NORTHERN TERRITORY OF AUSTRALIA
RESIDENTIAL TENANCIES REGULATIONS 2000
As in force at 2 January 2024
Table of provisions
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Act not to apply to certain boarders and lodgers ............................. 1
4A Act not to apply to North Flinders International House .................... 2
5 Issuing of infringement notices ........................................................ 2
6 Particulars to be shown on infringement notice ............................... 2
7 Penalty payable ............................................................................... 2
8 Payment before expiry date of infringement notice.......................... 2
9 General ............................................................................................ 3
9A Domestic violence certification occupations .................................... 3
10 Prescribed residential tenancy agreement....................................... 3
10A Prescribed information in notice to remedy breach.......................... 3
11 Form ................................................................................................ 4
Schedule 1 Offences and penalties
Schedule 2 Residential tenancy agreement
Schedule 3
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 2 January 2024
RESIDENTIAL TENANCIES REGULATIONS 2000
Regulations under the Residential Tenancies Act 1999
1 Citation
These Regulations may be cited as the Residential Tenancies
Regulations 2000.
2 Commencement
These Regulations come into operation on the commencement of
the Residential Tenancies Act 1999.
3 Definitions
In these Regulations, unless the contrary intention appears:
infringement notice means an infringement notice issued in
pursuance of these Regulations.
offence means an offence against a provision of the Act that is
specified in column 1 of Schedule 1.
offender means a person who the Commissioner reasonably
believes has committed an offence.
4 Act not to apply to certain boarders and lodgers
The Act does not apply to a tenancy agreement under which board
or lodging is provided, except such an agreement in relation to a
person who:
(a) boards or lodges in a residence from week to week or for
more than a week; and
(b) is one of 3 or more persons (other than the landlord, a
member of the landlord's family or a caretaker of the
residence) who boards or lodges at the residence.
Residential Tenancies Regulations 2000 2
4A Act not to apply to North Flinders International House
The Act does not apply to a tenancy agreement under which a
person is granted a right to occupy part of North Flinders
International House for the purpose of residency.
5 Issuing of infringement notices
If the Commissioner has reason to believe that an offence has been
committed, he or she may serve an infringement notice on the
offender.
6 Particulars to be shown on infringement notice
An infringement notice is to have clearly shown on it:
(a) the name of the offender, if known;
(b) the date, time and place of the offence;
(c) the nature of the offence and the penalty payable in
accordance with regulation 7;
(d) the place or places at which the penalty may be paid;
(e) the date of the infringement notice and a statement that the
penalty may be paid within 28 days after that date; and
(f) a statement to the effect that, if the appropriate amount
specified in the infringement notice as the penalty for the
offence is tendered at a place referred to in the notice within
the time specified in the notice, no further action will be taken.
7 Penalty payable
The penalty payable for the purposes of these Regulations for an
offence against a provision of the Act specified in column 1 of
Schedule 1 is the number of penalty units specified opposite the
provision in column 2.
8 Payment before expiry date of infringement notice
(1) If the total amount of the penalty specified in an infringement notice
is paid in accordance with the notice, the offender is to be taken to
have expiated the offence by paying the penalty and no further
proceedings are to be taken in respect of the offence.
(2) If the amount of a penalty specified in an infringement notice is paid
by cheque, the amount is not to be taken to have been paid unless
the cheque is cleared on presentation.
Residential Tenancies Regulations 2000 3
9 General
Nothing in these Regulations:
(a) prevents more than one infringement notice being served in
relation to the same offence but it is sufficient for the
application of regulation 8 to a person on whom more than
one notice has been served for the person to pay the amount
of the penalty in accordance with any one of the notices;
(b) prejudices or affects (except as provided by regulation 8)
proceedings being instituted or prosecuted, or limits the
penalty that may be imposed by a court, in relation to an
offence; or
(c) is to be construed as requiring an infringement notice to be
served or as affecting the liability of a person to be prosecuted
in a court in relation to an offence in respect of which an
infringement notice has not been served.
9A Domestic violence certification occupations
For the purposes of section 4A(1)(c) of the Act, the following
occupations are prescribed:
(a) a health practitioner who practices in the medical or
psychology professions under the Health Practitioner
Regulation National Law;
(b) a social worker with a qualification endorsed or accredited by
the Australian Association of Social Workers;
(c) a police officer;
(d) an Australian legal practitioner;
(e) in charge of a domestic violence support service.
10 Prescribed residential tenancy agreement
For the purposes of section 19(4) of the Act, the tenancy agreement
set out in Schedule 2 is prescribed.
