Part 2General provisions

Part 2—General provisions 4—Provision of inspection sheets by landlord At the time a tenant commences occupation of premises under a residential tenancy agreement, the landlord (or the landlord's agent) must complete and provide to each tenant under the agreement 1 signed copy of an inspection sheet in a form determined by the Minister, or in a form that satisfies the requirements of the form determined by the Minister, and that in particular— (a) provides for the premises the subject of a residential tenancy agreement to be identified; and (b) provides comprehensive details of fixtures, furniture and other contents in the premises; and (c) provides for the condition of the premises and the fixtures, furniture and other contents of the premises to be described by both the landlord and tenant, both at the time of commencement and termination of the agreement; and (d) provides for the signature of the parties of the agreement both at the time of commencement and termination of the agreement; and (e) advises the tenant that if a dispute arises about the condition of the premises, the tenant may contact Consumer and Business Services about the matter. The form should be used for a comparison check when the tenant vacates the premises. Maximum penalty: $5 000. 5—Drug related conduct (section 3 of Act) (1) For the purposes of the definition of drug related conduct in section 3(1) of the Act, conduct (not being exempt conduct) constituting the manufacture, or the smoking, consumption or administration, of a controlled drug is prescribed. (2) In this regulation— exempt conduct means conduct that would constitute an offence set out in section 45A(8) of the Controlled Substances Act 1984; manufacture has the same meaning as in the Controlled Substances Act 1984. 6—Short fixed term tenancies (section 4 of Act) (1) A notice given by a landlord to a tenant for the purposes of section 4(1)(b)(i) of the Act must be in the form set out in Part A of Form 1 in Schedule 1. (2) A statement signed by a tenant for the purposes of section 4(1)(b)(ii) of the Act must be in the form set out in Part B of Form 1 in Schedule 1. 7—Exempted agreements (section 5 of Act) (1) Pursuant to section 5(1)(h) of the Act, the Act does not apply to— (a) an agreement genuinely entered into on a short‑term, temporary basis, for the occupation of a serviced apartment if the serviced apartment will not, while so occupied, constitute the principal place of residence of the occupant; or (b) an agreement that relates to residential premises that— (i) form part of a building in which other premises are let by the landlord to the tenant for the purposes of a trade, profession or business carried on by the tenant; or (ii) are situated on land which is let by the landlord to the tenant for the purposes of a trade, profession or business (including agriculture) carried on by the tenant; or (iii) are situated in the township of Leigh Creek South and are the subject of a tenancy agreement to which an electricity entity (within the meaning of the Electricity Act 1996) is a party as landlord. (2) For the purposes of subregulation (1)(a), an agreement conferring a right to occupy a serviced apartment for a fixed term of 60 days or longer will be taken, in the absence of proof to the contrary, not to have been genuinely entered into on a short‑term, temporary basis. serviced apartment means an apartment or unit in respect of which the person who grants the right of occupancy provides, on an on‑going basis, various services associated with the occupation of the apartment or unit. 8—Prospective tenant—requirements relating to provision of information (1) For the purposes of section 47B(1) of the Act, the following information is prescribed: (a) information relating to whether or not the prospective tenant has previously taken legal action, has been a respondent to legal action, or has had a dispute relating to a residential tenancy with a landlord or an agent of a landlord; (b) information relating to whether or not the prospective tenant has previously been given a notice of termination by a landlord under section 80 of the Act, other than a notice under that section pursuant to which the prospective tenant's tenancy was terminated; (c) information relating to whether or not a bond to be paid by the prospective tenant (if relevant) is to be wholly or partly provided through a program for housing assistance (such as a South Australian Housing Trust bond guarantee); (d) information relating to the prospective tenant's bond history, including whether a claim has been made on a bond previously paid by the prospective tenant (whether the claim was made by a landlord or an agent of a landlord, or by the prospective tenant); (e) information relating to whether or not the prospective tenant has been a tenant under a residential tenancy agreement where the landlord is the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust; (f) a bank or other financial statement of the prospective tenant if the outgoing transactions and bank account number on the