Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RESIDENTIAL TENANCY AMENDMENT BILL
2018
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - RESIDENTIAL TENANCY ACT 1997 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 6 amended (Non-application of Act)
6. Section 11 amended (Expiry)
7. Section 17 amended (Money other than rent)
8. Section 20 amended (Increase in rent)
9. Section 25 amended (Security deposits)
PART 3 - FAMILY VIOLENCE ACT 2004 AMENDED
10. Principal Act
11. Section 17 amended (Issue of replacement residential tenancy
agreement)
PART 4 - MISCELLANEOUS
12. Repeal of Act
[Bill 32]-II
2
RESIDENTIAL TENANCY AMENDMENT BILL
2018
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
18 September 2018
(Brought in by the Minister for Building and Construction, the
Honourable Guy Barnett)
A BILL FOR
An Act to amend the Residential Tenancy Act 1997 and the
Family Violence Act 2004
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Residential
Tenancy Amendment Act 2018.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 32] 3
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 3 Part 2 - Residential Tenancy Act 1997 Amended
PART 2 - RESIDENTIAL TENANCY ACT 1997
AMENDED
3. Principal Act
In this Part, the Residential Tenancy Act 1997*
is referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of domestic partner in
subsection (1):
dwelling-house has the same meaning
as in the Homes Act 1935;
(b) by inserting the following definition after
the definition of early vacation in
subsection (1):
eligible person has the same meaning
as in the Homes Act 1935;
(c) by inserting the following definition after
the definition of holding fee in subsection
(1):
housing support provider has the
same meaning as in the Homes
Act 1935;
_______________________________________________________________
*No. 82 of 1997
4
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 2 - Residential Tenancy Act 1997 Amended s. 4
(d) by inserting the following definition after
the definition of inaccessible light globes
or light tubes in subsection (1):
NDIS participant means a participant
within the meaning of the
National Disability Insurance
Scheme Act 2013 of the
Commonwealth;
(e) by inserting the following definition after
the definition of rent in subsection (1):
rent assistance means the provision by
the Director of Housing under
section 15AB of the Homes Act
1935, or the provision by another
social housing provider or a
housing support provider, of an
amount or amounts -
(a) to an eligible person who,
under a residential
tenancy agreement, is
leasing or sub-leasing a
dwelling-house; or
(b) to a social housing
provider or other person
who is leasing, or sub-
leasing, a dwelling-house
to an eligible person
under a residential
tenancy agreement -
5
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 4 Part 2 - Residential Tenancy Act 1997 Amended
for the purpose of paying all, or
part of, the eligible person's rent
under that agreement;
(f) by inserting the following definition after
the definition of residential tenancy
agreement in subsection (1):
SDA has the same meaning as in -
(a) the National Disability
Insurance Scheme
(Specialist Disability
Accommodation) Rules
2016 of the
Commonwealth, as
amended from time to
time; or
(b) any rules of the
Commonwealth, as
amended from time to
time, which are made in
substitution for those
rules;
(g) by omitting the definitions of social
housing and social housing provider
from subsection (1) and substituting the
following definitions:
social housing means -
(a) residential premises
owned in whole or in part
by the Director of
Housing; or
6
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 2 - Residential Tenancy Act 1997 Amended s. 4
(b) residential premises
declared to be social
housing under
subsection (3); or
(c) residential premises of a
kind declared to be social
housing under
subsection (3); or
(d) residential premises used,
or proposed to be used,
for a purpose declared
under subsection (3);
social housing provider, in relation to
residential premises, means -
(a) the Director of Housing
unless there is, in relation
to those premises, a
person referred to in
paragraph (b), (c) or (d);
or
(b) a registered community
housing provider in
relation to those premises;
or
(c) if those premises are
social housing by reason
of paragraph (b), (c) or (d)
of the definition of social
housing and a person, or a
person of a class of
persons, is declared in the
7
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 4 Part 2 - Residential Tenancy Act 1997 Amended
notice under
subsection (3) to be the
social housing provider in
respect of those premises,
that person or the person
of that class who leases or
sub-leases, or proposes to
lease or sub-lease, those
premises to an eligible
person; or
(d) if those premises are
social housing by reason
of paragraph (b), (c) or (d)
of the definition of social
housing and a person, or a
person of a class of
persons, is not declared in
the notice under
subsection (3) to be the
social housing provider in
respect of those premises,
the person who leases or
sub-leases, or proposes to
lease or sub-lease, those
premises to an eligible
person;
(h) by omitting subsection (3) and
substituting the following subsection:
(3) The Minister from time to time
responsible for social housing, by
notice, may do any one or more
of the following:
8
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 2 - Residential Tenancy Act 1997 Amended s. 5
(a) declare residential
premises specified in the
notice to be social
housing;
(b) declare residential
premises of a kind
specified in the notice to
be social housing;
(c) declare residential
premises used, or
proposed to be used, for a
purpose specified in the
notice to be social
housing;
(d) declare a person, or a
person of a class of
persons, specified in the
notice to be a social
housing provider or the
social housing provider in
relation to premises
referred to in paragraph
(a), (b) or (c).
