New South Wales Repealed Acts

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This legislation has been repealed.

RESIDENTIAL TENANCIES ACT 1987


- As at 31 January 2011 
- Act 26 of 1987 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Crown bound
   5.      Application of Act
   6.      Agreements and premises to which Act does not apply
   7.      Application of Act to moveable dwellings, residential parks and holiday parks

   PART 2 - RESIDENTIAL TENANCY AGREEMENTS

   8.      Standard form of residential tenancy agreement
   9.      Agreements to be in standard form
   9A.     Extension of terms in standard form to existing social housing tenancy agreements
   10.     Additional terms
   11.     Terms in Act to prevail
   12.     Costs of preparation etc of residential tenancy agreement
   13.     Certain unexecuted residential tenancy agreements enforceable
   14.     Continuation of fixed term agreements
   14A.    Special provisions relating to social housing tenancies
   15.     Parties to minimise loss from breach of residential tenancy agreement
   16.     Applications relating to a breach of residential tenancy agreement

   PART 3 - LANDLORDS AND TENANTS

           Division 1 - Rights and obligations

   17.     Landlord to give tenant copy of residential tenancy agreement
   18.     Payment of rent
   19.     Landlord to pay council and water rates, land tax etc
   19A.    Social housing tenants to pay water charges
   19B.    Payment of debts by social housing tenants
   20.     Legal impediments to occupation as residence
   21.     Vacant possession
   22.     Tenant's right to quiet enjoyment
   23.     Use of premises by tenant
   24.     Landlord's access to residential premises
   25.     Landlord's responsibility for cleanliness and repairs
   26.     Cleanliness, notification of damage to residential premises etc
   27.     Alterations, additions etc to residential premises
   28.     Urgent repairs
   29.     Locks and other security devices
   29A.    Smoke alarms
   30.     Tenant's liability for actions of others
   31.     Certain tenants may appoint agent
   32.     Changes of name or address

           Division 2 - Change of landlord or tenant

   33.     Right to assign rights or sub-let
   34.     Attornment (ie acknowledgement of purchaser as landlord)
   35.     Recognition of certain persons as tenants

           Division 3 - Acceptable behaviour agreements

   35A.    Acceptable behaviour agreements for public housing tenants
           35B, 35C. (Repealed)

   PART 4 - RENTS

           Division 1 - General matters

   36.     Reservation fees
   37.     Nature of amounts to be paid for agreement
   38.     Rent in advance
   39.     Post-dated cheques
   40.     Rent receipts
   41.     Rent records
   42.     Penalty rent terms
   43.     Premium rent terms

           Division 2 - Rent increases and excessive rents

   44.     Application of Division
   45.     Increase of rent
   45A.    Tenant may apply for refund of overpaid rent
   46.     Tenant may apply for an order that a rent increase is excessive
   47.     Tenant may apply for an order that rent is excessive
   47A.    Social housing tenant may apply for an order that rent is excessive
   48.     Matters to be considered in determining rent applications
   49.     Orders as to excessive rent increases or rents
   50.     Payments under separate agreements
   51.     Interim orders suspending rent increases or rent
   52.     Contravention of rent order

   PART 5 - TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS

           Division 1 - Termination generally

   53.     Termination of residential tenancy agreements
   54.     Apportionment and recovery of rent on termination
   55.     Breach or notice of termination not waived by acceptance of rent

           Division 2 - Notices of termination

   56.     Notice of termination on ground that premises are being sold
   57.     Notice of termination on ground of breach of agreement
   57A.    (Renumbered)
   58.     Notice of termination by landlord without any ground
   59.     Notice of termination by tenant without any ground
   60.     Notice of termination of fixed term agreement without any ground
   61.     Notice of termination where agreement frustrated
   62.     Effect of notice of termination of periodic tenancy
   63.     Form of notice of termination