statement are not redacted or omitted; (g) financial information relating to the prospective tenant, including— (i) information relating to the discharge of the prospective tenant from bankruptcy; and (ii) information relating to the prospective tenant's financial practices, unless the information directly relates to the prospective tenant's financial capacity; A landlord, or an agent of a landlord, must not request a prospective tenant to disclose financial information primarily based on expenditure records of the prospective tenant. (h) information relating to the employment of the prospective tenant, other than a payslip or a document that confirms their employment; (i) information relating to a relevant attribute or circumstance of the prospective tenant; See subregulation (8) for the definition of relevant attribute or circumstance. (j) medical records of the prospective tenant; (k) information relating to the prospective tenant on a social media service (within the meaning of the Online Safety Act 2021 of the Commonwealth); (l) a registration number of a vehicle owned or used by the prospective tenant; (m) a microchip number of a pet of the prospective tenant; (n) information relating to— (i) the level of education undertaken by the prospective tenant; (ii) the reason the prospective tenant seeks to move to the premises the subject of the residential tenancy agreement. (2) Nothing in subregulation (1)(a) prevents a landlord, or an agent of a landlord, from accessing or being provided with information required to be made publicly available on a register maintained under an Act or law or records held by a court or tribunal that a member of the public may inspect or obtain a copy of. (3) Nothing in subregulation (1)(i) prevents— (a) in all cases—a landlord, or an agent of a landlord, from requesting a prospective tenant to disclose whether the prospective tenant is at least 18 years of age and has legal capacity to enter into a lease; or (b) in a case where the landlord, or an agent appointed by the landlord to manage the premises, resides in the premises to which the tenancy relates—the landlord or agent from requesting a prospective tenant to disclose whether it is intended that a child or a person for whom the prospective tenant has caring responsibilities will live in the premises with the prospective tenant. (4) For the purposes of section 47B(2) of the Act, the following classes of entities are prescribed: (a) a participant of the National Rental Affordability Scheme under the National Rental Affordability Scheme Act 2008 of the Commonwealth; (b) a provider of specialist disability accommodation as defined under the National Disability Insurance Scheme Act 2013 of the Commonwealth; (c) a community housing provider registered under the Community Housing Providers National Law; (d) a provider of housing registered under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth. (5) Pursuant to section 47B(3) of the Act, in connection with a prospective tenant applying to enter into a residential tenancy agreement— (a) an application form given to the prospective tenant by a landlord or an agent of a landlord must— (i) include the information that is specified in Form A1 in Schedule 1 to be filled in by the landlord or the agent; and (ii) be in the form set out in Form A1 in Schedule 1; and (b) an application submitted by the prospective tenant to a landlord or an agent of a landlord must— (i) include the information that is specified in Form A1 in Schedule 1 to be filled in by the prospective tenant; and (ii) be in the form set out in Form A1 in Schedule 1; and (c) the prospective tenant cannot be required to provide— (i) more than 2 documents verifying their identity; or (ii) more than 2 documents relating to their ability to pay rent; or (iii) more than 2 documents relating to their suitability to enter into the residential tenancy agreement. (6) Subregulation (5) does not apply in relation to an application to enter into a residential tenancy agreement with an entity of a class prescribed under subregulation (4). (7) For the purposes of section 47B(3) of the Act, a landlord, or an agent of a landlord, must, in relation to information given to a prospective tenant in connection with their entry into a residential tenancy agreement, ensure that— (a) if the landlord or agent is aware that the prospective tenant has a disability— (i) the information is in a form that is accessible to the prospective tenant having regard to the disability; or (ii) the landlord or agent informs the prospective tenant as to how they can access such information; and (b) if the landlord or agent is aware that the prospective tenant's primary language is a language other than English— (i) the information is in that other language; or (ii) the landlord or agent informs the prospective tenant as to how they can access the information in that other language. (8) In this regulation— relevant attribute or circumstance—an attribute or circumstance of a prospective tenant is a relevant attribute or circumstance if discrimination of a kind referred to in the Equal Opportunity Act 1984 is unlawful on the ground of the attribute or circumstance. 