Residential Tenancies Act 2010 No 42

Part 1: Preliminary

Division 1: General

1. Name of Act

• This Act is the Residential Tenancies Act 2010.

2. Commencement

• This Act commences on a day or days to be appointed by proclamation.

3. Definitions

1. In This Act—
   • Acceptable Behaviour Agreement—see section 138.
   • Apprehended Violence Order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 and includes a provisional, interim, and final apprehended violence order.
   • Approved Form means the form approved from time to time by the Secretary.
   • Board means the Rental Bond Board constituted under this Act.
   • Break Fee—see section 107.
   • Business Day means a day that is not:
     • (a) a Saturday or Sunday, or
     • (b) a public holiday or bank holiday throughout the State.
   • Co-Tenant means a tenant who is one of two or more tenants under a residential tenancy agreement.
   • Department means the Department of Customer Service.
   • Domestic Violence Offence has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007.
   • Exercise a Function includes perform a duty.
   • Fixed Term Agreement means a residential tenancy agreement for a tenancy for a fixed term.
   • Function includes a power, authority, or duty.
   • Give includes cause to give.
   • Holding Fee means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement.
   • Investigator means an investigator appointed under section 18 of the Fair Trading Act 1987.
   • Landlord means:
     • (a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or
     • (b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, or
     • (c) a tenant who has granted the right to occupy residential premises to a sub-tenant, and includes a prospective landlord.
   • Landlord’s Agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for:
     • (a) the letting of residential premises, or
     • (b) the collection of rents payable for any tenancy of residential premises.
   • Note—A person who acts as such an agent is required to be licensed under the Property and Stock Agents Act 2002.
   • Periodic Agreement means a residential tenancy agreement that is not a fixed term agreement.
   • Premises includes a moveable dwelling within the meaning of the Local Government Act 1993.
   • Public Holiday means a day appointed under the Public Holidays Act 2010 or another Act as a public holiday.
   • Rent means an amount payable by a tenant under a residential tenancy agreement for the right to occupy premises for a period of the agreement.
   • Rental Bond—see section 157.
   • Residential Premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a residence.
   • Note—Land on which there is no residence cannot be subject to a tenancy or other provisions under this Act.
   • Residential Tenancy Agreement—see section 13.
   • Residential Tenancy Database—see section 209.
   • Secretary means:
     • (a) the Commissioner for Fair Trading, Department of Customer Service, or
     • (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department.
   • Separately Metered means that there is, in respect of residential premises, a meter:
     • (a) that satisfies an Australian Standard prescribed by the regulations (if any) dealing with electrical, gas, oil or water metering equipment, and
     • (b) that has been installed in accordance with the manufacturer’s instructions for installation or industry practice, and
     • (c) that measures the quantity of electricity, gas, oil or water that is supplied to, or used at, only those residential premises, and
     • (d) that enables a separate bill to be issued by the supplier for all charges for the supply and use of the electricity, gas, oil or water at those residential premises, and
     • (e) if the meter is to measure the supply of electricity—in respect of which an NMI, within the meaning of the National Energy Retail Law (NSW), has been assigned, and
     • (f) if the meter is to measure the supply of gas—in respect of which an MIRN or a delivery point identifier, within the meaning of the National Energy Retail Law (NSW), has been assigned.
   • Sign includes execution by a corporation in any manner permitted by law.
   • Social Housing Premises—see section 136.
   • Social Housing Provider—see section 136.
   • Social Housing Tenancy Agreement—see section 136.
   • Tenancy means the right to occupy residential premises under a residential tenancy agreement.
   • Tenant means:
     • (a) the person who has the right to occupy residential premises under a residential tenancy agreement, or
     • (b) the person to whom such a right passes by transfer or operation of the law, or
     • (c) a sub-tenant of a tenant, and includes a prospective tenant.
   • Termination Notice—see section 80.
   • Termination Order—see section 80.
   • Tribunal means the Civil and Administrative Tribunal.
   • Water Usage Charge for Residential Premises means that part of a water charge that is based on the volume of water supplied to the premises.
   • Note—The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
2. Notes Included in This Act Do Not Form Part of This Act.

4. Act to Bind Crown

• This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.

5. (Repealed)

Division 2: Application of Act

6. Act Applies to Existing and Future Residential Tenancy Agreements

• This Act applies to residential tenancy agreements in respect of residential premises whether made before or after the commencement of this section.

7. Premises to Which Act Does Not Apply

• This Act does not apply in respect of the following premises:
  • (a) premises to which the Landlord and Tenant (Amendment) Act 1948 applies,
  • (b) premises used to provide residential care or respite care within the meaning of the Aged Care Act 1997 of the Commonwealth,
  • (c) serviced apartments, that is, buildings or parts of buildings used to provide self-contained tourist and visitor accommodation that are regularly cleaned by or on behalf of the owner or manager,
  • (d) premises used as a hotel or motel,
  • (e) premises used as a backpackers’ hostel,
  • (f) a hospital or nursing home,
  • (g) any part of a club used for the provision of temporary accommodation,
  • (h) premises used for residential purposes, if the predominant use of the premises is for the purposes of a trade, profession, business or agriculture.

8. Agreements to Which Act Does Not Apply

1. This Act Does Not Apply to the Following Agreements—
   • (a) occupation agreements to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,
   • (b) residence contracts within the meaning of the Retirement Villages Act 1999,
   • (ba) site agreements within the meaning of the Residential (Land Lease) Communities Act 2013,
   • (bb) short-term rental accommodation arrangements, within the meaning of section 54A of the Fair Trading Act 1987, under which the person given the right to occupy the residential premises to which the arrangement relates does not occupy the premises as the person’s principal place of residence,
   • (c) an agreement under which a person boards or lodges with another person,
   • (d) an agreement under which a person resides in refuge or crisis accommodation of a kind prescribed by the regulations,
   • (e) leases and licences under the Crown Land Management Act 2016,
   • (f) an agreement for the sale of land that confers a right to occupy residential premises on a party to the agreement,
   • (g) an agreement that arises under a term of a mortgage and confers a right to occupy residential premises on a party to the mortgage,
   • (h) (Repealed),
   • (i) an agreement that arises under a company title scheme under which a group of adjoining or adjacent premises is owned or leased by a corporation each of whose shareholders has, by virtue of his or her shares, an exclusive right to occupy one or more of the residential premises,
   • (j) an agreement having a term, together with the term of any further agreement that may be granted under an option in respect of it, that is equal to or exceeds 99 years.
2. (Repealed)

8A. Application of Act to Premises

• This Act applies to any agreement to rent premises anywhere, including in a caravan park regulated under the Local Government Act 1993 or a community within the meaning of the Residential (Land Lease) Communities Act 2013.

9. Employee and Caretaker Arrangements

1. An Agreement or Arrangement Under Which a Person Is Given the Right to Occupy Premises for the Purpose of a Residence in Return for, or as Part of Remuneration for, Carrying Out Work in Connection with the Premises or the Person’s Employment Is Taken to Be a Residential Tenancy Agreement.
2. This Section Applies Even If the Premises Are Part of Premises Referred to in Section 7 or Other Premises Exempted from This Act by the Regulations.
3. However, This Section Does Not Apply to a Person Employed as a Manager or Another Full-Time Employee in a Community Within the Meaning of the Residential (Land Lease) Communities Act 2013.

10. Application of Act to Occupants in Shared Households

• A person who occupies residential premises that are subject to a written residential tenancy agreement, is not named as a tenant in the agreement and who occupies the premises together with a named tenant is a tenant for the purposes of this Act only if:
  • (a) a tenant under that agreement transfers the tenancy to the person or the person is recognised as a tenant (see Part 4), or
  • (b) the person is a sub-tenant of a tenant under a written residential tenancy agreement with that tenant.
  • Note—Boarders and lodgers are not covered by this Act (see section 8(1)(c)).
  • An Occupier May Be Recognised as a Tenant (see sections 77 and 79).

11. Declaration by Tribunal

• The Tribunal may, on application by the Secretary or another person, make an order declaring that a specified agreement is, or is not, a residential tenancy agreement to which this Act applies or that specified premises are, or are not, premises to which this Act applies.
• Note—Under section 195, the Secretary may intervene in proceedings before the Tribunal that are brought by another person.

12. Exemptions from Operation of Act

1. The Regulations May Exempt from the Operation of This Act or the Regulations or Any Specified Provision of This Act or the Regulations Any Specified Person, Agreement or Premises or Any Specified Class of Persons, Agreements or Premises.
2. An Exemption May Be Unconditional or Subject to Conditions.

Part 2: Residential Tenancy Agreements

Division 1: General Provisions Relating to Agreements

13. Agreements that are Residential Tenancy Agreements

1. A residential tenancy agreement is an agreement under which a person grants to another person for value a right of occupation of residential premises for the purpose of use as a residence.
2. A residential tenancy agreement may be express or implied, and may be oral or in writing, or partly oral and partly in writing.
3. An agreement may be a residential tenancy agreement for the purposes of this Act even though:
   • (a) it does not grant a right of exclusive occupation, or
   • (b) it grants the right to occupy residential premises together with the letting of goods or the provision of services or facilities.
   • Note—See section 8 for agreements that are not covered by this Act. Section 7 sets out premises not covered by this Act.
4. For the purpose of determining whether an agreement is a residential tenancy agreement, it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person.

14. Landlord’s Obligation to Ensure Written Residential Tenancy Agreement

1. The landlord must ensure that the agreement is in writing at the commencement of the agreement.
2. This section does not:
   • (a) impose any obligation on a tenant to prepare a written residential tenancy agreement, or
   • (b) affect the enforceability of a residential tenancy agreement that is not in writing or is only partly in writing.
3. If a landlord fails to comply with this section:
   • (a) the rent under the residential tenancy agreement must not be increased during the first 6 months of the tenancy, and
   • (b) the landlord is not entitled to terminate the residential tenancy agreement under section 85 during the first 6 months of the tenancy.
   • Note—The Tribunal may order a landlord to enter into a written residential tenancy agreement (see section 16).

15. Standard Residential Tenancy Agreements

1. Standard form may be prescribed: The regulations may prescribe a standard form of residential tenancy agreement.
2. The regulations may provide for the following:
   • (a) the terms of the agreement,
   • (b) more than one standard form of residential tenancy agreement for use for different classes of residential premises, agreements or parties,
   • (c) the addition of clauses to, or the omission or variation of terms contained in, a standard form of residential tenancy agreement in specified circumstances,
   • (d) the application of terms of standard forms of residential tenancy agreements to agreements entered into before the regulations prescribing those standard forms took effect.
3. Terms to be consistent with Act: A standard form of residential tenancy agreement must be consistent with this Act and the regulations.
4. Variation of standard form: A residential tenancy agreement for which a standard form is prescribed may include additional terms, but only if:
   • (a) the terms do not contravene this Act or the regulations or any other Act, and
   • (b) the terms are not inconsistent with the terms set out in the standard form.
5. Residential tenancy agreement taken to include standard terms: A residential tenancy agreement of a kind for which a standard form is prescribed is taken to include the terms of the standard form.
6. This section is subject to this Act.
   • Note—Section 20 allows terms otherwise included by this Act to be excluded or modified in residential tenancy agreements having a fixed term of 20 years or more.

16. Written Residential Tenancy Agreements—Tribunal Orders

1. The Tribunal may, on application by a tenant, order the landlord to prepare and enter into a written residential tenancy agreement.
2. The order may:
   • (a) specify the terms of the agreement, and
   • (b) specify a commencement date for the agreement that occurred before the order was made.
3. The Tribunal may make an order only if it is satisfied that the landlord and tenant are subject to an existing residential tenancy agreement that is not in writing or is only partly in writing and that the tenant is not holding over under a previous written fixed term agreement.

17. Certain Unexecuted Residential Tenancy Agreements Enforceable

1. If a residential tenancy agreement has been signed by a tenant and given to the landlord or a person on the landlord’s behalf and has not been signed by the landlord:
   • (a) acceptance of rent by or on behalf of the landlord without reservation, or
   • (b) any other act of part performance of the agreement by or on behalf of the landlord, gives to the document the same effect it would have if it had been signed by the landlord on the first day in respect of which rent was accepted or on the day on which such an act was first performed.
2. This section applies despite section 54A of the Conveyancing Act 1919.