10A Prescribed information in notice to remedy breach
A notice under section 96A of the Act must include the following
information, in addition to any other information required by the
section:
(a) the date the obligation to pay rent commenced;
Residential Tenancies Regulations 2000 4
(b) the current rent payable;
(c) the frequency that rent is payable;
(d) the date on which rent was last paid;
(e) the amount of rent that was last paid;
(f) the date that rent will be next payable after the breach is
remedied.
11 Form
For the purposes of section 109(3) and (4) of the Act, the form in
Schedule 3 is prescribed.
Schedule 1 Offences and penalties
Residential Tenancies Regulations 2000 5
Schedule 1 Offences and penalties
regulations 3 and 7
Column 1 – Section Column 2 – Penalty Units
18A(2) and 18B(1), (2),
(4) and (6)
4
19(2) and (3) 4
24(1) 4
29(1), (4) and (5) 4
31(1) and (2) 4
32 4
36(1) 4
37(1), (2) and (3) 4
38A(2) and (3) 4
39(1), (2) and (3) 4
43(1) 4
49(3) and (5) 10
74A(4) 4
81(1) 4
109(1) 10
109(3), (4), (6) and (8) 4
112(2) 4
116A 4
117 4
118(2) and (3) 4
126(5) 4
127(3) 4
128(2) and (4) 4
129(4) 4
133(3) 4
156(1) and (2) 4
Compliance with Act
The landlord and the tenant must comply with the provisions of the
Act.
Period of tenancy and payment of rent
(1) Subject to the Act, the tenancy to which this agreement relates is:
(a) if the landlord and the tenant agreed to a tenancy for a fixed
term – a tenancy for the term agreed to; or
(b) if the landlord and the tenant intended that the tenancy be
other than for a fixed term – a periodic tenancy.
(2) The tenant must pay, before each rental payment period in respect
of the premises to which this agreement relates, the amount of rent,
if any, agreed at the beginning of the tenancy between the landlord
and the tenant to be payable in respect of the rental payment
period.
(3) The tenant must pay the rent, if any, in the manner, and at the
place, agreed between the landlord and the tenant.
Vacant possession etc.
(1) The tenant is entitled to vacant possession of the premises on and
from the day the tenancy begins.
(2) Subclause (1) does not apply in relation to a part of the premises in
respect of which a right to exclusive possession is not given under
this agreement.
(3) There is no legal impediment to the tenant's occupation of the
premises as a place of residence for the period of the tenancy that
the landlord knew of, or ought to have known of, when entering this
agreement.
Quiet enjoyment
(1) The tenant is entitled to quiet enjoyment of the premises without
interruption by the landlord or a person claiming under the landlord
or with superior title to the landlord's title.
Schedule 2 Residential tenancy agreement
Residential Tenancies Regulations 2000 7
(2) The landlord will not cause an interference with the reasonable
peace or privacy of the tenant in the tenant's use of the premises.
5. Entry only permitted in accordance with Act
The landlord may only enter the premises or ancillary property in
accordance with the provisions of the Act.
6. Landlord's duties in relation to condition of premises
The landlord must ensure that the premises and ancillary property:
(a) are habitable;
(b) meet all health and safety requirements specified under an Act
that apply to residential premises of the ancillary property; and
(c) are reasonably clean when the tenant enters into occupation
of the premises.
7. Tenant's duties in relation to condition of premises
(1) The tenant will not maintain the premises and ancillary property in
an unreasonably dirty condition, allowing for reasonable wear and
tear.
(2) The tenant must notify the landlord of any damage or apparent
potential damage to the premises or ancillary property, other than
damage of a negligible kind.
(3) The tenant must not intentionally or negligently cause or permit
damage to the premises or ancillary property.
(4) If the premises are a unit within the meaning of the Unit Titles
Act 1975 or Unit Title Schemes Act 2009, the tenant must not
intentionally or negligently cause or permit damage to the common
property within the meaning of that Act.
8. Alteration of premises or ancillary property
(1) The tenant must not, without the landlord's written consent or
otherwise than in accordance with the Act, make an alteration or
addition to the premises or ancillary property.
(2) The tenant may remove a fixture affixed to the premises by the
tenant unless its removal would cause damage to the premises or
ancillary property.
Schedule 2 Residential tenancy agreement
Residential Tenancies Regulations 2000 8
(3) If the tenant causes damage to the premises or ancillary property
by removing or installing a fixture, the tenant must:
(a) notify the landlord; and
(b) at the option of the landlord, have the damage repaired or
compensate the landlord for the reasonable cost of repairing
the damage.
9. Landlord's obligation to repair
(1) Subject to the provisions of Part 7 of the Act, the landlord must
ensure that the premises and ancillary property are in a reasonable
state of repair when the tenant enters into occupation of the
premises.