9—Advertising premises—prescribed information and material facts (section 47C of Act) (1) For the purposes of section 47C(1) of the Act, if the landlord intends to sell the premises within 3 months after the date on which the residential tenancy agreement is to be entered into, that information is prescribed. (2) For the purposes of section 47C(2) of the Act, if the landlord intends to sell the premises within 3 months after the date on which the residential tenancy agreement is to be entered into, that fact is prescribed. 10—Information relating to supply of certain electricity (section 48(1)(ea) of Act) For the purposes of section 48(1)(ea) of the Act, the following information is prescribed: (a) information about the nature, benefits and potential consequences of participating in an embedded network generally; (b) the details of the retailer for the embedded network, including electricity tariffs that apply and the retailer's contact information, ABN and website address; (c) information about metering arrangements in relation to, and potential costs of, participating in the embedded network; (d) the cost apportionments per kilowatt hour for any bundled utilities arising from participating in the embedded network. 11—Residential tenancy agreements—prescribed requirements (section 49 of Act) For the purposes of section 49(1)(d) of the Act, a residential tenancy agreement must require the tenant to acknowledge receipt of the written guide contemplated by section 49(3) of the Act. 12—Other amounts recoverable by landlord (section 53 of Act) Pursuant to section 53(2)(c) of the Act, a landlord is also authorised to require or receive payments for the provision of the following services at the premises, if the accounts for those services are in the name of the landlord: (a) electricity; (b) gas; (c) telephone; (d) Internet; (e) subscription television. 13—Limit of amount of bond—rent level (section 61 of Act) For the purposes of section 61(3)(a) and (b) of the Act, the amount of $800 per week is prescribed. 14—Transmission of bond to Commissioner etc (sections 62 and 105L of Act) (1) For the purposes of sections 62(2) and 105L(2) of the Act, the following period is allowed for the payment to the Commissioner of an amount paid by way of a bond: (a) if the person who receives the amount is a registered agent—4 weeks after the receipt of the amount; (b) in any other case—2 weeks after the receipt of the amount. (2) For the purposes of sections 62(3) and 105L(3) of the Act, the Commissioner must— (a) notify— (i) in the case of a notification made under section 62(3) of the Act—the landlord or the landlord's agent; or (ii) in the case of a notification made under section 105L(3) of the Act—the proprietor or the proprietor's agent, of receipt of the amount; and (b) include in such a notification the following information: (i) the amount received; (ii) the date on which the amount was received; (iii) the name of the person from whom the amount was received; (iv) the address of the premises or rooming house (as the case requires) in respect of which the amount was received, so far as the information may be known by the Commissioner. (3) For the purposes of sections 62(4) and 105L(4) of the Act, if the Commissioner refunds an amount received apparently by way of a bond, the Commissioner must— (a) refund the amount to the person from whom it was received; and (b) — (i) if the amount was paid apparently in respect of a particular premises—notify the landlord of the premises, or the landlord's agent, of the refund; or (ii) if the amount was paid apparently in respect of a particular rooming house—notify the proprietor of the rooming house, or the proprietor's agent, of the refund. 15—Bond—prescribed periods, third party payments and guarantees (sections 63 and 105M of Act) (1) For the purposes of sections 63(4), (5), (7)(d)(ii)(A) and (9)(d)(i) and 105M(4), (5), (8)(d)(ii)(A) and (10)(d)(i) of the Act, the period of 14 days is prescribed. (2) For the purposes of sections 63(7) and 105M(8) of the Act, the South Australian Housing Trust is prescribed as a third party. (3) For the purposes of sections 63(7)(b) and 105M(8)(b) of the Act, a third party may give the Commissioner notice of the third party's interest by making an endorsement indicating the third party's interest on the form furnished to the Commissioner at the time that the relevant bond is paid to the Commissioner under section 62 or 105L of the Act, or in some other manner determined by the Minister for the purposes of this regulation. (4) For the purposes of sections 63(9) and 105M(10) of the Act— (a) the South Australian Housing Trust is prescribed as a third party; and (b) the prescribed circumstances are where the South Australian Housing Trust is acting as guarantor for a tenant or a rooming house resident. (5) For the purposes of sections 63(16)(a) and 105M(15)(a) of the Act, the period of 14 days is prescribed. 