18. Fixed Term Agreements to Continue as Periodic Agreements After End of Fixed Term

A fixed term agreement that continues after the day on which the fixed term ends continues to apply:

• (a) as if the term of the agreement were replaced by a periodic agreement, and
• (b) on the same terms as immediately before the end of the fixed term.
• Note—A landlord and tenant may also enter a further agreement for a further fixed term tenancy.

Division 2: Terms of Residential Tenancy Agreements

19. Prohibited Terms

1. A residential tenancy agreement must not contain a term of a kind set out in this section or prescribed by the regulations for the purposes of this section.
2. Terms having the following effects must not be included in a residential tenancy agreement:
   • (a) that the tenant must have the carpet professionally cleaned, or pay the cost of such cleaning, at the end of the tenancy,
   • (b) that the tenant must take out a specified, or any, form of insurance,
   • (c) exempting the landlord from liability for any act or omission by the landlord, the landlord’s agent or any person acting on behalf of the landlord or landlord’s agent,
   • (d) that, if the tenant breaches the agreement, the tenant is liable to pay all or any part of the remaining rent under the agreement, increased rent, a penalty or liquidated damages,
   • (e) that, if the tenant does not breach the agreement, the rent is or may be reduced or the tenant is to be or may be paid a rebate of rent or other benefit.
   • Note—Section 15 also prohibits certain additional terms from being included in a residential tenancy agreement for which a standard form is prescribed.
3. However, a residential tenancy agreement may include a term that requires the carpet to be professionally cleaned or requires the tenant to pay the cost of such cleaning, at the end of the tenancy, if the landlord permits the tenant to keep an animal on the residential premises.

20. Mandatory Terms May be Varied for Long Term Leases

1. A fixed term agreement for a fixed term of 20 years or more may:
   • (a) provide that terms that would otherwise be included in the agreement by this Act or the regulations (mandatory terms) do not apply, or are varied as provided by the agreement, and
   • (b) include terms that would otherwise be prohibited by this Act or the regulations.
2. However, any such agreement must not exclude or modify any of the following:
   • (a) any term included by this Act relating to the payment of rates, taxes and charges by the landlord,
   • (b) the prohibition against more than one rent increase a year under a fixed term agreement for a fixed term of more than 2 years,
   • (c) any right under this Act to make an application to the Tribunal,
   • (d) the grounds on which a residential tenancy agreement may be terminated under this Act,
   • (e) any other term prescribed by the regulations for the purposes of this section.
3. The Tribunal may, on application by a tenant under a fixed term agreement for a fixed term of 20 years or more, make an order declaring that:
   • (a) a mandatory term does form part of the agreement, or
   • (b) a prohibited term is not included in an agreement, or
   • (c) a mandatory or prohibited term included in the agreement is varied as specified by the declaration.
4. The Tribunal may make an order if it is of the opinion that the inclusion or variation of a term, or failure to include a term, is unconscionable, unjust, harsh or oppressive.
5. This section has effect despite any other provision of this Act.

21. Inconsistent and Prohibited Terms Void

1. A term of a residential tenancy agreement is void to the extent to which it:
   • (a) is inconsistent with any term included in the agreement by this Act or the regulations, or
   • (b) is prohibited by this Act or the regulations.
2. The Tribunal may, on application by a landlord or a tenant, make an order declaring that a term of a residential tenancy agreement is void or partly void if satisfied that the term is inconsistent with any term included in the agreement by this Act or the regulations or is prohibited by this Act or the regulations.

22. Offence Relating to Terms of Residential Tenancy Agreements

A landlord, or landlord’s agent, must ensure that a written residential tenancy agreement:

• (a) is in the standard form (if any) prescribed by the regulations for the agreement and contains any other terms required to be included by this Act or the regulations, and
• (b) does not contain any terms prohibited by this Act or the regulations. Maximum penalty—20 penalty units.

Part 3: Rights and Obligations of Landlords and Tenants

Division 1: Pre-agreement Matters

22A. Prohibition on Certain Matters Relating to Advertising or Soliciting Amounts of Rent

1. A landlord or landlord’s agent must not advertise or otherwise offer residential premises for rent unless a fixed amount of rent for the premises is stated in the advertisement or offer.
   • Maximum penalty:
     • (a) for an individual—50 penalty units,
     • (b) otherwise—100 penalty units.
2. A person does not contravene subsection (1) merely by placing a sign on or near the residential premises for rent without stating the amount of rent for the premises on the sign.
3. A person must not solicit or otherwise invite an offer of an amount of rent for residential premises, whether directly or indirectly, that is higher than the advertised amount of rent for the premises.
   • Maximum penalty:
     • (a) for an individual—50 penalty units,
     • (b) otherwise—100 penalty units.
4. The regulations may provide for matters relating to the provision of information by a person, at the times and in the way and form approved by the Secretary, for the purposes of monitoring the operation of this section.

23. Limit on Amounts Payable by Tenant Before Agreement

1. A person must not require or receive from a tenant, before or when the tenant enters into the residential tenancy agreement, a payment other than the following:
   • (a) a holding fee,
   • (b) rent,
   • (c) a rental bond,
   • (d) an amount for the fee (if any) payable for registration of a residential tenancy agreement under the Real Property Act 1900.
2. Without limiting this section, a person must not require or receive from a tenant an amount for the costs of preparation of a written residential tenancy agreement.
   • Maximum penalty—20 penalty units.

24. Holding Fees

1. A person must not require or receive from a tenant a holding fee unless:
   • (a) the tenant’s application for tenancy of the residential premises has been approved by the landlord, and
   • (b) the fee does not exceed 1 week’s rent of the residential premises (based on the rent under the proposed residential tenancy agreement).
   • Note—A tenant is defined in this Act as including a prospective tenant.
2. A person who receives a holding fee must give the tenant a written receipt setting out the following:
   • (a) the amount paid and the date on which it was paid,
   • (b) the address of the residential premises,
   • (c) the names of the landlord and the tenant.
3. If a tenant has paid a holding fee, the landlord must not enter into a residential tenancy agreement for the residential premises with any other person within 7 days of payment of the fee (or within such further period as may be agreed with the tenant) unless the tenant notifies the landlord that the tenant no longer wishes to enter into the residential tenancy agreement.
4. A holding fee may be retained by the landlord only if the tenant enters into the residential tenancy agreement or refuses to enter into the residential tenancy agreement.
5. Despite subsection (4), a holding fee must not be retained by the landlord if the tenant refuses to enter into the residential tenancy agreement because of a misrepresentation or failure to disclose a material fact by the landlord or landlord’s agent.
6. If a residential tenancy agreement is entered into after payment of a holding fee, the fee must be paid towards rent.
   • Maximum penalty—20 penalty units.

25. Disputes about Holding Fees

1. The Tribunal may, on application by a person who has paid, or required or received payment of, a holding fee, make an order in relation to the payment or repayment of the fee.
2. A person may make an application under this section whether or not the prospective residential tenancy agreement was executed.

26. Disclosure of Information to Tenants Generally

1. False representations: A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation, or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the regulations.
2. Disclosure of sale, mortgagee actions: A landlord or landlord’s agent must disclose the following to the tenant before the tenant enters into the residential tenancy agreement:
   • (a) any proposal to sell the residential premises if the landlord has prepared a contract for sale of the residential premises,
   • (b) that a mortgagee is taking action for possession of the residential premises if the mortgagee has commenced proceedings in a court to enforce a mortgage over the premises.
3. Disclosure or provision of strata scheme information: If the residential tenancy agreement relates to residential premises that comprise or include a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 2015)—a landlord or landlord’s agent must, before the tenant enters into the residential tenancy agreement:
   • (a) give the tenant a copy of the by-laws for the strata scheme, and
   • (b) if a strata renewal committee is currently established in relation to the strata scheme under the Strata Schemes Development Act 2015, disclose that fact to the tenant.
4. Subsections (2) and (2A)(b) do not apply to a landlord’s agent unless the agent is aware of the matters required to be disclosed.
5. Information statement to be given: A landlord or landlord’s agent must give a tenant an information statement in the approved form before the tenant enters into the residential tenancy agreement.
   • Maximum penalty—20 penalty units.

27. Names and Addresses to be Provided

1. A landlord must give the tenant written notice of the following matters before or when the tenant enters into the residential tenancy agreement or include the following matters in the agreement:
   • (a) the name and telephone number or other contact details of the landlord,
   • (a1) if the landlord does not ordinarily reside in New South Wales, the State, Territory, or, if not in Australia, country in which the landlord ordinarily resides,
   • (a2) if there is a landlord’s agent, the name, telephone number, and business address of the landlord’s agent,
   • (b) if there is no landlord’s agent, the business address, or residential address, and telephone number, of the landlord,
   • (c) if the landlord is a corporation, the name and the business address of the corporation.
2. A landlord must notify the tenant in writing within 14 days of any change during the residential tenancy agreement in the information provided under this section.
3. This section is a term of every residential tenancy agreement.

28. Tenant Entitled to Copy of Residential Tenancy Agreement

1. The landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement before or when the tenant gives the signed copy of the agreement to the landlord or landlord’s agent.
2. If that copy is not signed by the landlord, the landlord or landlord’s agent must give the tenant a copy of the residential tenancy agreement signed by both the landlord and tenant as soon as practicable after it is so signed.
   • Maximum penalty—20 penalty units.

29. Condition Reports

1. A condition report relating to the condition of residential premises on a day specified in the report must be completed by or on behalf of a landlord before or when the residential tenancy agreement is given to the tenant for signing.
2. The landlord or landlord’s agent must, before or at the time the tenant signs the residential tenancy agreement, give to the tenant 2 copies, or one electronic copy, of the completed condition report.
   • Maximum penalty—20 penalty units.
3. The tenant must complete and give one copy of the condition report to the landlord or landlord’s agent not later than 7 days after taking possession of the residential premises and both the landlord and the tenant must retain a copy of the report.
4. Subsection (3) does not apply to the tenant if the landlord or landlord’s agent has failed to give to the tenant copies of the condition report in accordance with this section.
5. At, or as soon as reasonably practicable after, the termination of a residential tenancy agreement, the landlord or landlord’s agent and the tenant must complete the copy of the condition report retained by the landlord or the tenant under this section, in the presence of the other party.
6. It is not a breach of subsection (4) for the condition report to be completed in the absence of the other party if the party completing the report has given the other party a reasonable opportunity to be present when it is completed.
7. A condition report is to be in the form prescribed by the regulations and may be included in a prescribed standard form of residential tenancy agreement.

30. Condition Report Evidence of Condition of Premises

1. A condition report that is signed by both the landlord and the tenant is presumed to be a correct statement, in the absence of evidence to the contrary, of the state of repair or general condition of the residential premises on the day specified in the report.
2. This section does not apply—
   • (a) to any matter that could not have reasonably been discovered on a reasonable inspection of the premises, or
   • (b) to any statement in the report about which the tenant makes a written dissenting comment on the copy of the report completed by the tenant and retained by the landlord.

31. Remedies for Disputes about Condition Reports

The Tribunal may, on application by a landlord or tenant, make the following orders—

• (a) an order that a condition report must be amended,
• (b) an order that a condition report is not required to be amended.

31A. Landlord’s Information Statement

1. A landlord must not enter into a residential tenancy agreement unless the landlord or the landlord’s agent has signed an acknowledgment on the residential tenancy agreement that the landlord has read and understood the contents of an information statement in the approved form that sets out the landlord’s rights and obligations under this Act and any other Act or law in relation to the proposed residential tenancy (a rights and obligations information statement).
   • Maximum penalty—20 penalty units.
2. A landlord’s agent must not sign an acknowledgment on the residential tenancy agreement unless the landlord’s agent has first obtained from the landlord a statement in writing that the landlord has read and understood the contents of the rights and obligations information statement.
   • Maximum penalty—20 penalty units.

Division 2: Rent and Other Payments

32. Kinds of Payments that Tenant May Be Required to Pay for Residential Tenancy Agreement

A person must not require or receive from a tenant any payment for or in relation to renewing, extending or continuing a residential tenancy agreement, other than the following:

• (a) rent,
• (b) a rental bond,
• (c) any other amounts or fees prescribed by the regulations.
• Maximum penalty—20 penalty units.

