This legislation has been repealed.
- 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 (Repealed) PART 4 - RENTS Division 1 - General matters 36.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