16—Altering locks for premises—relevant orders and protected persons (section 66A of Act) (1) For the purposes of section 66A(1)(a) of the Act, the following kinds of orders are prescribed: (a) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; (b) a non‑local DVO within the meaning of Part 3A of the Intervention Orders (Prevention of Abuse) Act 2009. (2) For the purposes of section 66A(1)(b) of the Act, a person for whose protection or benefit a relevant order is made is prescribed. 17—Testing and remediation in relation to drug contamination (section 67B of Act) (1) For the purposes of section 67B(2) of the Act, testing of premises for contamination must comply with the following requirements: (a) testing must be conducted by a qualified assessor; (b) testing must be conducted in accordance with the Clandestine Drug Laboratory Remediation Guidelines prepared by the Commonwealth Attorney General's Department and Australian Crime Commission and published on the Commonwealth Attorney General's Department website, in force from time to time. (2) A qualified assessor who conducts testing in accordance with subregulation (1) must provide a written report to the landlord that contains— (a) the results of the testing; and (b) recommendations for remediation of the contamination. qualified assessor means a person who— (a) has experience in environmental engineering, environmental science, environmental health or occupational hygiene; and (b) holds qualifications in a discipline specified in paragraph (a) from a university or other tertiary education provider registered in Australia or established under a law of the Commonwealth or a State or Territory. 18—Items for which community housing provider is not responsible (section 68 of Act) Pursuant to section 68(2)(b) of the Act, if the landlord is a registered community housing provider, the landlord is not required to comply with section 68(1) of the Act in relation to the following items: (a) air conditioners; (b) antennas; (c) ceiling fans; (d) washing machines; (e) dishwashers; (f) external blinds; (g) floor coverings; (h) garden sheds; (i) internal blinds and curtains; (j) light fittings; (k) rain water tanks, other than where the tank is the only source of water for the premises; (l) refrigeration units; (m) room heaters; (n) spa bath motors; (o) swimming pools and associated plant or equipment; (p) waste disposal units; (q) water pumps, other than where the water pumped is the only water supplied to the premises; (r) window treatments. 19—Minimum efficiency standards—requirements (sections 68A and 105PA of Act) For the purposes of sections 68A and 105PA of the Act, the following requirements are prescribed: (a) the following fixtures must not have a flow rate that is higher than 9 litres per minute: (i) shower heads; (ii) cold water taps and single mixer taps for kitchen, laundry or bathroom sinks or hand basins; (b) toilets must be dual flush and have a minimum 3‑star rating in accordance with the WELS scheme within the meaning of the Water Efficiency Labelling and Standards Act 2005 of the Commonwealth; (c) an electrical appliance that is a GEMS product within the meaning of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth must have a minimum 3‑star rating in accordance with the determination in force from time to time under that Act relating to the relevant appliance; (d) electric or gas water heaters must comply with the determination in force from time to time under the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth relating to electric or gas water heaters (respectively). 20—Alteration of premises for provision of infrastructure or a service (section 70 of Act) For the purposes of section 70(1a)(a) of the Act, the following kinds of services and infrastructure are prescribed: (a) digital television; (b) a carriage service for accessing the Internet and any facility or customer equipment associated with provision of that service. 21—Right of entry—notice of proposed entry and requirements relating to records (section 72 of Act) (1) A notice given by a landlord to a tenant under section 72(1)(h) of the Act must be in the form set out in Form 2 in Schedule 1. (2) For the purposes of section 72(5a) of the Act, a record constituting a photograph or video recording of premises that is produced during entry onto the premises under section 72(1)(c), (ca), (f), (g) or (h) of the Act must not be distributed or published such that members of the public can view the record unless the landlord (or an agent of the landlord) provides, at least 7 days prior to the entry, notice in writing to the tenant that such a record will be so produced during the entry. (3) For the purposes of section 72(5a) of the Act, a record constituting a photograph or video recording that captures or contains the tenant's personal possessions must not be produced during entry onto the premises under section 72(1)(c), (ca), (f), (g) or (h) of the Act unless the landlord (or an agent of the landlord)— (a) provides, at least 7 days prior to the entry, notice in writing to the tenant that such a record may be so produced; and (b) obtains the written consent of the tenant for the production of the record. 