33. Payment of Rent by Tenant

1. A tenant must pay the rent under a residential tenancy agreement on or before the day set out in the agreement.
2. A landlord, or landlord’s agent, must not require a tenant to pay more than 2 weeks rent in advance under a residential tenancy agreement or to pay rent for a period of the tenancy before the end of the previous period for which rent has been paid.
   • Note—A tenant may pay more than 2 weeks rent if the tenant wishes to do so.
   • Maximum penalty—10 penalty units.
3. A landlord, or landlord’s agent, must not knowingly appropriate rent paid by the tenant for the purpose of any amount payable by the tenant other than rent.
   • Maximum penalty—10 penalty units.
4. This section is a term of every residential tenancy agreement.

34. Acceptance of Rent by Landlord

1. A landlord must accept payment of unpaid rent by a tenant if:
   • (a) the landlord has given a termination notice on the ground of failure to pay rent under the residential tenancy agreement, and
   • (b) the tenant has not vacated the residential premises.
   • Maximum penalty—10 penalty units.
   • Note—A residential tenancy agreement may generally not be terminated by the Tribunal, or possession of residential premises be recovered, on the ground of failure to pay rent if the tenant repays the rent or complies with an agreement to do so (see section 89).
2. This section is a term of every residential tenancy agreement.

35. Manner of Payment of Rent

1. A landlord, landlord’s agent or other person must not require a tenant to pay rent by a cheque or other negotiable instrument that is post-dated.
   • Maximum penalty—10 penalty units.
2. A landlord or landlord’s agent must permit a tenant to pay the rent by at least one means for which the tenant does not incur a cost (other than bank fees or other account fees usually payable for the tenant’s transactions) and that is reasonably available to the tenant.
   • Maximum penalty—10 penalty units.
3. A landlord and the tenant may, by agreement, change the manner in which rent is payable under the residential tenancy agreement.
4. This section is a term of every residential tenancy agreement.

36. Rent Receipts

1. If rent under a residential tenancy agreement is paid in person (other than by cheque), the person who receives the payment must, when the payment is made, give the person making the payment a rent receipt.
2. If rent under a residential tenancy agreement is paid by cheque, the person who receives the payment must make the receipt available for collection by the tenant or give the receipt to the tenant.
3. A rent receipt is a receipt that contains the following matters:
   • (a) the name of the person who receives the rent or on whose behalf the rent is received,
   • (b) the name of the person paying the rent or on whose behalf the rent is paid,
   • (c) the address of the residential premises for which the rent is paid,
   • (d) the period for which the rent is paid and the date up to which the rent is paid,
   • (e) the date on which the rent is paid,
   • (f) the amount of rent paid.
4. This section does not apply to the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
   • Maximum penalty—10 penalty units.

37. Rent Records

1. A landlord or landlord’s agent must keep a record of rent received under a residential tenancy agreement (a rent record).
2. A rent record may be kept in any form, and must contain any particulars, prescribed by the regulations for the purposes of this section.
3. A landlord or landlord’s agent must, within 7 days of a written request by the tenant, provide a written statement setting out the particulars of the rent record for a specified period.
4. This section does not require a landlord or landlord’s agent to provide a written statement for a period to a person if the landlord or agent has previously provided a written statement for the same period to the person.
5. Subsections (3) and (4) are terms of every residential tenancy agreement.

38. Utility Charges Payable by Tenant

1. A tenant must pay the following charges for the residential premises:
   • (a) all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises if the premises are separately metered,
   • (b) all charges for the supply of bottled gas to the tenant at the residential premises,
   • (c) all charges for pumping out a septic system used for the residential premises,
   • (d) any excess garbage charges relating to the tenant’s use of the residential premises,
   • (e) any other charges prescribed by the regulations.
2. The regulations may exempt a tenant, or class of tenants, in specified circumstances, from the requirement to pay a charge under this section.
3. This section is a term of every residential tenancy agreement.

39. Water Usage Charges Payable by Tenant

1. A tenant must pay the water usage charges for the residential premises, but only if:
   • (a) the premises are separately metered or the premises are not connected to a water supply service and water is delivered to the premises by vehicle, and
   • (b) the premises contain water efficiency measures prescribed by the regulations for the purposes of this section, and
   • (c) the charges do not exceed the amount payable by the landlord for water used by the tenant.
2. A tenant is not required to pay the water usage charges unless the landlord gives the tenant a copy of the part of the water supply authority’s bill setting out the charges, or other evidence of the cost of water used by the tenant.
3. A landlord must give the tenant not less than 21 days to pay the water usage charges.
4. A tenant is not required to pay the water usage charges if the landlord fails to request payment from the tenant within 3 months of the issue of the bill for those charges by the water supply authority.
5. Subsection (4) does not prevent a landlord from taking action to recover an amount of water usage charges later than 3 months after the issue of a bill for those charges, if the landlord first sought payment of the amount within 3 months after the issue of the bill.
6. A landlord must ensure that the tenant receives the benefit of, or an amount equivalent to, any rebate received by the landlord in respect of any water usage charges payable or paid by the tenant.
   • Note—Tenants under social housing tenancy agreements may be subject to different provisions in relation to the payment of charges for water usage (see Division 3 of Part 7).
7. This section is a term of every residential tenancy agreement.

40. Payment of Rates, Taxes, and Certain Utility Charges by Landlord

1. A landlord must pay the following charges for the residential premises:
   • (a) rates, taxes or charges payable under any Act (other than charges payable by the tenant under this Division),
   • (b) the installation costs and charges for initial connection to the residential premises of an electricity, water, gas, bottled gas or oil supply service,
   • (c) all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises that are not separately metered,
   • (d) the costs and charges for the supply or hire of gas bottles for the supply of bottled gas at the commencement of the tenancy,
   • (e) all charges (other than water usage charges) in connection with a water supply service to separately metered residential premises,
   • (f) all charges in connection with a water supply service to residential premises that are not separately metered,
   • (g) all charges for the supply of sewerage services (other than for pump-out septic services) or the supply or use of drainage services to the residential premises,
   • (h) any other charges prescribed by the regulations.
2. The regulations may exempt a landlord, or class of landlords, in specified circumstances, from the requirement to pay a charge under this section.
3. This section is a term of every residential tenancy agreement.

41. Rent Increases

1. The rent payable under a residential tenancy agreement may be increased only if:
   • (a) the tenant is given a written notice by the landlord or the landlord’s agent specifying the increased rent and the day from which it is payable, and
   • (b) the notice is given at least 60 days before the increased rent is payable.
2. Subsection (1) does not apply to a fixed term agreement for a fixed term of less than 2 years that specifies the date on which, and the amount by which, the rent payable under that agreement will be increased. This subsection does not affect the operation of subsection (2) in relation to the renewal of a fixed term agreement.
3. The rent payable under a periodic agreement may not be increased more than once in any period of 12 months.
4. This section extends to an increase in the rent payable under a residential tenancy agreement on renewal of the agreement as if the increase were an increase during the term of the agreement.
   • Note—Notice of a rent increase on renewal is required under subsection (1) before the lease is renewed.
5. A rent increase is not payable by a tenant unless the rent is increased in accordance with this section or the rent is increased by the Tribunal.
6. The residential tenancy agreement is varied to specify the increased rent from the date the rent is increased in accordance with this section.
7. Notice of a rent increase must be given by a landlord or landlord’s agent in accordance with this section even if details of the rent increase are set out in the residential tenancy agreement.
8. Notice of a rent increase may be cancelled or varied (so as to reduce the increase) by a subsequent written notice given to the tenant by or on behalf of the landlord. Any such later notice takes effect from the date on which the earlier notice was to take effect.
9. Notice of a rent increase is not required to be given by a landlord or landlord’s agent if the increase arises because of the end of, or a reduction in, a rent reduction.
10. Subsections (1)–(7) are terms of every residential tenancy agreement.
11. A landlord or landlord’s agent must not contravene this section.
    • Maximum penalty—20 penalty units.
12. The Tribunal must not make an order that a rent increase is not payable because this section has not been complied with unless the application for the order is made not later than 12 months after the rent is increased. If an application has not been made within that 12-month period, the rent increase is taken to comply with this section.

42. Rent Increases Under Fixed Term Agreements

1. The rent payable under a fixed term agreement for a fixed term of less than 2 years must not be increased during the fixed term unless the agreement specifies the increased rent or the method of calculating the increase.
2. The rent payable under a fixed term agreement for a fixed term of 2 years or more:
   • (a) must not be increased more than once in any period of 12 months, and
   • (b) may be increased whether or not the agreement specifies the increased rent or the method of calculating the increase.
3. A landlord or landlord’s agent must not increase the rent payable under a fixed term agreement in contravention of this section.
   • Maximum penalty—20 penalty units.

43. Rent Reductions

1. Reduction in goods, services or facilities: The tenant may make a written request to the landlord at any time for a reduction in rent if the landlord reduces or withdraws any goods, services or facilities provided with the residential premises, even if those goods, services or facilities are provided under a separate or a previous contract, agreement or arrangement.
2. Premises unusable: The rent payable under a residential tenancy agreement abates if residential premises under a residential tenancy agreement are:
   • (a) otherwise than as a result of a breach of an agreement, destroyed or become wholly or partly uninhabitable, or
   • (b) cease to be lawfully usable as a residence, or
   • (c) appropriated or acquired by any authority by compulsory process.
3. Access to purchasers: The landlord and tenant may agree to reduce the rent payable for premises during periods when access to the residential premises is required to be given to prospective purchasers of the premises.
4. Effect of section: This section does not limit the rights of landlords and tenants to agree to reduce the rent payable under a residential tenancy agreement.
5. This section is a term of every residential tenancy agreement.

44. Tenant’s Remedies for Excessive Rent

1. Excessive rent orders: The Tribunal may, on the application of a tenant, make any of the following orders:
   • (a) an order that a rent increase under an existing or proposed residential tenancy agreement is excessive and that, from a specified day, the rent for residential premises must not exceed a specified amount,
   • (b) an order that rent payable under an existing or proposed residential tenancy agreement is excessive, having regard to the reduction or withdrawal by the landlord of any goods, services or facilities provided with the residential premises and that, from a specified day, the rent for residential premises must not exceed a specified amount.
2. Time limit for excessive rent increase applications: An application for an order that a rent increase is excessive must be made within the period prescribed by the regulations after notice of the increase is given.
3. Applications on withdrawal of goods or services: A tenant may, before the end of a tenancy, make an application that the rent is excessive, having regard to the reduction or withdrawal of any goods, services or facilities provided with the residential premises, even if those goods, services or facilities were provided under a separate or a previous contract, agreement or arrangement.
4. Determination of excessive rent: For the purposes of making an order under this section, the Tribunal may declare that amounts payable under a contract, agreement or arrangement under which goods, services or facilities are provided to the tenant are rent.
5. The Tribunal may have regard to the following in determining whether a rent increase or rent is excessive:
   • (a) the general market level of rents for comparable premises in the locality or a similar locality,
   • (b) the landlord’s outgoings under the residential tenancy agreement or proposed agreement,
   • (c) any fittings, appliances or other goods, services or facilities provided with the residential premises,
   • (d) the state of repair of the residential premises,
   • (e) the accommodation and amenities provided in the residential premises,
   • (f) any work done to the residential premises by or on behalf of the tenant,
   • (g) when the last increase occurred,
   • (h) any other matter it considers relevant (other than the income of the tenant or the tenant’s ability to afford the rent increase or rent).
6. Effect of excessive rent order: An order by the Tribunal specifying a maximum amount of rent:
   • (a) has effect for the period (of not more than 12 months) specified by the Tribunal, and
   • (b) binds only the landlord and tenant under the residential tenancy agreement or proposed residential tenancy agreement under which the rent is payable.
   • Note—A tenant under a social housing tenancy agreement may also apply for an order that rent is excessive if a rent rebate is cancelled (see section 141(1)).

45. Remedies for Reduction of Rent on Frustration of Residential Tenancy Agreement

1. The Tribunal may, on application by the landlord or tenant, make an order determining the amount of rent payable if the rent is abated under section 43(2).
2. The Tribunal may order that:
   • (a) from a specified day, the rent for the residential premises must not exceed a specified amount, and
   • (b) the landlord must repay to the tenant any rent paid by the tenant since the specified day that is in excess of the specified amount.
   • Note—The residential tenancy agreement may also be terminated in these circumstances (see section 109).

