 7 of the Act and other cross-references. Many duties are “subject to the provisions of Part 7 of the Act” (e.g., cls 9 and 16). Practitioners cannot rely on the prescribed agreement in isolation; they must interpret these clauses with the Act’s Part 7 provisions to determine whether consent is required or whether certain processes must be followed. Failure to do so may lead to misapplication of the prescribed terms.

11. Tribunal application deadlines implicit but not universal. While cl 19 sets an explicit 14‑day window for landlords to apply to the Tribunal, other Tribunal processes referenced in Schedule 2 may have different procedural time limits under the Act itself. Parties should not assume uniform timeframes across all Tribunal matters.

12. No monetary quantification of “reasonable” costs. Schedule 3 and other clauses refer to “reasonable” costs (removal, storage, publication). The Regulations do not provide a formula or caps; contested reasonableness determinations will require Tribunal or court adjudication.

Noting these operational details and timing constraints will reduce inadvertent breaches and preserve rights to possession, recovery, or defence in Tribunal or court proceedings. Practitioners should build checklists tied to reg 10A and Schedule 3, and ensure documents used to claim domestic-violence exceptions come from occupations listed in reg 9A.

The Regulations impose discrete documentary, procedural and timing steps. Below is a practical compliance checklist, aligned to the Regulations’ text, suitable for landlords, agents and tenants.

For landlords and agents:

1. Use the prescribed tenancy agreement where appropriate (reg 10; Schedule 2). Ensure the agreement’s clauses are not inconsistent with bespoke clauses that the Act may prohibit. Keep an up-to-date version reflecting any amending legislation.

2. Maintain habitability and repair obligations (Schedule 2 cls 6 and 9). Before a tenant takes occupancy confirm premises meet applicable health and safety requirements and are reasonably clean. Maintain repair records and inspection logs that demonstrate compliance with “reasonable state of repair” having regard to age, character and prospective life (cl 9(2)).

3. Entry protocols (cl 5). Only enter premises in accordance with the Act. Keep written records of entry requests and consents.

4. Lock and key changes (cl 12). Do not alter or add a lock without tenant consent. If an alteration/addition occurs without consent, provide a key to the tenant within 24 hours (cl 12(3)). Retain evidence of keys provided (signatures, timestamps).

5. Pet requests (cl 19). On receiving a tenant’s written notice describing a proposed pet, either:

   • Do nothing (then you forfeit the right to object if you do not apply to the Tribunal within 14 days; cl 19(4)); or
   • Within 14 days give written notice of objection with reasons and apply to the Tribunal under s 65B (cl 19(2)). Keep precise records of dates to establish compliance with or reliance on the 14-day window.

6. Storage-of-goods notices (reg 11; Schedule 3). When goods are left behind:

   • Use the prescribed form exactly.
   • Provide required particulars and store goods in a safe manner.
   • Publish the storage-of-goods notice in a newspaper circulating generally throughout the Territory if recovery of costs is sought.
   • Observe the 30-day reclamation period (Schedule 3: “being 30 days after the day on which I took possession of the premises”).
   • Account for and be able to justify “reasonable” removal, storage and publication costs when deducting from sale proceeds.

7. Infringement notices (regs 5-8). If you receive an infringement notice issued by the Commissioner, advise the recipient to pay with cleared funds to ensure expiation; if contesting, preserve evidence and consider Tribunal or court avenues. If you are a landlord and wish to initiate administrative enforcement, liaise with the Commissioner’s office about the criteria for issuing notices.

8. Notices to remedy rent breach (reg 10A; s 96A of the Act). When issuing a s 96A notice include each item required by reg 10A:

   • date rent obligation commenced;
   • current rent payable;
   • frequency of rent;
   • date on which rent was last paid;
   • amount of rent last paid;
   • date rent will next be payable after remedy. Use a template or checklist to avoid omission; missing particulars can render a notice defective.

9. Keep records of consents and written notices. Many obligations and rights in Schedule 2 depend on written notices and timeframes (e.g., pet notices, assignment/subletting consent, alteration consents). Maintain dated copies and proof of service.

For tenants:

1. Use the prescribed tenancy agreement as the baseline (reg 10; Schedule 2). Ensure you receive a copy at commencement and that it reflects agreed rent, payment frequency and addresses.

2. Pay rent as agreed and document payments (cl 2). Given reg 10A’s requirements if a landlord issues a notice to remedy, accurate records of rent commencement date, payment dates and amounts will be essential.

3. Notify landlord promptly of required repairs (cl 10(1)). Provide written notices where possible to create a clear record. Distinguish “negligible” repairs from others; the tenant’s notice obligation applies to repairs other than negligible kinds.

4. Follow the pet-notice process (cl 19). If seeking to keep a pet, provide written notice describing the proposed pet and do not introduce the pet until the 14‑day period expires or the Tribunal has authorised keeping the pet. Preserve copies of all correspondence.

5. Avoid unauthorised alterations and provide keys when required (cl 8 and cl 13). If you add or alter a lock without consent, deliver a key within two business days unless the landlord consents otherwise. Keep evidence of attempts to obtain consent.

6. Observe vacancy notification rules (cl 14). Notify the landlord before leaving premises unoccupied for more than 30 days.

7. Vicarious liability and domestic violence carve-out (cl 17). If you seek to rely on the domestic-violence exception to vicarious liability, obtain a document from one of the occupations listed in reg 9A (medical or psychology practitioner under the Health Practitioner Regulation National Law; accredited social worker; police officer; Australian legal practitioner; or person in charge of a domestic violence support service). Ensure the document complies with s 4A of the Act and is appropriate to the circumstances.

8. On termination, return premises in reasonable repair and cleanliness (cl 11). Document condition with dated photos and, where possible, pre- and post-tenancy inventories to defend against claims.

For both parties and advisers:

1. Cross-check with the Act and other relevant statutes. The Regulations reference many parts of the Act and other statutes (Unit Titles, Domestic and Family Violence Act, Health Practitioner Regulation National Law). Read the Act sections cited in Schedule 1 and the cross-referenced statutory provisions to understand full obligations and remedies.

2. Use templates that incorporate reg 10A and Schedule 3. Draft s 96A notices, storage-of-goods notices, and tenancy agreements using the exact prescribed language or forms to reduce challenge risk.

3. Time-critical actions: track days precisely. Several obligations are strictly time‑limited (14 days for pet objections; 28 days for expiation payment; 30 days for reclamation of goods; 24 hours or 2 business days for keys). Use calendar tools and record service methods to demonstrate compliance.

4. Treat “reasonable” costs and repairs conservatively. Where the Regulations use “reasonable” without numeric caps (storage, publication, repair costs), document cost bases and obtain written quotes where possible to support recoveries or contestations.

5. If served with an infringement notice, consider whether expiation is appropriate or whether contesting the notice in a tribunal or court is warranted. Remember that service of an infringement notice does not foreclose court proceedings in all circumstances (reg 9).

Following these steps will address the major documentary and timing requirements embedded in the Regulations. Keep contemporaneous records of consents, notices, payments and repairs, and ensure documents used to claim statutory exceptions (for example domestic-violence certification) come from the occupations listed in reg 9A.