22—Notice of termination—landlords (Part 5 Division 2 of Act) (1) A notice given by a landlord to the administrator of a tenant's estate or a tenant's next of kin under section 79B(4) of the Act must be in the form set out in Form 4 in Schedule 1. (2) A notice given by a landlord to a tenant under section 80 of the Act (including a notice that provides for the termination of the tenancy) must be in the form set out in Form 5 in Schedule 1. (3) A notice given by a landlord to a tenant under section 80A of the Act must be in the form set out in Form 6 in Schedule 1. (4) A notice given by a landlord to a tenant under section 81 or 82 of the Act must be in the form set out in Form 7 in Schedule 1. (5) A notice given by a landlord to a tenant under section 83 of the Act must be in the form set out in Form 8 in Schedule 1. (6) A notice given by a landlord to a tenant under section 83A of the Act must be in the form set out in Form 9 in Schedule 1. (7) A notice given by a landlord to a tenant under section 83B of the Act must be in the form set out in Form 10 in Schedule 1. 23—Grounds of termination (section 81 of Act) (1) For the purposes of section 81(1)(e) of the Act, the sale of the premises in accordance with a sales agency agreement entered into between the landlord and a registered agent in accordance with subregulation (2) is prescribed. (2) For the purposes of subregulation (1), a sales agency agreement must be entered into by the registered agent and must not be entered into by a property manager. 24—Grounds of termination (section 83 of Act) (1) For the purposes of section 83(1) of the Act, the following grounds of termination are prescribed: (a) the tenant, or a person permitted to enter the premises by the tenant, gave rise to a serious risk to the life, health or safety of the landlord, the landlord's agent or a person who resides in the immediate vicinity of the premises; (b) the tenant or a person residing at the premises threatened or intimidated (whether physically or psychologically) the landlord, the landlord's agent or a contractor or employee of the landlord or agent; (c) the tenant kept a pet on the premises without authorisation under Part 4 Division 6A of the Act; (d) the tenant induced the landlord to enter into a residential tenancy agreement by a statement or representation in respect of the tenant's identity or place of occupation that the tenant knew to be false, misleading or deceptive, or by knowingly concealing a material fact in respect of the tenant's identity or place of occupation; (e) if the landlord is a charitable organisation and it is a term of the residential tenancy agreement that the tenant meet the eligibility requirements of the organisation to reside at the premises—the tenant no longer meets the eligibility requirements of the organisation; (f) if the landlord is an NRAS approved participant and the premises are a rental dwelling covered by an allocation under the National Rental Affordability Scheme—the tenant is no longer an eligible tenant under the National Rental Affordability Scheme Regulations 2020 of the Commonwealth; (g) if it is a term of the residential tenancy agreement that the tenant is a student of an educational institution or an employee of the landlord—the tenant is no longer a student of the institution or employee of the landlord (respectively). (2) In this regulation— charitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that— NRAS approved participant means an approved participant within the meaning of the National Rental Affordability Scheme Regulations 2020 of the Commonwealth. 25—Grounds of termination (section 83A of Act) (1) For the purposes of section 83A(1) of the Act, the following grounds of termination are prescribed: (a) the landlord requires possession of the premises for demolition; (b) the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises; (c) the landlord requires possession of the premises for— (i) the landlord's own occupation; or (ii) occupation by the landlord's spouse, child or parent; or (iii) occupation by the spouse of the landlord's child or parent; (d) the landlord has entered into a contract for the sale of the premises under which the landlord is required to give vacant possession of the premises; (e) the landlord requires possession of the premises for the purposes of the sale of the premises in circumstances where a sales agency agreement for the sale of the premises has been entered into between the landlord and a registered agent in accordance with subregulation (3); (f) the tenant, or a person permitted to enter the premises by the tenant, intentionally or negligently caused serious damage to— (i) the premises; or (ii) an area adjacent to the premises; or (iii) safety equipment located on the premises or an area adjacent to the premises; Safety equipment includes a smoke detector, a fire extinguisher or hydrant, a house alarm or a defibrillator. (g) the tenant, or a person permitted to enter the premises by the tenant, gave