46. Contraventions of Rent Order

1. A person must not demand, require or receive any rent from a tenant exceeding an amount specified by the Tribunal.
   • Maximum penalty—20 penalty units.
2. A court before which proceedings for an offence under this section have been brought, or the Tribunal, on application by a tenant, may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the tenant against whom the offence was committed an amount equal to the amount of any rent unlawfully received from the tenant.

47. Tenant’s Remedies for Repayment of Rent and Excess Charges

1. Requests to landlord: A tenant may make a written request to the landlord that the landlord repay to the tenant any rent, or other amounts, paid by the tenant that are not required to be paid under this Act or the residential tenancy agreement.
2. A request may be made during or after the termination of a residential tenancy agreement.
3. A landlord must, within 14 days of a written request by a tenant, repay to the tenant the amount of any rent or other amount paid in excess of the amount payable by the tenant under this Act or the residential tenancy agreement.
4. Tribunal orders: A tenant may apply to the Tribunal for an order for the repayment of rent or any other amount paid by the tenant if a written request by the tenant for payment is not complied with by the landlord within 14 days.
5. The Tribunal may order that rent or any other amount be repaid to the tenant if it finds that the rent or amount was not required to be paid by the tenant under this Act or the residential tenancy agreement.

48. Landlord May Recover Certain Rent Expenses

1. A tenant must, at the written request of the landlord, pay to the landlord the following amounts:
   • (a) the cost of replacing rent deposit books or rent cards lost by the tenant,
   • (b) the amount of any fees paid to an authorised deposit-taking institution by the landlord as a result of funds of the tenant not being available for rent payment on the due date (such as fees for dishonoured cheques or other account fees).
2. This section has effect despite any other provision of this Division.
3. This section is a term of every residential tenancy agreement.

Division 3: Occupation and Use of Residential Premises

49. Occupation of Residential Premises as Residence

1. A landlord must take all reasonable steps to ensure that, at the time of entering into the residential tenancy agreement, there is no legal impediment to the occupation of the residential premises as a residence for the period of the tenancy.
2. A landlord must ensure that the tenant has vacant possession of any part of the residential premises to which the tenant has a right of exclusive possession on the day on which the tenant is entitled to occupy those premises under the residential tenancy agreement.
3. This section is a term of every residential tenancy agreement.

50. Tenant’s Right to Quiet Enjoyment

1. A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title (such as a head landlord) to that of the landlord.
2. A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises.
   • Maximum penalty—10 penalty units.
3. A landlord or landlord’s agent must take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.
4. This section is a term of every residential tenancy agreement.

51. Use of Premises by Tenant

1. A tenant must not do any of the following:
   • (a) use the residential premises, or cause or permit the premises to be used, for any illegal purpose,
   • (b) cause or permit a nuisance,
   • (c) interfere, or cause or permit any interference, with the reasonable peace, comfort or privacy of any neighbour of the tenant,
   • (d) intentionally or negligently cause or permit any damage to the residential premises,
   • (e) cause or permit a number of persons to reside in the residential premises that exceeds any number specified in the residential tenancy agreement.
2. A tenant must do the following:
   • (a) keep the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
   • (b) notify the landlord of any damage to the residential premises as soon as practicable after becoming aware of the damage.
3. On giving vacant possession of the residential premises, the tenant must do the following:
   • (a) remove all the tenant’s goods from the residential premises,
   • (b) leave the residential premises as nearly as possible in the same condition, fair wear and tear excepted, and, if there is a condition report, as set out in the condition report applicable to the premises when the agreement was entered into,
   • (c) leave the residential premises in a reasonable state of cleanliness, having regard to the condition of the premises at the commencement of the tenancy,
   • (d) remove or arrange for the removal from the residential premises of all rubbish, having regard to the condition of the premises at the commencement of the tenancy,
   • (e) return to the landlord all keys, and other opening devices or similar devices, provided by the landlord to the tenant.
4. In this section—
   • residential premises includes everything provided with the residential premises (whether under the residential tenancy agreement or not) for use by the tenant.
5. This section is a term of every residential tenancy agreement.

52. Landlord’s General Obligations for Residential Premises

1. A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.
2. Without limiting the circumstances in which residential premises are not fit for habitation, residential premises are not fit for habitation unless the residential premises:
   • (a) are structurally sound, and
   • (b) have adequate natural light or artificial lighting in each room of the premises other than a room that is intended to be used only for the purposes of storage or a garage, and
   • (c) have adequate ventilation, and
   • (d) are supplied with electricity or gas and have an adequate number of electricity outlet sockets or gas outlet sockets for the supply of lighting and heating to, and use of appliances in, the premises, and
   • (e) have adequate plumbing and drainage, and
   • (f) are connected to a water supply service or infrastructure that supplies water (including, but not limited to, a water bore or water tank) that is able to supply to the premises hot and cold water for drinking and ablution and cleaning activities, and
   • (g) contain bathroom facilities, including toilet and washing facilities, that allow privacy for the user.
3. For the purposes of subsection (1A)(a), residential premises are structurally sound only if the floors, ceilings, walls, supporting structures (including foundations), doors, windows, roof, stairs, balconies, balustrades and railings:
   • (a) are in a reasonable state of repair, and
   • (b) with respect to the floors, ceilings, walls and supporting structures—are not subject to significant dampness, and
   • (c) with respect to the roof, ceilings and windows—do not allow water penetration into the premises, and
   • (d) are not liable to collapse because they are rotted or otherwise defective.
4. The Secretary may exempt any specified premises or any specified class of premises from the operation of all or any part of this section. An exemption may be unconditional or subject to conditions.
5. A landlord must not interfere with the supply of gas, electricity, water, telecommunications services or other services to the residential premises unless the interference is necessary to avoid danger to any person or to enable maintenance or repairs to be carried out.
6. A landlord must comply with the landlord’s statutory obligations relating to the health or safety of the residential premises.
   • Note—Such obligations include obligations relating to swimming pools under the Swimming Pools Act 1992.
7. This section is a term of every residential tenancy agreement.

53. Sale of Residential Premises

1. A landlord must give the tenant written notice of the landlord’s intention to sell the residential premises not later than 14 days before the premises are first made available for inspection by prospective purchasers.
2. A landlord or the agent of the landlord for the sale of the residential premises must make all reasonable efforts to agree with the tenant as to the days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
3. A tenant must not unreasonably refuse to agree to days and times when the residential premises are to be periodically available for inspection by prospective purchasers.
4. A tenant is not required to agree to the residential premises being available for inspection by prospective purchasers more than twice a week.
5. This section is a term of every residential tenancy agreement.

54. Liability of Tenant for Actions of Others

1. A tenant is vicariously responsible to the landlord for any act or omission by any other person who is lawfully on the residential premises (other than a person who has a right of entry without the tenant’s consent) that would have been a breach of the residential tenancy agreement if it had been an act or omission by the tenant.
2. Subsection (1) does not apply to a tenant who is the victim of a domestic violence offence, or an exempted co-tenant, if the relevant act or omission constitutes or resulted in damage to the residential premises and occurred during the commission of the domestic violence offence.
3. In this section, an exempted co-tenant means a tenant under the same residential tenancy agreement as the tenant referred to subsection (1A) who is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement.
4. This section is a term of every residential tenancy agreement.

54A. Limit on Liability of Tenant for Actions of Other Tenants Occurring During Domestic Violence Offences

1. A tenant (the exempted tenant) is not responsible to the landlord for any act or omission by a co-tenant that is a breach of the residential tenancy agreement if:
   • (a) the act or omission:
     • (i) constitutes or resulted in damage to the residential premises, and
     • (ii) occurred during the commission of a domestic violence offence, and
   • (b) the exempted tenant is:
     • (i) the victim of the domestic violence offence, or
     • (ii) an exempted co-tenant.
2. In this section:
   • exempted co-tenant means a person who:
     • (a) is a tenant under the same residential tenancy agreement as the tenant who is the victim of the domestic violence offence, and
     • (b) is not a relevant domestic violence offender (within the meaning of Division 3A of Part 5) nominated in a document referred to in section 105C(2) and annexed to a domestic violence termination notice (within the meaning of section 105A) for the residential tenancy agreement.
3. This section is a term of every residential tenancy agreement.

Division 4: Landlord’s Rights to Enter Residential Premises

55. Access Generally by Landlord to Residential Premises Without Consent

1. A landlord, the landlord’s agent or any other person authorized by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, and without giving notice to the tenant, only in the following circumstances:
   • (a) in an emergency,
   • (b) to carry out urgent repairs,
   • (c) if the landlord, landlord’s agent or person has made a reasonable attempt to obtain entry with consent and has reasonable cause for serious concern about the health or safety of the tenant or any other person that the landlord, landlord’s agent or person believes is on the residential premises,
   • (d) if the landlord forms a reasonable belief that the residential premises have been abandoned,
   • (e) in accordance with an order of the Tribunal.
2. A landlord, the landlord’s agent or any other person authorized by the landlord may enter residential premises during a residential tenancy agreement without the consent of the tenant, after giving notice to the tenant, only in the following circumstances:
   • (a) to inspect the residential premises, not more than 4 times in any period of 12 months, if the tenant has been given not less than 7 days written notice each time,
   • (b) to carry out or assess the need for necessary repairs (other than urgent repairs) to, or maintenance of, the residential premises, if the tenant has been given not less than 2 days notice each time,
   • (c) to carry out, inspect or assess the need for work for the purpose of compliance with the landlord’s statutory obligations relating to the health or safety of the residential premises, if the tenant has been given not less than 2 days notice each time,
   • (c1) to carry out, inspect or assess the need for repairs to, or replacement of, a smoke alarm installed at the residential premises if the tenant has been given notice in accordance with the regulations,
   • (d) to value the property, not more than once in any period of 12 months, if the tenant is given not less than 7 days notice each time,
   • (d1) to take photographs, or make a visual recording, of the interior of the premises for the purposes of advertising the residential premises for sale or lease not more than once in the period of 28 days preceding the commencement of marketing the residential premises for sale or lease or the termination of the agreement, if the tenant is given:
     • (i) reasonable notice, and
     • (ii) a reasonable opportunity to move any of the tenant’s possessions that can reasonably be moved out of the frame of the photograph or the scope of the recording,
   • (e) to show the premises to prospective tenants, a reasonable number of times during the period of 14 days preceding the termination of the agreement, if the tenant is given reasonable notice each time,
   • (f) if the landlord and tenant fail to agree under section 53 to show the premises to prospective purchasers, not more than twice in any period of a week, if the tenant is given not less than 48 hours notice each time.
3. This section does not apply to any part of premises to which the tenant does not have the right of exclusive occupation.
4. This section is a term of every residential tenancy agreement.

55A. Publishing Photographs of Residential Premises with Tenant’s Consent

1. A landlord or landlord’s agent must not publish any photograph taken or visual recording made of the interior of residential premises in which any of the tenant’s possessions are visible without first obtaining the written consent of the tenant.
   • Maximum penalty—20 penalty units.
2. A tenant must not unreasonably withhold consent required to be obtained under this section.
3. Without limiting subsection (2), it is not unreasonable for the tenant to withhold consent if the tenant is in circumstances of domestic violence, within the meaning of section 105B.
4. In this section, a photograph or visual recording is published if it is:
   • (a) publicly exhibited in, on, over or under any building, vehicle or place (whether or not a public place and whether on land or water), or in the air in view of persons being in any street or public place, or
   • (b) disseminated by means of a website, email or other electronic communication, or
   • (c) in the case of a photograph:
     • (i) inserted in any newspaper, periodical publication or other publication, or
     • (ii) contained in any flyer or other document sent or delivered to any person or thrown or left on premises occupied by any person.
5. A photograph or visual recording is not published if it is disseminated solely between the landlord and the landlord’s agent for purposes relating to carrying out an inspection of the residential premises, maintenance or repairs.
6. This section is a term of every residential tenancy agreement.

56. Entry with Tenant’s Consent

1. The landlord, the landlord’s agent or any other person authorized by the landlord may enter the residential premises at any time during the residential tenancy agreement with the consent of the tenant.
2. This section is a term of every residential tenancy agreement.