(2) Subject to the provisions of Part 7 of the Act, the landlord must
maintain the premises and ancillary property in a reasonable state
of repair, having regard to their age, character and prospective life.
10. Tenant to notify landlord if repairs required
(1) Subject to the provisions of Part 7 of the Act, if the premises or
ancillary property require repair or maintenance, other than repair
or maintenance of a negligible kind, the tenant is, as soon as
reasonably practicable after becoming aware of the need for the
repairs or maintenance, to notify the landlord orally or in writing of
the requirement.
(2) For the purposes of subclause (1), "ancillary property" includes
gardening or watering equipment or other chattels provided in
relation to a garden but does not include vegetation, other than a
tree that poses a risk to a person's safety.
11. Tenant's responsibilities at end of tenancy
At the end of the tenancy, the tenant must give the premises and
ancillary property back to the landlord:
(a) in a reasonable state of repair; and
(b) in a reasonably clean condition,
allowing for reasonable wear and tear.
12. Landlord's duties in relation to security of premises
(1) The landlord will take reasonable steps to provide and maintain the
locks and other security devices that are necessary to ensure the
premises and ancillary property are reasonably secure.
Schedule 2 Residential tenancy agreement
Residential Tenancies Regulations 2000 9
(2) The landlord must not:
(a) alter or remove a lock or security device on the premises or
ancillary property; or
(b) add a lock or security device to the premises or ancillary
property,
without the consent of the tenant.
(3) If the landlord:
(a) alters a lock or security device on the premises or ancillary
property; or
(b) adds a lock or security device to the premises or ancillary
property,
without the consent of the tenant, the landlord will provide to the
tenant a key to the lock or security device within 24 hours after the
alteration or addition.
13. Tenant's duties in relation to security of premises
(1) The tenant may, with the consent of the landlord:
(a) alter or remove a lock or security device on the premises or
ancillary property; or
(b) add a lock or security device to the premises or ancillary
property.
(2) If the tenant:
(a) alters a lock or security device on the premises or ancillary
property; or
(b) adds a lock or security device to the premises or ancillary
property,
without the consent of the landlord, the tenant will provide a key to
the lock or security device within 2 business days after the
alteration or the addition, unless the landlord consents to the tenant
doing otherwise.
14. Tenant to notify if premises to be vacant for more than 30 days
The tenant must notify the landlord before the premises are left
unoccupied for more than 30 days.
Schedule 2 Residential tenancy agreement
Residential Tenancies Regulations 2000 10
15. Use of premises and ancillary property
(1) The tenant must not use the premises or ancillary property, or
cause the premises or ancillary property to be used, for an illegal
purpose.
(2) The tenant must not cause or permit a nuisance on the premises,
ancillary property or on land adjacent to or opposite the premises.
(3) The tenant must not cause or permit ongoing or repeated
interference with the reasonable peace or privacy of another person
in the other person's use of premises or land in the immediate
vicinity of the premises.
16. Assignment or subletting of premises
(1) Subject to the provisions of Part 7 of the Act, the tenant may assign
the tenant's interest in this agreement or sublet the premises to a
person with the oral or written consent of the person.
(2) The tenant must not assign the tenant's interest in this agreement
or sublet the premises unless:
(a) the landlord gives his or her written consent; or
(b) the landlord is to be taken under section 79 of the Act to have
consented to the assignment
(3) This clause does not apply to a tenancy under the Housing
Act 1982.
17. Vicarious liability of tenant
(1) The tenant is responsible for an act or omission of a person, other
than a co-tenant, who:
(a) is on the tenant's premises with the consent of the tenant; and
(b) performs or omits to perform any act that, if it had been an act
or omission of the tenant, would have been a breach of this
agreement.
(2) A tenant is not responsible for a breach of this agreement if:
(a) the person who performs or omits to perform the act is in a
domestic relationship as defined in section 9 of the Domestic
and Family Violence Act 2007 with the tenant; and
(b) the act is an act of domestic violence as defined in section 5 of
that Act; and
Schedule 2 Residential tenancy agreement
Residential Tenancies Regulations 2000 11
(c) it is reasonable in all the circumstances for the tenant not to
be taken to be responsible under this agreement for the act or
omission because the tenant or another occupant of the
premises has experienced domestic violence.
(3) A tenant may establish that an act is an act of domestic violence for
subclause (2)(b) by providing a document specified by or under
section 4A of the Act.
18. Tenant not to give false information
The tenant must not give the landlord:
(a) information about the tenant's identity that is material to the
landlord's decision to enter into this agreement and that is, to
the knowledge of the tenant, false; or
(b) any other information, required by or under the Act to be given
in relation to this agreement, that is, to the knowledge of the
tenant, false.