rise to a serious risk to the life, health or safety of the landlord, the landlord's agent or a person who resides in the immediate vicinity of the premises; (h) the tenant caused or permitted the premises to be unfit for human habitation, destroyed totally or destroyed to the extent that they are unsafe; (i) the tenant or a person residing at the premises threatened or intimidated (whether physically or psychologically) the landlord, the landlord's agent or a contractor or employee of the landlord or agent; (j) the tenant— (i) has been given 2 notices under section 80 of the Act which both specified the same or substantially similar breach by the tenant; and (ii) has breached the residential tenancy agreement on a third occasion in the same or substantially similar manner as specified in the 2 notices; (k) the tenant has used the premises, or has caused the premises to be used, for an illegal purpose (including drug related conduct); (l) the tenant failed to pay the bond in respect of the premises in accordance with the residential tenancy agreement; (m) the tenant kept a pet on the premises without authorisation under Part 4 Division 6A of the Act; (n) the tenant induced the landlord to enter into a residential tenancy agreement by a statement or representation in respect of the tenant's identity or place of occupation that the tenant knew to be false, misleading or deceptive, or by knowingly concealing a material fact in respect of the tenant's identity or place of occupation; (o) if the landlord is a charitable organisation and it is a term of the residential tenancy agreement that the tenant meet the eligibility requirements of the organisation to reside at the premises—the tenant no longer meets the eligibility requirements of the organisation; (p) if the landlord is an NRAS approved participant and the premises are a rental dwelling covered by an allocation under the National Rental Affordability Scheme—the tenant is no longer an eligible tenant under the National Rental Affordability Scheme Regulations 2020 of the Commonwealth; (q) if it is a term of the residential tenancy agreement that the tenant is a student of an educational institution or an employee of the landlord—the tenant is no longer a student of the institution or employee of the landlord (respectively); (r) if the landlord, being a purpose-built student accommodation provider, has made an offer to the tenant in writing to extend or renew the residential tenancy agreement—the tenant has failed to accept in writing the offer within 30 days of receiving the offer. (2) A purpose-built student accommodation provider who terminates a residential tenancy agreement on the ground referred to in subregulation (1)(r) must not impose a charge or a fee (however described) to the tenant due to the termination of the agreement or because the tenant failed to accept in writing the offer within the time required. Maximum penalty: $5 000. Expiation fee: $315. Additionally, under section 53 of the Act, a purpose-built student accommodation provider must not receive payment, other than rent and bond, from a tenant for the residential tenancy or for the renewal or extension of the residential tenancy. (3) For the purposes of subregulation (1)(e), a sales agency agreement must be entered into by the registered agent and must not be entered into by a property manager. (4) In this regulation— charitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that— NRAS approved participant means an approved participant within the meaning of the National Rental Affordability Scheme Regulations 2020 of the Commonwealth; purpose-built student accommodation provider means a private provider of off-campus, fit-for-purpose accommodation with communal areas and facilities that is developed and managed exclusively for students enrolled to study at an educational institution. 26—Vacation of premises and liability to pay rent (section 83A(4) of Act) For the purposes of section 83A(4) of the Act, if a notice of termination is given on a ground that also constitutes a breach of the residential tenancy agreement, that ground is prescribed. 27—Compensation for termination—prescribed circumstances (section 84A of Act) For the purposes of section 84A(1) of the Act— (a) circumstances in which the tenant has breached the residential tenancy agreement; and (b) circumstances specified in section 80A of the Act, are prescribed. 