57. Limits on Entry by Landlord or Others Without Consent

1. A landlord, the landlord’s agent or other person who enters residential premises under a right to enter the premises without the consent of the tenant:
   • (a) must enter the premises between the hours of 8.00 am and 8.00 pm, and
   • (b) must not enter on a Sunday or a public holiday, and
   • (c) must not stay on the residential premises longer than is necessary to achieve the purpose of the entry to the residential premises, and
   • (d) must, if practicable, notify the tenant of the proposed time and day of entry.
2. A person authorized by the landlord or landlord’s agent must not enter residential premises under a right to enter the premises without the consent of the tenant unless:
   • (a) the person first obtains the written consent of the landlord or landlord’s agent, and
   • (b) the person produces the consent to the tenant if the tenant is at the premises.
3. This section does not apply to entry:
   • (a) as agreed with the tenant, or
   • (b) in an emergency, or
   • (c) to carry out urgent repairs, or
   • (d) if the landlord forms a reasonable belief that the premises have been abandoned, or
   • (e) in accordance with an order of the Tribunal.
4. This section is a term of every residential tenancy agreement.

58. Duty of Tenant to Give Access to Residential Premises

1. A tenant must permit a landlord, landlord’s agent or other person exercising a right of access to the residential premises in accordance with this Division to have access to the premises.
2. This section is a term of every residential tenancy agreement.

59. Landlord Must Only Enter Premises in Accordance with Division

1. A landlord, the landlord’s agent or other person authorized by the landlord must not enter the residential premises during the residential tenancy agreement, except in accordance with this Division.
   • Maximum penalty—20 penalty units.
2. This section is a term of every residential tenancy agreement.

60. Landlord’s Remedies Relating to Access to Premises

1. The Tribunal may, on application by a landlord, make any of the following orders:
   • (a) an order authorizing the landlord or any other person to enter the residential premises for a purpose permitted under this Division,
   • (b) an order authorizing the landlord or any other person to enter the residential premises for the purposes of showing the residential premises to prospective purchasers on a periodic basis,
   • (c) an order authorizing the landlord or any other person to enter the residential premises for the purpose of determining whether the tenant has breached a term of the residential tenancy agreement.
2. The order may specify the days and times, and purposes for which, entry to the residential premises is authorized.

61. Tenant’s Remedies Relating to Access to Premises

1. The Tribunal may, on application by a tenant, make an order specifying or limiting the days and times, and purposes for which, entry to the residential premises by a landlord, landlord’s agent, agent for the sale of the residential premises or other persons is authorized.
2. The Tribunal may, on application by a tenant, order the landlord or the landlord’s agent to pay compensation to the tenant for damage to or loss of the tenant’s goods caused by any person in the exercise of a power of the landlord or landlord’s agent to enter residential premises under this Act or the residential tenancy agreement.

Division 5: Repairs to Premises

62. Definitions

In this Division:

• residential premises includes everything provided with the premises (whether under the residential tenancy agreement or not) for use by the tenant.
• urgent repairs means any work needed to repair any one or more of the following:
  • (a) a burst water service,
  • (b) an appliance, fitting or fixture that uses water or is used to supply water that is broken or not functioning properly, so that a substantial amount of water is being wasted,
  • (c) a blocked or broken lavatory system,
  • (d) a serious roof leak,
  • (e) a gas leak,
  • (f) a dangerous electrical fault,
  • (g) flooding or serious flood damage,
  • (h) serious storm or fire damage,
  • (i) a failure or breakdown of the gas, electricity or water supply to the residential premises,
  • (j) a failure or breakdown of any essential service on the residential premises for hot water, cooking, heating, cooling or laundering,
  • (k) any fault or damage that causes the residential premises to be unsafe or insecure,
  • (l) any other damage prescribed by the regulations,
• but does not include work needed to repair premises that are owned by a person other than the landlord or a person having superior title (such as a head landlord) to the landlord.

63. Landlord’s General Obligation

1. A landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
2. A landlord’s obligation to provide and maintain the residential premises in a reasonable state of repair applies even though the tenant had notice of the state of disrepair before entering into occupation of the residential premises.
3. A landlord is not in breach of the obligation to provide and maintain the residential premises in a reasonable state of repair if the state of disrepair is caused by the tenant’s breach of this Part.
4. This section is a term of every residential tenancy agreement.

64. Urgent Repairs to Residential Premises

1. A landlord must, not later than 14 days after being given a written notice from the tenant, reimburse the tenant for the reasonable costs of making urgent repairs to the residential premises.
2. A landlord is required to reimburse the costs only if:
   • (a) the state of disrepair did not result from a breach of the residential tenancy agreement by the tenant, and
   • (b) the tenant gave the landlord or the landlord’s agent notice of the state of disrepair or made a reasonable attempt to do so, and
   • (c) the tenant gave the landlord or landlord’s agent a reasonable opportunity to make the repairs, if notice was given, and
   • (d) the tenant has made a reasonable attempt to arrange for a licensed or otherwise properly qualified person nominated in the residential tenancy agreement to carry out the repairs, if such a person is so nominated, and
   • (e) the repairs were carried out, if appropriate, by licensed or otherwise properly qualified persons, and
   • (f) as soon as practicable after the repairs were carried out, the tenant gave the landlord or landlord’s agent, or made a reasonable attempt to give the landlord or landlord’s agent, a written notice setting out details of the repairs and the costs of the repairs, together with the receipts or copies of receipts for costs paid by the tenant.
3. The maximum amount that a tenant is entitled to be reimbursed under this section is $1,000 or such other amount as may be prescribed by the regulations.
4. Nothing in this section prevents a tenant, with the consent of the landlord, from making repairs to the residential premises and being reimbursed for the costs of those repairs.
5. This section is a term of every residential tenancy agreement.

64A. Carrying Out Repairs to Smoke Alarms as a Matter of Urgency

1. A landlord must ensure that a smoke alarm installed in the residential premises is repaired or replaced in accordance with the regulations.
   • Maximum penalty—20 penalty units.
2. Without limiting subsection (1), the regulations may prescribe the following:
   • (a) the circumstances in which a particular person, or class of persons, must repair or replace a smoke alarm,
   • (b) the circumstances in which a person, or class of persons, may repair or replace a smoke alarm,
   • (c) the time period within which the person must repair or replace a smoke alarm.
3. A tenant who repairs or replaces a smoke alarm installed in the residential premises under this section is entitled to reimbursement in accordance with the regulations.
4. This section is a term of every residential tenancy agreement.
5. In this section:
   • repair a smoke alarm includes maintaining the smoke alarm in working order by installing or replacing a battery in the smoke alarm.
   • smoke alarm includes a heat alarm.

65. Tenants’ Remedies for Repairs—Tribunal Orders

1. Orders for which tenant may apply: The Tribunal may, on application by a tenant, make any of the following orders:
   • (a) an order that the landlord carry out specified repairs,
   • (b) an order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant,
   • (c) an order that the landlord reimburse the tenant an amount for repairs to a smoke alarm carried out by the tenant under section 64A(3).
2. Orders for repairs: The Tribunal may make an order that the landlord carry out specified repairs only if it determines that the landlord has breached the obligation under this Act to maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for and prospective life of the premises.
3. In deciding whether to make an order under this section, the Tribunal:
   • (a) must take into consideration the regulations, if any, made under subsection (6), and
   • (b) may take into consideration whether the landlord failed to act with reasonable diligence to have the repair carried out.
4. Reimbursement for urgent repairs: The Tribunal may order that the landlord reimburse the tenant an amount for urgent repairs carried out by the tenant if it is satisfied that the landlord has failed to reimburse the tenant for the costs in accordance with this Division.
5. Payment of rent into Tribunal: The Tribunal may order that all or part of the rent payable under a residential tenancy agreement be paid into the Tribunal until an order under this section has been complied with.
6. Guidelines relating to reasonable time for repairs: The regulations may provide for guidelines relating to reasonable times within which repairs to, and maintenance of, residential premises required to be carried out by the landlord under the residential tenancy agreement, this Act or any other Act or law should be carried out.

Division 5A: Rectification Orders

65A. Definitions

In this Division:

• landlord rectification order—see section 65C.
• rectification order means a tenant rectification order or a landlord rectification order.
• tenant rectification order—see section 65B.

65B. Damage to Premises—Investigation by Secretary

1. On application in writing by a landlord, the Secretary may cause an investigator to investigate whether the tenant:
   • (a) has intentionally or negligently caused or permitted damage to the residential premises, and
   • (b) without reasonable excuse, has refused or failed to repair, or satisfactorily repair, the damage.
2. An application may only be made under this section if:
   • (a) the landlord has requested the tenant by notice in writing to repair damage to the residential premises intentionally or negligently caused or permitted by the tenant, and
   • (b) the written notice contains particulars of the damage, and
   • (c) the tenant has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, and
   • (d) the application is accompanied by the fee (if any) prescribed by the regulations.
3. An investigation may be carried out only if the tenant has consented to the investigation within 7 days of being requested by the Secretary to do so.
4. If, after an investigation is completed, the Secretary is satisfied that the tenant:
   • (a) has intentionally or negligently caused or permitted damage to the residential premises and, in doing so, has breached the residential tenancy agreement, and
   • (b) has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage,
   • the Secretary may, by notice in writing, order the tenant to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a tenant rectification order).
5. The tenant rectification order:
   • (a) may specify conditions to be complied with by the landlord before the requirements of the order must be complied with, and
   • (b) may specify stages in which the requirements of the order must be complied with, and
   • (c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the landlord’s compliance with any condition referred to in paragraph (a), and
   • (d) must state the reasons for the Secretary’s decision to make a tenant rectification order, including particulars of the results of the investigation, and
   • (e) must indicate that the tenant and the landlord each has a right to apply:
     • (i) to the Secretary for a review of the Secretary’s decision to issue a tenant rectification order or the terms of the tenant rectification order, or
     • (ii) to the Tribunal in respect of the matter giving rise to the making of the tenant rectification order, and
   • (f) must indicate that the order will be suspended if the matter giving rise to the order becomes the subject of an application by the tenant or landlord to the Secretary or Tribunal.
6. The Secretary must give the landlord a copy of the tenant rectification order.
7. The tenant rectification order may be amended by a further order of the Secretary on the application of the landlord or tenant made within 7 days of the date on which the tenant was given the tenant rectification order.
8. If an application is made under subsection (7), the tenant rectification order is suspended until the Secretary determines the application.
9. This section does not apply to a tenant or co-tenant who has immunity from liability for damage given under:
   • (a) section 54(1A) or (1B), or
   • (b) section 54A.
10. This section does not affect any other rights of the tenant or landlord under this Act for breaches of the residential tenancy agreement.

65C. Breaches of Landlord’s General Obligation—Investigation by Secretary

1. On application in writing by a tenant, the Secretary may cause an investigator to investigate whether the landlord in respect of those premises has breached the landlord’s obligations under section 63.
2. An application may be made under this section only if:
   • (a) the tenant has requested the landlord by notice in writing to carry out repairs to the residential premises necessary to provide and maintain the residential premises in a reasonable state of repair, and
   • (b) the written notice contains particulars of the repairs, and
   • (c) the landlord has, without reasonable excuse, refused or failed to carry out, or carry out satisfactorily, the repairs, and
   • (d) the application is accompanied by the fee (if any) prescribed by the regulations.
3. If, after an investigation is completed, the Secretary is satisfied that the landlord has breached the landlord’s obligations under section 63, the Secretary may, by notice in writing, order the landlord to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a landlord rectification order).
4. A landlord rectification order:
   • (a) may specify conditions to be complied with by the tenant before the requirements of the order must be complied with, and
   • (b) may specify stages in which the requirements of the order must be complied with, and
   • (c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the tenant’s compliance with any condition referred to in paragraph (a), and
   • (d) must state the reasons for the Secretary’s decision to make a landlord rectification order, including particulars of the results of the investigation, and
   • (e) must indicate that the tenant and the landlord each has a right to apply:
     • (i) to the Secretary for a review of the Secretary’s decision to issue a landlord rectification order or the terms of the landlord rectification order, or
     • (ii) to the Tribunal in respect of the matter giving rise to the making of the landlord rectification order, and
   • (f) must indicate that the order will be suspended if the matter giving rise to the order becomes the subject of an application by the tenant or landlord to the Secretary or Tribunal.
5. The Secretary must provide the tenant with a copy of the landlord rectification order.
6. A landlord rectification order may be amended by a further order of the Secretary on the application of the landlord or tenant made within 7 days of the date of the landlord rectification order.
7. If an application is made under subsection (6), the landlord rectification order is suspended until the Secretary determines the application.
8. The landlord must comply with the requirements of a landlord rectification order.
   • Maximum penalty—20 penalty units.
9. This section does not affect any other rights of the tenant or landlord under this Act for breaches of the residential tenancy agreement.