19. Keeping pets
(1) If the tenant wishes to keep a pet on the premises, the tenant must
first give the landlord written notice describing the proposed pet.
(2) The landlord has 14 days after receiving the notice under
subclause (1) to object to the tenant keeping the pet by:
(a) giving the tenant written notice of the objection and the reason
for the objection; and
(b) making an application to the Tribunal under section 65B of
the Act.
(3) The tenant must not keep the pet on the premises before the expiry
of the 14-day period referred to in subclause (2).
(4) If the landlord does not apply to the Tribunal under section 65B of
the Act within the 14-day period referred to in subclause (2), the
tenant may keep the pet on the premises.
(5) If the landlord applies to the Tribunal under section 65B of the Act
within the 14-day period referred to in subclause (2), the tenant
must not keep the pet on the premises unless the Tribunal orders
that the landlord's objection to the keeping of the pet is
unreasonable and that the tenant may keep the pet on the
premises.
Schedule 3
Residential Tenancies Regulations 2000 12
Schedule 3
regulation 11
Residential Tenancies Act 1999
section 109(3) and (4)
NOTICE BY LANDLORD OF STORAGE OF GOODS
To: (name of person to whom notice is addressed)
Of: (address)
Re: Goods left at residential premises at the following address:
…………………………………………………………………………………..
Details of relevant residential tenancy agreement:
Name of tenant:…………………………………………..
Date tenancy terminated:………./………./……….
The following goods were left on the premises: (specify goods, other than
perished or perishable foodstuffs or goods of a value less than a fair estimate
of the cost of their removal, storage and sale)
These goods have been stored in a safe place and manner.
If you are entitled to possession of the goods, you may reclaim the goods by
paying to me:
(a) the reasonable costs of removing and storing the goods; and
(b) the reasonable costs of publishing this notice of the storage of goods in
a newspaper circulating generally throughout the Territory.
If the goods are not reclaimed on or before ………./………./……….(being
30 days after the day on which I took possession of the premises), the goods
will be sold by public auction. I will then retain from the proceeds of sale
various costs and amounts owed to me.
These costs and amounts are:
(a) the reasonable costs of removing, storing and selling the goods;
(b) the reasonable costs of publishing this notice of the storage of goods in
a newspaper circulating generally throughout the Territory;
Schedule 3
Residential Tenancies Regulations 2000 13
(c) the amounts owed to the landlord under the tenancy agreement.
Signed:…………………………………………………………………………..
(Landlord/Agent)
Full name of Landlord/Agent…………………………………………………..
and address……………………………………………………………………..
ENDNOTES
Residential Tenancies Regulations 2000 14
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Residential Tenancies Regulations (SL No. 12, 2000)
Notified 1 March 2000
Commenced 1 March 2000 (r 2, s 2 Residential Tenancies Act 1999 (Act
No. 45, 1999) and Gaz G8, 1 March 2000, p. 2)
Amendment of Residential Tenancies Regulations (SL No. 26, 2003)
Notified 30 April 2003
Commenced 30 April 2003
Residential Tenancies Amendment Regulations 2005 (SL No. 21, 2005)
Notified 31 May 2005
Commenced 31 May 2005
Unit Title Schemes Act 2009 (Act No. 14, 2009)
Assent date 26 May 2009
Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):
1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,
Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related
Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz
S30, 26 June 2009, p 1)
Residential Tenancies Amendment Act 2018 (Act No. 11, 2018)
Assent date 23 May 2018
Commenced 1 July 2018 (Gaz S41, 20 June 2018)
ENDNOTES
Residential Tenancies Regulations 2000 15
Residential Tenancies Legislation Amendment Act 2020 (Act No. 13, 2020)
Assent date 16 April 2020
Commenced s 20: nc; rem: 1 January 2021 (Gaz G51, 23 December 2020,
p 1)
Amending Legislation
Statute Law Revision Act 2020 (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Residential Tenancies Amendment Regulations 2021 (SL No. 23, 2021)
Notified 22 December 2021
Commenced 22 December 2021
Residential Tenancies Legislation Amendment Act 2023 (Act No. 36, 2023)
Assent date 6 December 2023
Commenced 2 January 2024 (Gaz G26, 21 December 2023, p 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: r 1 and sch 2 and 3.
4 LIST OF AMENDMENTS
r 4A ins No. 26, 2003
r 9A ins Act No. 36, 2023, s 33
r 10A ins No. 21, 2005, r 3
amd Act No. 13, 2020, s 23
sch 1 amd Act No. 11, 2018, s 12; Act No. 13, 2020, s 24; No. 23, 2021, r 4; Act
No. 36, 2023, s 34
sch 2 amd Act No. 14, 2009, s 184; No. 23, 2021, r 5; Act No. 36, 2023, s 35