5. Section 6 amended (Non-application of Act)
Section 6(1) of the Principal Act is amended by
inserting after paragraph (da) the following
paragraph:
(db) any lease to a person of residential
premises which are intended to be sub-
leased to an eligible person; or
9
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 6 Part 2 - Residential Tenancy Act 1997 Amended
6. Section 11 amended (Expiry)
Section 11 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) If -
(a) a notice to vacate in relation to
premises, in respect of which
there is a residential tenancy
agreement for a fixed period, has
been served under section 42 on
the grounds specified in
section 42(1)(d); and
(b) that agreement, but for
subsection (4), would have
expired; and
(c) the notice is withdrawn before it
takes effect -
the residential tenancy agreement expires
on the day on which the notice is
withdrawn and a new residential tenancy
agreement is established on that day.
(6) A residential tenancy agreement
established under subsection (5) -
(a) is for a fixed period of 28 days
commencing on the day on which
the agreement is so established;
and
10
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 2 - Residential Tenancy Act 1997 Amended s. 7
(b) is otherwise subject to the same
terms and conditions of the
residential tenancy agreement
that existed before the notice to
vacate was served.
7. Section 17 amended (Money other than rent)
Section 17 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(1A) Subsection (1) does not apply to a
requirement to provide, or a receipt of,
money or other consideration for the
provision of any service, that is not the
provision of accommodation, to an NDIS
participant at accommodation which is
SDA.
8. Section 20 amended (Increase in rent)
Section 20 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) For the avoidance of doubt, it is stated
that if -
(a) a social housing provider or
housing support provider is
providing rent assistance to, or in
relation to, an eligible person; and
(b) the social housing provider or
housing support provider reduces
11
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 9 Part 2 - Residential Tenancy Act 1997 Amended
the amount or amounts he or she
is paying so as to cause the
eligible person to pay a higher
contribution towards the rent in
respect of which he or she is or
was receiving rest assistance -
the reduction of the amount or amounts
that the social housing provider or
housing support provider is paying does
not constitute an increase in rent.
9. Section 25 amended (Security deposits)
Section 25 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) If a residential tenancy agreement
relates to SDA and the
prospective tenant is an NDIS
participant, a security for the
performance of obligations under
the agreement may relate only to
that part of the residential
premises in respect of which the
prospective tenant has the right of
exclusive occupation.
(b) by omitting from subsection (2)(b)
"agent." and substituting "agent; or";
(c) by inserting the following paragraphs
after paragraph (b) in subsection (2):
12
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 2 - Residential Tenancy Act 1997 Amended s. 9
(c) if the residential premises are
social housing, to the Authority
or the social housing provider; or
(d) if a council is the owner of the
residential premises, to the
Authority or the council.
(d) by inserting the following subsection
after subsection (2):
(2A) If the owner of residential
premises under a residential
tenancy agreement is a social
housing provider or a council and
agrees to it, a security deposit
may be paid in instalments as
agreed between the owner and
prospective tenant.
(e) by omitting subsection (3A) and
substituting the following subsections:
(3A) A social housing provider or
council who receives a security
deposit in full from or on behalf
of a tenant must deposit that
money with the Authority within
10 working days after receiving
it.
(3B) A social housing provider or
council who receives a security
deposit in instalments from or on
behalf of a tenant -
13
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 9 Part 2 - Residential Tenancy Act 1997 Amended
(a) may keep all instalments
received until the final
instalment is paid; and
(b) must deposit all money so
received with the
Authority within 10
working days after
receiving the final
instalment.
(3C) Despite subsection (3B)(a), if the
social housing provider or council
makes a claim, or is notified that
a claim has been made, to the
Authority for the disbursement of
the security deposit, the social
housing provider or council is to
deposit with the Authority, as
soon as reasonably practicable,
all money paid to the social
housing provider or council in
instalments towards payment of
the security deposit.
(3D) A person who pays or deposits a
security deposit, or deposits an
instalment towards a security
deposit, with the Authority is to
include with the payment or
deposit the form specified in
section 27(a).
14
Residential Tenancy Amendment Act 2018
Act No. of 2018
Part 3 - Family Violence Act 2004 Amended s. 10
PART 3 - FAMILY VIOLENCE ACT 2004 AMENDED
10. Principal Act
In this Part, the Family Violence Act 2004* is
referred to as the Principal Act.
11. Section 17 amended (Issue of replacement
residential tenancy agreement)
Section 17(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "and" and
substituting "or";
(b) by omitting from paragraph (b)
"establish" and substituting "terminate
the original agreement and establish".
_______________________________________________________________
*No. 67 of 2004
15
Residential Tenancy Amendment Act 2018
Act No. of 2018
s. 12 Part 4 - Miscellaneous
PART 4 - MISCELLANEOUS
12. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
16 Government Printer, Tasmania