65D. Application to Tribunal

1. A landlord or tenant may make an application to the Tribunal in respect of the matter giving rise to the making of a rectification order (the relevant rectification order) within 14 days of the date of the relevant rectification order or, if the relevant rectification order is amended, the date of the amended relevant rectification order.
2. If a landlord or tenant makes an application under this section, the operation of the relevant rectification order is suspended:
   • (a) pending the determination of the application by the Tribunal, or
   • (b) if the application is withdrawn—until the date of the withdrawal.
3. The relevant rectification order ceases to have effect on the day on which the Tribunal makes an order under this section.

Division 6: Alterations and Additions to Residential Premises

66. Tenant Must Not Make Alterations to Premises Without Consent

1. A tenant must not, without the landlord’s written consent or unless the residential tenancy agreement otherwise permits, install or cause to be installed a fixture or make or cause to be made any renovation, alteration or addition to the residential premises.
2. A landlord must not unreasonably withhold consent to a fixture, or to an alteration, addition or renovation that is of a minor nature.
3. The regulations may make provision for or with respect to the following:
   • (a) the kinds of fixtures, or alterations, additions or renovations that are of a minor nature in relation to which it would be unreasonable for a landlord to withhold consent,
   • (b) the circumstances in which the giving of consent by the landlord to the fixture, alteration, addition or renovation may be conditional on the fixture only being installed, or the alteration, addition or renovation only being carried out, by a person appropriately qualified to install a fixture, or carry out alterations, additions or renovations, of that kind.
4. A landlord may withhold consent to any other action by the tenant that is permitted under this section whether or not it is reasonable to do so.
5. A fixture installed by or on behalf of the tenant, or any renovation, alteration or addition to the residential premises by or on behalf of the tenant, is to be at the cost of the tenant, unless the landlord otherwise agrees.
6. This section is a term of every residential tenancy agreement.

67. Removal of Fixtures Installed by Tenant

1. A tenant may, at the tenant’s cost and before the tenant gives vacant possession of the residential premises, remove any fixture that was installed by the tenant in accordance with this Act or the residential tenancy agreement.
2. A tenant must notify the landlord of any damage caused by removing a fixture and must repair the damage or compensate the landlord for the landlord’s reasonable expenses of repairing the damage.
3. Despite subsection (1), a tenant is not entitled to remove a fixture without the consent of the landlord if the fixture was installed at the landlord’s expense or the landlord provided the tenant with a benefit equivalent to the cost of the fixture.
4. This section is a term of every residential tenancy agreement.

68. Tenants’ Remedies for Alterations

1. The Tribunal may, on application by a tenant, make any of the following orders, if the landlord fails to consent:
   • (a) an order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises,
   • (b) an order that the tenant is entitled to remove a fixture installed by the tenant.
2. The Tribunal may order that the tenant may install a fixture or make a renovation, alteration or addition to the residential premises only if it is satisfied:
   • (a) that the landlord’s failure to give consent is unreasonable, and
   • (b) if the consent is to a renovation, alteration or addition, that it is of a minor nature.
3. The Tribunal may determine that a landlord’s failure to consent is reasonable in any of the following circumstances (but is not limited to those circumstances for such a determination):
   • (a) if the work involves structural changes,
   • (b) if the work involves work that would not be reasonably capable of rectification, repair or removal,
   • (c) if the work involves internal or external painting of the residential premises,
   • (d) if the work is prohibited under any other law,
   • (e) if the work is not consistent with the nature of the property.

69. Landlords’ Remedies for Alterations

1. The Tribunal may, on application by a landlord, make any of the following orders:
   • (a) an order prohibiting the tenant from removing a fixture,
   • (b) an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant on the residential premises.
2. The Tribunal may make an order under subsection (1)(b) only if the Tribunal is satisfied that:
   • (a) the work was not done to a satisfactory standard, or
   • (b) the work, if not rectified, is likely to adversely affect the landlord’s ability to let the residential premises to other tenants.
3. The Tribunal may make an order that the tenant compensate the landlord for the cost of rectifying work done by or on behalf of the tenant whether or not the landlord consented to the carrying out of the work.

Division 7: Security and Safety of Residential Premises

70. Locks and Other Security Devices

1. A landlord must provide and maintain the locks or other security devices necessary to ensure that the residential premises are reasonably secure.
2. A landlord or landlord’s agent must give to each tenant named in the residential tenancy agreement a copy of the key or any other opening device or information required to open a lock or security device for the residential premises or common property to which the tenant is entitled to have access.
3. The initial copies are to be provided free of charge but the landlord may recover from a tenant the cost of providing replacement or additional copies.
4. This section is a term of every residential tenancy agreement.
   • Note—Section 191 provides for matters to be considered by the Tribunal when determining an action for a breach of this Division.

71. Changes of Locks and Other Security Devices

1. A landlord or tenant may alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device for the residential premises only if:
   • (a) the other party agrees, or
   • (b) with a reasonable excuse.
2. Without limiting what is a reasonable excuse, it is a reasonable excuse that a lock or other security device was altered, removed or added:
   • (a) in an emergency, or
   • (b) in accordance with an order of the Tribunal, or
   • (c) after the tenancy of a co-tenant was terminated, or
   • (d) after a tenant or occupant of residential premises was prohibited from having access to the residential premises by an apprehended violence order.
3. If a lock or other security device is altered, removed or added by a landlord or the tenant without the consent of the other party, it is presumed, in the absence of evidence to the contrary, that it was altered, removed or added by the landlord or tenant without reasonable excuse.
4. A landlord or tenant who contravenes subsection (1) is guilty of an offence.
   • Maximum penalty—20 penalty units.
5. This section is a term of every residential tenancy agreement.

72. Copies of Changed Locks and Other Security Devices to be Given to Other Party

1. A copy of the key or any other opening device or information required to open a lock or other security device that is altered, added or removed by a landlord or tenant must be given to the other party not later than 7 days after it is altered, added or removed, unless:
   • (a) the other party agrees, or
   • (b) the Tribunal authorises a copy not to be given.
2. This section does not require a copy of a key or other opening device or information to be given to a person who is prohibited from having access to the residential premises by an apprehended violence order.
3. This section is a term of every residential tenancy agreement.

73. Remedies for Security of Residential Premises

The Tribunal may, on application by a landlord or tenant, make any of the following orders if it thinks it reasonable in the circumstances to do so:

• (a) an order authorising the landlord or tenant to alter, remove or add or cause or permit the alteration, removal or addition of a lock or other security device,
• (b) an order authorising the landlord or tenant to refuse to give to the other party a copy of a key or any other opening device or information,
• (c) an order requiring a copy of a key or any other opening device or information to be given to the landlord or tenant.

Part 4: Changes of Tenant and Landlord

74. Transfer of Tenancy or Sub-Letting by Tenant

1. A tenant may transfer the tenancy under a residential tenancy agreement to another person or sub-let the premises to another person, if the landlord gives written consent to the transfer or sub-letting.
2. The landlord must not charge for giving consent to a transfer or sub-letting, other than for the reasonable expenses of giving consent.
3. This section is a term of every residential tenancy agreement.

75. Consent to Transfer of Tenancy or Sub-Letting

1. No requirement for reasonable refusal for whole transfer or sub-letting: The landlord may withhold consent to a transfer or sub-letting relating to the whole tenancy or residential premises whether or not it is reasonable to do so.
2. Consent must not be unreasonably withheld for partial transfer or sub-letting: The landlord must not unreasonably withhold consent to a transfer of a tenancy or sub-letting of premises if the transfer results only in one or more tenants in addition to an original tenant under the residential tenancy agreement or the partial sub-letting of the residential premises occupied by the tenant.
3. Without limiting subsection (2), the landlord is entitled to withhold consent if:
   • (a) the number of proposed occupants is more than the number permitted by the residential tenancy agreement or any applicable consent or approval under the Environmental Planning and Assessment Act 1979,
   • (b) the proposed tenant or sub-tenant is listed on a residential tenancy database in accordance with this Act,
   • (c) the landlord is reasonably of the opinion that the transfer or sub-letting would result in the residential premises being overcrowded.
4. Subsections (1)–(3) are terms of every residential tenancy agreement. Subsections (2) and (3) do not apply if the landlord is a social housing provider.
5. Remedy if landlord refuses consent: The Tribunal may, on application by a tenant, order that the tenant may transfer a tenancy or sub-let residential premises as referred to in subsection (2) if the Tribunal is of the opinion that the landlord’s failure to consent is unreasonable.

76. Notice of Sale of Residential Premises by Landlord

1. This section applies if residential premises subject to a tenancy are sold.
2. The landlord, landlord’s agent or other person authorised by the landlord must give the tenant a notice of the sale containing the following:
   • (a) the name of the purchaser,
   • (b) a direction that the tenant pay all future rent to the purchaser.
   • Note—For the effect of such a notice on requirements at law for an attornment, see section 125 of the Conveyancing Act 1919.

77. Recognition of Certain Persons as Tenants

1. The Tribunal may, on application by a person who is occupying residential premises, make an order recognising the person as a tenant under a residential tenancy agreement or join the person as a party to any proceedings relating to the premises, or both.
2. The Tribunal may make an order if:
   • (a) the sole tenant under the residential tenancy agreement to which the premises are subject has died, or
   • (b) the tenant no longer occupies the premises.
3. An order under this section may:
   • (a) vest a tenancy over the residential premises in the occupant on such of the terms of the previous residential tenancy agreement as the Tribunal thinks appropriate, having regard to the circumstances of the case, and
   • (b) vest the tenancy from a date that is earlier than the order.
4. An application for an order under this section may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.
5. This section does not apply if the landlord is a social housing provider.

78. Death of Co-Tenant

1. On the death of a co-tenant leaving one or more other co-tenants under a residential tenancy agreement, the remaining co-tenants may continue the tenancy or give the landlord a termination notice that has a termination date not earlier than 21 days after the day on which the notice is given.
2. If a tenancy is continued under this section, the remaining co-tenants are taken to be the only tenants under the residential tenancy agreement on and from the death of the deceased tenant.
3. This section applies whether or not the fixed term of the residential tenancy agreement has ended if it is a fixed term agreement.

79. Change of Tenants After AVO

1. Termination of tenancy: On the making of a final apprehended violence order that prohibits a co-tenant or a tenant from having access to the residential premises, the tenancy of that co-tenant or tenant under the residential tenancy agreement is terminated. Such a termination does not affect the tenancy of any co-tenant not subject to the order.
2. Tribunal may recognise occupant as tenant after AVO: The Tribunal may, on application by a remaining occupant or co-tenant, make an order recognising the remaining occupant as a tenant under the residential tenancy agreement, if the tenant, or a co-tenant or a former tenant or co-tenant is prohibited by a final apprehended violence order from having access to the residential premises.
3. Orders: An order under this section may vest a tenancy over the residential premises in an occupant on such of the terms of the previous residential tenancy agreement as the Tribunal thinks appropriate having regard to the circumstances of the case.
4. An application for an order under this section may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.
5. A Tribunal may not make an order under this section in respect of a social housing tenancy agreement unless the remaining occupant meets any applicable eligibility requirements of the social housing provider for tenancy of the premises.

Part 5: Termination of Residential Tenancy Agreements

Division 1: Termination of Residential Tenancy Agreements Generally

80. Definitions

• Employee or caretaker residential tenancy agreement: Deemed a residential tenancy agreement under section 9.
• Non-payment termination notice: Refer to section 88.
• Termination date: Day specified in a termination notice for ending the tenancy and vacating the premises.
• Termination notice: A notice ending a residential tenancy agreement.
• Termination order: An order ending a residential tenancy agreement with an order for possession of the premises.

81. Circumstances of Termination of Residential Tenancies

1. Termination only as set out in Act: Termination occurs only under circumstances specified in this Act.
2. Termination by notice and vacant possession: Occurs when a landlord or tenant issues a termination notice and the tenant vacates the premises.
3. Termination by order of Tribunal: Occurs upon Tribunal’s order.
4. Other legal reasons for termination: Includes superior title possession, mortgagee possession, landlord’s successor possession, tenant abandonment, tenant surrender, interests merger, and tenant’s repudiation acceptance.

82. Termination Notices

• Must detail the premises, termination and vacant possession dates, grounds for notice (if applicable), and any other prescribed matters. Must be written and signed.