28—Notice of termination—tenants (Part 5 Division 3 of Act) (1) A notice given by an administrator of a tenant's estate or a tenant's next of kin to a landlord under section 79B(3) of the Act must be in the form set out in Form 3 in Schedule 1. (2) A notice given by a tenant to a landlord under section 85 of the Act (including a notice that provides for the termination of the tenancy) must be in the form set out in Form 11 in Schedule 1 (3) A notice given by a tenant to a landlord under section 85AA of the Act must be in the form set out in Form 12 in Schedule 1. (4) A notice given by a tenant to a landlord under section 85A of the Act must be in the form set out in Form 13 in Schedule 1. (5) A notice given by a tenant to a landlord under section 85B or 85C of the Act must be in the form set out in Form 14 in Schedule 1. (6) A notice given by a tenant to a landlord under section 85D of the Act must be in the form set out in Form 15 in Schedule 1. (7) A notice given by a tenant to a landlord under section 86 of the Act must be in the form set out in Form 16 in Schedule 1. (8) A notice given by a tenant to a landlord under section 86A of the Act must be in the form set out in Form 17 in Schedule 1. (9) A notice given by a tenant to a landlord under section 86B of the Act must be in the form set out in Form 18 in Schedule 1. 29—Termination by tenant—prescribed circumstances (section 85C of Act) (1) For the purposes of section 85C(1)(a) of the Act, the following kinds of care are prescribed: (a) aged care; (b) palliative care; (c) special care. (2) For the purposes of section 85C(1)(c) of the Act, accommodation that is provided— (a) on a non‑permanent basis; and (b) on a non‑profit basis; and (c) — (i) for persons who are experiencing homelessness or are at risk of experiencing homelessness; or (ii) for persons who are experiencing domestic abuse; or (iii) by a person or body in receipt of government funding for the purposes of providing accommodation for persons specified in a preceding subparagraph, is prescribed. special care means the care of a person that constitutes any of the following: (a) assisting the person with 1 or more of the following: (i) bathing, showering or personal hygiene; (ii) toileting; (iii) dressing or undressing; (iv) grocery shopping, or preparing or eating meals; (b) physically assisting or supervising the person to undertake daily activities; (c) assisting or supervising the person in dispensing or taking medicine or medication; (d) providing the person with substantial emotional support through a service provided in one of the following: (i) a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; (ii) an authorised community mental health facility within the meaning of the Mental Health Act 2009; (iii) a facility at which disability services (within the meaning of the Disability Services Act 1993) are provided; (iv) a hospital or a health service both within the meaning of the Health Care Act 2008. 30—Termination by tenant on ground of domestic abuse (section 85D of Act) (1) For the purposes of section 85D(1)(a) of the Act, a person who is a domestic associate of a person who normally or regularly resides at the premises is prescribed. (2) For the purposes of section 85D(1)(b) of the Act, circumstances that are, in the opinion of an authorised professional, circumstances of domestic abuse are prescribed. (3) For the purposes of section 85D(2)(a) of the Act, the following kinds of evidence are prescribed: (a) in the case of a notice given under section 85D(1)(a) of the Act—a copy of the intervention order; (b) in the case of a notice given under section 85D(1)(b) of the Act—a report— (i) prepared by an authorised professional in a manner and form approved by the Commissioner; and (ii) setting out the reasons the authorised professional is of the opinion that the circumstances of the tenant or domestic associate of the tenant are circumstances of domestic abuse; and (iii) signed by the authorised professional. (4) In this regulation— authorised professional means— (a) a legal practitioner within the meaning of the Legal Practitioners Act 1981; or (b) a registered health practitioner; or (c) a social worker; or (d) a person employed or engaged by a domestic and family violence support service or a sexual abuse support service. 31—Tribunal orders in relation to circumstances of domestic abuse—prescribed grounds (section 90B of Act) For the purposes of section 90B(1) of the Act, the following grounds are prescribed: (a) the ground of breach of the residential tenancy agreement; (b) a ground set out in a notice of termination given to the tenant under section 83 or 83A of the Act. 32—Form of notice of termination—prescribed grounds and required information (section 91 of Act) (1) For the purposes of section 91(1)(ea) of the Act— (a) the grounds set out in section 81(1)(a) to (e) (inclusive) of the Act; and (b) the grounds set out in regulation 25(1)(a) to (e) (inclusive) for the purposes of section 83A of the Act, are prescribed. (2) For the purposes of section 91(2)(f) of the Act, if a notice of termination is given under section 85C(1)(c) of the Act on the ground prescribed by regulation 29(2) that the person requires temporary crisis accommodation that is provided for persons who are experiencing domestic abuse, or by a person or body in receipt of government funding for the purposes of providing accommodation to such persons, the notice must include the name of the provider of the crisis accommodation. 