           Division 2A - Special provisions relating to social housing tenancy agreements

   63A.    Operation of Division
   63B.    Notice of termination may be given on ground that tenant not eligible for social housing
   63C.    Eligibility assessments of social housing tenants
   63D.    Review of decision to give notice on ground that tenant not eligible for social housing
   63E.    Time periods to be observed in giving notice of termination on ground that tenant not eligible for social housing
   63F.    Notice of termination may be given on ground that tenant offered alternative social housing premises
   63G.    Review of decision to give notice on ground that tenant offered alternative social housing premises
   63H.    Time periods to be observed in giving notice of termination on ground that tenant offered alternative social housing premises
   63I.    Notice of termination of public housing tenancy agreement--acceptable behaviour agreements

           Division 3 - Termination of residential tenancy agreements by Tribunal

   64.     Application to Tribunal by landlord for termination and order for possession
   65.     Suspension or refusal of orders for termination
   66.     Tribunal may waive defect in notices
   67.     Notice of termination not required in certain cases
   68.     Tribunal may terminate residential tenancy agreement where tenant causes serious damage or injury
   68A.    Tribunal may terminate public housing tenancy agreement for threat, abuse, intimidation or harassment
   69.     Tribunal may terminate residential tenancy agreement where landlord would otherwise suffer undue hardship
   69A.    Tribunal may terminate residential tenancy agreement where tenant would otherwise suffer undue hardship
   70.     Tribunal may terminate residential tenancy agreement for breach

           Division 4 - Recovery of possession of residential premises

   71.     Prohibition on certain recovery proceedings in courts
   71A.    Mortgagee repossessions of rented properties
   72.     Recovery of possession of residential premises prohibited except by order
   73.     Enforcement of orders for possession
   74.     Liability of tenant remaining in possession
   75.     Notice of proposed recovery of premises by person with superior title
   76.     Order for tenancy against person with superior title

           Division 5 - Abandoned premises and goods

   77.     Abandoned premises
   78.     Right of landlord to compensation where tenant abandons premises
   79.     Goods abandoned by tenant after residential tenancy agreement is terminated
   79A.    Goods left by tenant, but not abandoned, after residential tenancy agreement is terminated
   79B.    Time within which application under section 79 or 79A to be made

   PART 6 - POWERS OF TRIBUNAL AND TENANCY COMMISSIONER

           Division 1 - (Repealed)
           None

           Division 2 - Powers of Tribunal

   83.     Jurisdiction and functions of the Tribunal
   84.     (Repealed)
   85.     Orders of the Tribunal

           Division 3 - Powers of Tenancy Commissioner

           86-94. (Repealed)
   95.     Tenancy Commissioner may represent tenant
   96.     Tenancy Commissioner may take or defend proceedings
   97.     Conduct of proceedings by Tenancy Commissioner
   98.     Intervention by Tenancy Commissioner
           99-117. (Repealed)

   PART 7 - ADMINISTRATION

   117A.   Tenancy Commissioner
   117B.   Staff
   118.    Functions of Tenancy Commissioner
   119.    Delegation by Tenancy Commissioner
   119A.   Office and identification of investigator
   119B.   Power of investigator to obtain information, documents and evidence
   119C.   Inspection of documents by Tenancy Commissioner and others
   119D.   Exclusion of personal liability
   119E.   Annual report

   PART 8 - MISCELLANEOUS

   120.    Contracting out prohibited
   120A.   Costs in court proceedings
   121.    Disclosure of information
           122, 123. (Repealed)
   124.    Evidence and proceedings for offences
   125.    Offences and penalties
   126.    Contracts Review Act 1980
   127.    Offences by corporations
   128.    Offences against this Act
   129.    (Repealed)
   130.    Service of documents
   131.    (Repealed)
   132.    Exemptions
   133.    Regulations
   134.    Repeal of Act No 60, 1986
           135, 136. (Repealed)
   137.    Savings, transitional and other provisions
           Schedule 1 (Repealed)
           SCHEDULE 2
           Schedule 3 (Repealed)
           SCHEDULE 4


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