83. Termination Orders

• If the Tribunal issues a termination order, it must also order possession of the premises, specifying the effective date.

Division 2: Termination by Landlord

84-87: Details landlord’s rights to terminate tenancy at the end of fixed terms, for periodic agreements without grounds, upon property sale, or for tenant breaches.

88. Termination Notices for Non-payment

• Details the conditions under which a landlord can issue a termination notice for non-payment of rent or charges.

89. Repayment of Rent and Charges

• Outlines tenant’s rights to nullify termination by paying overdue amounts or complying with repayment plans.

90-92A: Discusses termination for property damage, illegal use, threats, abuse, and non-compliance with tenant rectification orders.

93-95: Covers termination due to landlord’s hardship, long-term tenancies, and occupants remaining after tenant vacates.

Division 3: Termination by Tenant

96-98A: Details tenant’s rights to terminate fixed term and periodic agreements, including for landlord breaches and contraventions.

99-101: Discusses termination rights related to rent increases, early termination conditions (like moving to social housing), and co-tenant terminations.

102-103A: Explores Tribunal-led termination for specific co-tenant situations and breaches by landlords.

104-105: Covers tenant-initiated terminations due to hardship and landlord applications following tenant notices.

Division 3A: Termination by Tenant—Circumstances of Domestic Violence

105A-105I: Establishes provisions for tenants to terminate tenancy due to domestic violence, detailing necessary documentation and protections.

Division 4: Abandonment of Residential Premises

106-107: Defines abandonment and outlines landlord’s remedies, including compensation for losses due to tenant abandonment.

Division 5: Termination by Events

108-109: Details termination procedures following the death of a tenant or destruction/uninhabitability of premises.

Division 6: Miscellaneous

110-118: Covers various aspects like tenant’s right to vacate before termination, disputes over notices, defects in notices, suspension of possession orders, retaliatory evictions, rent accruals, and acceptance of rent after termination notices.

This section comprehensively details the rights and procedures for terminating residential tenancy agreements under various circumstances, ensuring both landlords’ and tenants’ interests are considered within the legal framework.

Part 6: Recovery of Possession of Premises

Division 1: Recovery of Possession

119. Prohibition on Certain Recovery Proceedings in Courts

• Landlords cannot initiate proceedings in the Supreme, District, or Local Courts against tenants or former tenants to recover possession of residential premises under a residential tenancy agreement.

120. Repossession of Residential Premises—Offences

1. Entry for Possession: It’s unlawful to enter residential premises to take possession unless authorized by a Tribunal or court order, or if the tenant has abandoned the premises. The penalty for violation can be up to 200 penalty units.
2. Compensation for Unlawful Entry: Courts can also order compensation to the victim of an unlawful possession attempt.

121. Enforcement of Orders for Possession

• The principal registrar of the Tribunal can issue a warrant for possession if the Tribunal’s order or its conditions are not adhered to, allowing for enforcement by a sheriff’s officer.

122. Mortgagee Repossessions of Rented Properties

• This section governs the repossessions by mortgagees, outlining tenant protections during the transition, including the right to withhold rent and the conditions under which a property can be shown to prospective buyers.

123. Liability of Tenant Remaining in Possession After Termination

• Tenants who do not vacate after a Tribunal’s possession order must pay an occupation fee equivalent to the rent that would have been payable had the tenancy continued.

124. Notice of Proposed Recovery of Premises by Person with Superior Title

• Before awarding possession, courts or Tribunals must ensure that tenants have been properly notified of the proceedings initiated by anyone other than their landlord.

125. Order for Tenancy Against Person with Superior Title

• Tenants can apply for an order to establish a tenancy when someone with a superior title initiates recovery proceedings, potentially allowing the tenancy to continue under new terms set by the court or Tribunal.

Division 2: (Repealed)

• Sections 126–135 have been repealed and are no longer in force.

This part of the legislation ensures that possession is only recovered through lawful means and that tenants are provided adequate protections against wrongful evictions. It also accommodates situations where the property ownership may be in dispute or transitioning, providing mechanisms to ensure fair treatment of tenants.

Part 7: Social Housing Tenancy Agreements

Division 1: Preliminary

136 Definitions

• In this Part:
  • Alternative premises ground for termination of a social housing tenancy agreement—see section 148.
  • Appropriate Minister means, in relation to—
    • (a) the Aboriginal Housing Office or an organisation registered under Part 5 of the Aboriginal Housing Act 1998 or a tenant of the Office or organisation, the Minister administering that Act, or
    • (b) any other social housing provider or a tenant of the social housing provider, the Minister administering the Housing Act 2001.
  • Eligibility ground for termination of a social housing tenancy agreement—see section 143.
  • Rent rebate means an amount waived or remitted, in accordance with a rent rebate scheme administered by a social housing provider, from rent payable to a social housing provider.
  • Social housing premises means residential premises under a social housing tenancy agreement.
  • Social housing provider means any of the following—
    • (a) the New South Wales Land and Housing Corporation,
    • (b) the Aboriginal Housing Office,
    • (c) a registered community housing provider within the meaning of the Community Housing Providers National Law (NSW),
    • (d) an organisation for the time being registered under Part 5 of the Aboriginal Housing Act 1998,
    • (e) an organisation or a member of a class of organisations prescribed by the regulations.
  • Social housing tenancy agreement means a residential tenancy agreement where the landlord is a social housing provider.

137 Application of Part

• In the event of any inconsistency between a provision of this Part and any other provision of this Act or the regulations, this Part prevails to the extent of the inconsistency.

Division 2: Acceptable Behaviour Agreements

138 Acceptable behaviour agreements for tenants

• (1) The New South Wales Land and Housing Corporation may, by notice in writing given to a tenant under a social housing tenancy agreement under which it is the landlord, request the tenant to give a written undertaking (an acceptable behaviour agreement), in the terms specified in the notice, not to engage in specified anti-social behaviour on any of the following—
  • (a) the social housing premises to which the agreement relates,
  • (b) any property adjoining or adjacent to those premises (including any property that is available for use by the tenant in common with others).
• (2) The operation of an acceptable behaviour agreement extends to the behaviour of any other person occupying (or jointly occupying) the social housing premises with the consent of the tenant (a lawful occupier). Accordingly, if any such lawful occupier engages in any anti-social behaviour that is specified in the agreement, the tenant is taken to have engaged in the behaviour and breached the agreement.
• (3) The Corporation may request a tenant to enter into an acceptable behaviour agreement only if the Corporation is of the opinion that, based on—
  • (a) the history of the tenancy concerned, or
  • (b) the history of any prior tenancy under a social housing tenancy agreement entered into by the tenant and the Corporation,
    • the tenant, or a lawful occupier of the premises to which the tenancy relates, is likely to engage in anti-social behaviour on those social housing premises or any property adjoining or adjacent to those premises (including any property that is available for use by the tenant in common with others).
• (4) In making a request that a tenant enter into an acceptable behaviour agreement, the Corporation must inform the tenant that if—
  • (a) the tenant fails or refuses to enter into an acceptable behaviour agreement as requested, or
  • (b) the tenant, after entering into such an agreement, seriously or persistently breaches the terms of the agreement,
    • the Corporation may give a termination notice for the tenancy agreement entered into by the Corporation and the tenant.
• (5) An acceptable behaviour agreement is of no effect unless the Corporation has complied with subsection (4) in relation to the agreement.
• (6) In this section, a reference to anti-social behaviour includes a reference to emission of excessive noise, littering, dumping of cars, vandalism, and defacing of property.

Division 3: Water Usage Charges, Rent, and Other Payments

139 Social housing tenants to pay charges for water

• (1) Charges payable A tenant under a social housing tenancy agreement must pay to the landlord any charges, determined in accordance with guidelines approved by the appropriate Minister, in respect of water usage by the tenant.
• (2) Guidelines for payment of charges The guidelines may provide for the determination of the charges by reference to any of the following—
  • (a) actual usage or estimated usage,
  • (b) the income of the tenant,
  • (c) the rent payable by the tenant (whether with or without rent rebate).
• (3) The guidelines may include other matters, including a requirement that charges in respect of water usage be paid by the tenant in advance.
• (4) The guidelines are to be made publicly available.
• (5) A copy of the guidelines is to be provided, on request, to any tenant under a social housing tenancy agreement free of charge and to other persons either free of charge or on payment of reasonable copying charges.
• (6) The guidelines may be amended or replaced from time to time.
• (7) (Repealed)

140 Payment of debts by social housing tenants

• A tenant under a social housing tenancy agreement who incurs or has incurred a debt to the landlord in connection with that agreement or a prior social housing tenancy agreement—
  • (a) must enter into arrangements with the landlord, in accordance with any reasonable request of the landlord, for the payment of that debt, and
  • (b) must comply with those arrangements (including any such arrangement entered into during the term of a prior social housing tenancy agreement) and with any variations to those arrangements that may be agreed to by the landlord and tenant.

141 Cancellation or reduction of rent rebates

• (1) A tenant under a social housing tenancy agreement whose rent rebate is cancelled may apply to the Tribunal for an order declaring that the rent payable under the agreement (or a proposed social housing tenancy agreement for premises already occupied by the tenant) is excessive.
• (2) The tenant may do so within the period prescribed by the regulations after the cancellation of the rent rebate takes effect.
• (3) This section is in addition to any other provision of this Act.
• Note—
  • For remedies relating to excessive rents, see section 44.

Division 4: Fixed Term Agreements

142 Extension of social housing tenancies

• (1) This section applies to a social housing tenancy agreement that is a fixed term agreement under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
• (2) The landlord may, if the fixed term has ended, by written notice given to the tenant declare that the agreement is subject to a fixed term of the tenancy specified in the notice from the date specified in the notice.
• (3) At the end of any such further fixed term—
  • (a) any term of the agreement that provides for the continuation of the agreement applies, or
  • (b) section 18 applies.
• (4) A declaration may be made under this section in relation to an agreement on more than one occasion.
• (5) A tenancy that is subject to a further fixed term under this section may be terminated in accordance with this Act by the tenant (but not by the landlord) as if the social housing tenancy agreement were a periodic agreement.

Division 5: Termination of Social Housing Tenancy Agreements

Subdivision 1: Eligibility Ground

143 Termination notice may be given on ground that tenant not eligible for social housing

• A landlord under a social housing tenancy agreement may give a termination notice to the tenant on the ground that the landlord has determined, as the result of an assessment carried out under this Subdivision, that the tenant is not eligible to reside in the class of social housing premises to which the agreement applies (the eligibility ground).

144 Eligibility assessments of social housing tenants

• (1) In carrying out an assessment of the eligibility of a tenant under a social housing tenancy agreement to reside in the class of social housing premises concerned, the landlord is to apply the criteria approved by the appropriate Minister for the purposes of this section.
• (2) Any such criteria may differ from the criteria used to assess a person’s eligibility to commence residing in that class of social housing premises.
• (3) The criteria used for the purposes of an assessment must not relate to whether or not the tenant has complied with any term of the agreement.
• (4) The landlord may request the tenant to provide any information that is reasonably required to enable the landlord to determine whether the tenant meets the criteria for the purposes of an assessment under this section.
• (5) If the tenant refuses to provide any such information to the landlord, the landlord may determine, without further inquiry, that the tenant is not eligible to reside in the class of social housing premises concerned.
• (6) In the case of a fixed term agreement, an assessment may not be carried out earlier than 6 months before the end of the fixed term.
• (7) The criteria referred to in this section are to be made publicly available.
• (8) A copy of the criteria is to be provided, on request, to any tenant under a social housing tenancy agreement free of charge and to other persons either free of charge or on payment of reasonable copying charges.