33—Prohibition on letting premises after notice of termination—prescribed grounds (section 91A of Act) (1) For the purposes of section 91A(1) of the Act, the following grounds set out in a notice of termination given under section 83A of the Act are prescribed: (a) the landlord requires possession of the premises for demolition; (b) the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while a tenant remains in possession of the premises; (c) the landlord requires possession of the premises for— (i) the landlord's own occupation; or (ii) occupation by the landlord's spouse, child or parent; or (iii) occupation by the spouse of the landlord's child or parent; (d) the landlord has entered into a contract for the sale of the premises under which the landlord is required to give vacant possession of the premises; (e) the landlord requires possession of the premises for the purposes of the sale of the premises in circumstances where a sales agency agreement for the sale of the premises has been entered into between the landlord and a registered agent in accordance with subregulation (2). (2) For the purposes of subregulation (1)(e), a sales agency agreement must be entered into by the registered agent and must not be entered into by a property manager. 34—Abandoned property—prescribed period (section 97B of Act) For the purposes of section 97B(4)(b) and (6) of the Act, the period of 7 days is prescribed. 35—Abandoned personal documents—prescribed period (section 97C of Act) For the purposes of section 97C(2)(b) and (3) of the Act, the period of 7 days is prescribed. 36—Designated rooming house proprietors annual return—prescribed date (section 103D of Act) For the purposes of section 103D(1) of the Act, a designated rooming house proprietor must pay the fee and provide the information or document to the Commissioner not later than— (a) the last day of the month in each year nominated in writing to the person by the Commissioner; or (b) if the Commissioner does not nominate a month—the last day of the month in each year that is the same month as the month in which the person's registration under section 103C of the Act was granted. 37—Termination of rooming house agreement—prescribed grounds (section 105U of Act) (1) For the purposes of section 105U(6) of the Act, the following grounds of termination are prescribed: (a) the proprietor requires possession of the rooming house for demolition; (b) the proprietor requires possession of the room or rooming house for repairs or renovations that cannot be carried out conveniently while the resident remains in possession of the room; (c) the proprietor requires possession of the room or rooming house for— (i) the proprietor's own occupation; or (ii) occupation by the proprietor's spouse, child or parent; or (iii) occupation by the spouse of the proprietor's child or parent; (d) the proprietor has entered into a contract for the sale of the rooming house under which the proprietor is required to give vacant possession of the rooming house; (e) the proprietor requires possession of the rooming house for the purposes of the sale of the rooming house in circumstances where a sales agency agreement for the sale of the rooming house has been entered into between the proprietor and a registered agent in accordance with subregulation (2); (f) the resident threatened or intimidated (whether physically or psychologically) the proprietor, the proprietor's agent or a contractor or employee of the proprietor or agent; (g) the resident permitted another person to reside at the rooming house without the consent of the proprietor; (h) the resident induced the proprietor to enter into a rooming house agreement by a statement or representation in respect of the resident's identity or place of occupation that the resident knew to be false, misleading or deceptive, or by knowingly concealing a material fact in respect of the resident's identity or place of occupation; (i) if the proprietor is a charitable organisation and it is a term of the rooming house agreement that the resident meet the eligibility requirements of the organisation to reside at the rooming house—the resident no longer meets the eligibility requirements of the organisation; (j) if the proprietor is an NRAS approved participant and the rooming house is a rental dwelling covered by an allocation under the National Rental Affordability Scheme—the resident is no longer an eligible tenant under the National Rental Affordability Scheme Regulations 2020 of the Commonwealth; (k) if it is a term of the rooming house agreement that the resident is a student of an educational institution or an employee of the proprietor—the resident is no longer a student of the institution or employee of the proprietor (respectively). (2) For the purposes of subregulation (1)(e), a sales agency agreement must be entered into by the registered agent and must not be entered into by a property manager. charitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, provided that— NRAS approved participant means an approved participant within the meaning of the National Rental Affordability Scheme Regulations 2020 of the Commonwealth. 38—Abandoned property—prescribed period (section 105W of Act) For the purposes of section 105W(1)(b)(ii) and (2)(b) of the Act, the period of 7 days is prescribed.