145 Review of decision to give notice on ground that tenant not eligible for social housing

• (1) Notice to be given before termination notice Before giving a termination notice to a tenant under a social housing tenancy agreement on the eligibility ground, the landlord is to advise the tenant of the decision to do so by notice in writing.
• (2) Right to review A notice given under this section must—
  • (a) contain particulars of the reasons why the tenant is no longer considered eligible to reside in the social housing premises, and
  • (b) state that the tenant may apply to the landlord for a review of the decision within 30 days after the notice is given and give particulars of how such an application may be made, and
  • (c) state that the tenant is entitled to make representations to the landlord in writing, or (if the tenant wishes) orally, as to why the agreement should not be terminated.
• (3) The tenant may, in accordance with the notice—
  • (a) apply to the landlord for a review of the decision, and
  • (b) make representations in writing, or (if the tenant wishes) orally, to the landlord as to why the agreement should not be terminated.
• (4) If the tenant applies to the landlord for a review under this section, the landlord is to review the decision, in accordance with any procedures approved by the appropriate Minister for the purposes of this section, and consider any representations made by the tenant.
• (5) Decision of landlord following review After the review is carried out, the landlord may—
  • (a) give a termination notice on the eligibility ground, or
  • (b) advise the tenant, by notice in writing, that the landlord has decided not to give the termination notice.
• (6) Procedural fairness taken to have been observed If the landlord complies with this section, the landlord is taken to have complied with any rules of procedural fairness required to be observed by the landlord before giving a termination notice to the tenant on the eligibility ground.

146 Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing

• (1) A termination notice of a social housing tenancy agreement is not to be given by a landlord to a tenant on the eligibility ground before the later of the following—
  • (a) the end of the 30-day period within which the tenant may apply for a review under this Subdivision of the decision to give the termination notice,
  • (b) the end of any such review carried out in respect of that decision.
• (2) The termination notice must specify a termination date—
  • (a) in the case of a fixed term agreement—that is on or after the end of the term of the fixed term and not earlier than 60 days after the day on which the notice is given, or
  • (b) in the case of a periodic agreement—that is not earlier than 60 days after the day on which the notice is given.

147 Termination by Tribunal on eligibility ground

• (1) The Tribunal must, on application by the landlord under a social housing tenancy agreement, terminate the agreement on the eligibility ground if it is satisfied that—
  • (a) any notice required to be given, or any review required to be carried out, was given or carried out in accordance with this Subdivision before giving the termination notice on the eligibility ground, and
  • (b) a termination notice has been given in accordance with this Subdivision, and
  • (c) the landlord has determined, as a result of an assessment under this Subdivision, that the tenant is not eligible to reside in the class of social housing premises to which the agreement applies.
• (2) In deciding whether or not to make an order, the Tribunal is not to review the eligibility of the tenant to reside in the class of social housing premises to which the agreement applies.

Subdivision 2: Alternative Premises Ground

148 Termination notice may be given on ground that tenant offered alternative social housing premises

• A landlord under a social housing tenancy agreement may give a termination notice to the tenant on the ground that the landlord has offered to enter into a new social housing tenancy agreement with the tenant in respect of alternative premises to the premises the subject of the existing social housing tenancy agreement (the alternative premises ground).

149 Review of decision to give termination notice on ground that tenant offered alternative social housing premises

• (1) Notice to be given before termination notice Before giving a termination notice to the tenant on the alternative premises ground, the landlord is to advise the tenant of the decision to do so by notice in writing.
• (2) The landlord may make the offer to enter into a new social housing tenancy agreement and give notice of the decision at the same time.
• (3) Right to review A notice given under this section must—
  • (a) contain particulars of the reasons why the landlord wishes the tenant to move to alternative premises, and
  • (b) state that the tenant may apply to the landlord for a review of the decision within 14 days after the notice is given and give particulars of how such an application may be made, and
  • (c) state that the tenant is entitled to make representations to the landlord in writing, or (if the tenant wishes) orally, as to why the existing agreement should not be terminated.
• (4) The tenant may, in accordance with the notice—
  • (a) apply to the landlord for a review of the decision, and
  • (b) make representations in writing, or (if the tenant wishes) orally, to the landlord as to why the existing agreement should not be terminated.
• (5) If the tenant applies to the landlord for a review under this section, the landlord is to review the decision, in accordance with any procedures approved by the appropriate Minister for the purposes of this section, and consider any representations made by the tenant.
• (6) Decision of landlord following review After the review is carried out, the landlord may—
  • (a) give a termination notice on the alternative premises ground, or
  • (b) advise the tenant, by notice in writing, that the landlord has decided not to give the termination notice, or
  • (c) make a new offer to the tenant to enter into a new social housing tenancy agreement in respect of alternative premises that differ from those the subject of the offer in respect of which the review was carried out.
• (7) Right to second review if new offer made If a new offer is made under subsection (6)(c), subsections (1)–(6) apply in relation to giving a termination notice in connection with the new offer. Accordingly, the landlord is required to give a second notice, and the tenant is entitled to a second review, under this section. However, the landlord is not required to give any further notice, and the tenant is not entitled to any further review, under this section in relation to giving a termination notice following a second review.
• (8) Procedural fairness taken to have been observed If the landlord complies with this section, the landlord is taken to have complied with any rules of procedural fairness required to be observed by the landlord before giving a termination notice on the alternative premises ground.

150 Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises

• (1) A termination notice of a social housing tenancy agreement is not to be given to the tenant on the alternative premises ground before the later of the following—
  • (a) the end of the 14-day period within which the tenant may apply for any review of the decision to give the termination notice,
  • (b) the end of any such review carried out in respect of that decision.
• (2) However, if the landlord and tenant enter into a new social housing tenancy agreement before the end of that 14-day period or any such review, the termination notice may be given on or after the day on which they enter into the new agreement.
• (3) The termination notice must specify a termination date that is not earlier than 30 days after the day on which the notice is given, unless it specifies an earlier day to which the tenant has consented.
• (4) The termination notice is ineffective unless the alternative premises in connection with which the termination notice is given are available for occupation no later than 7 days before the termination date.
• (5) The termination notice may specify a termination date that is before the end of the fixed term of the social housing tenancy agreement if it is a fixed term agreement.

151 Termination by Tribunal on alternative premises ground

• (1) The Tribunal must, on application by the landlord under a social housing tenancy agreement, terminate the agreement on the alternative premises ground if it is satisfied that—
  • (a) any notice required to be given, or any review required to be carried out, was given or carried out in accordance with this Subdivision before giving the termination notice on the alternative premises ground, and
  • (b) a termination notice has been given in accordance with this Subdivision, and
  • (c) the landlord has offered to enter into a new social housing tenancy agreement with the tenant in respect of alternative premises to the premises the subject of the existing agreement, and
  • (d) alternative premises (which may or may not be the same as the alternative premises in connection with which the notice was given) are available for occupation by the tenant.
• (2) In deciding whether or not to make an order, the Tribunal is not to review the landlord’s reasons for making the offer concerned.

Subdivision 3: Behaviour Ground

153 Termination notice—acceptable behaviour agreements

• (1) The New South Wales Land and Housing Corporation may give a termination notice of a social housing tenancy agreement to the tenant on either of the following grounds—
  • (a) that the tenant has failed or refused to enter into an acceptable behaviour agreement as requested by the Corporation,
  • (b) that the tenant has seriously or persistently breached the terms of an acceptable behaviour agreement.
• (2) The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.
• (3) The termination notice may specify a termination date that is before the end of the fixed term of the social housing tenancy agreement if it is a fixed term agreement.

154 Termination by Tribunal on behaviour ground

• The Tribunal may, on application by the New South Wales Land and Housing Corporation, terminate a social housing tenancy agreement if it is satisfied that a termination notice has been given in accordance with this Subdivision and the tenant—
  • (a) has failed or refused to enter into an acceptable behaviour agreement as requested by the Corporation, or
  • (b) has entered into such an agreement and has failed to satisfy the Tribunal that the tenant has not seriously or persistently breached the terms of that agreement.

Subdivision 4: Breach of Agreement

154A Termination notice for non-payment of amount payable on variation or cancellation of rent rebate

• If a tenant owes a landlord under a social housing tenancy agreement a debt arising under section 57 of the Housing Act 2001 or otherwise as a consequence of the variation or cancellation of a rent rebate, sections 87, 88 and 89 apply as if the amount owed were rent and the failure to pay were a breach of the agreement.

154B Tribunal must have regard to breaches of prior social housing tenancy agreements and to series of breaches

• (1) In determining under section 87 whether to terminate a social housing tenancy agreement on the ground of a breach of the agreement by the tenant, the Tribunal must have regard to—
  • (a) any breaches by the tenant of a prior social housing tenancy agreement with the same or a different landlord, and
  • (b) whether a series of breaches by the tenant of the social housing tenancy agreement or any prior social housing tenancy agreement with the same or a different landlord justifies termination of the agreement even though, taken alone, the circumstances of each breach would not justify termination of an agreement.
• (2) This section does not limit any other matter that may be considered by the Tribunal under this Act.

154C Scheme for recording strikes against tenant for breaches

• (1) If a landlord under a social housing tenancy agreement is satisfied that a tenant has breached the agreement but is not satisfied that the circumstances of the breach taken alone justify termination of the agreement, the landlord may issue a strike notice to the tenant and record a strike against the tenant.
• (2) A strike notice—
  • (a) must be in writing, and
  • (b) must inform the tenant that a strike has been recorded against the tenant, and
  • (c) must set out details of the alleged breach of the agreement for which the strike has been recorded, and
  • (d) must remind the tenant of any strikes that have been recorded (and not withdrawn) against the tenant within the previous 12 months (including strikes recorded for breach of a prior social housing tenancy agreement with the same or, to the extent that relevant information is known by the landlord, a different landlord), and
  • (e) must warn the tenant that, if a third strike is recorded against the tenant within 12 months, a termination notice may be given to the tenant, and
  • (f) must inform the tenant that, if the tenant disagrees with the statement of details of the alleged breach of the agreement for which the strike has been recorded, or any aspect of those details, the tenant should make submissions to the landlord setting out the grounds of the disagreement, and
  • (g) must specify how the submissions may be made and the date before which they must be made (being a date not less than 21 days after the date of the strike notice), and
  • (h) must inform the tenant that, if the tenant does not make any such submissions, the details of the alleged breach of the agreement set out in the strike notice will be taken, in proceedings before the Tribunal, to have been conclusively proved and the tenant will not be able to challenge the accuracy of those details.
• (3) A landlord may withdraw a strike against a tenant at any time.
• (4) If, after considering submissions made by a tenant as set out in a strike notice, the landlord decides not to withdraw the strike, the landlord must give the tenant a notice in writing—
  • (a) informing the tenant of that decision and that the tenant may apply for review of the strike notice, and
  • (b) specifying how the application may be made and the date before which it must be made (being a date not less than 21 days after the date of the notice).
• (5) If an application for review of a strike notice is made by a tenant, the landlord must refer the matter to a review panel comprised of one or more persons who were not substantially involved in the process of making the decision under review and who are, in the opinion of the landlord, otherwise suitably qualified to deal with the issues raised by the application.
• (6) On a review, the review panel must consider any information submitted by the tenant and may—
  • (a) confirm the strike against the tenant, or
  • (b) require the strike against the tenant to be withdrawn.
• (7) A landlord is bound by a decision of a review panel requiring a strike against a tenant to be withdrawn.
• (8) A landlord must, on application by a tenant, provide the tenant with information about any strikes recorded (and not withdrawn) against the tenant (unless that information has already been provided to the tenant within the last 3 months and no further strikes have been recorded against the tenant since the information was last provided).
• (9) If 2 strikes have been recorded against the tenant within the previous 12 months and the landlord is satisfied that the tenant has breached the social housing tenancy agreement and that a further strike notice could be issued to the tenant, the landlord may—
  • (a) record a strike against the tenant without issuing a further strike notice, and
  • (b) give a termination notice under section 87 on the basis that the landlord is satisfied that a series of breaches by the tenant of the agreement or any prior social housing tenancy agreement with the same or a different landlord justifies termination of the agreement with the tenant.
• (10) The termination notice—
  • (a) must inform the tenant that a strike has been recorded against the tenant and set out details of the alleged breach of the agreement for which the strike has been recorded, and
  • (b) must remind the tenant of the details of any other strikes relied on by the landlord for giving the notice.

154D Tribunal required to make termination order in certain circumstances

• (1) Subject to subsection (3), the Tribunal must make a termination order on the application of a landlord under a social housing tenancy agreement if—
  • (a) an application for the order is made under section 90 and the Tribunal is satisfied of the matters set out in section 90(1)(b) and the injury constitutes grievous bodily harm within the meaning of the Crimes Act 1900, or
  • (b) an application for the order is made under section 91 and the Tribunal is satisfied of the matters set out in section 91(1)(a), or
  • (c) an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) to be used for the purposes of—
    • (i) storing a firearm for which a licence or permit is not held under the Firearms Act 1996, or
    • (ii) a show cause offence within the meaning of the Bail Act 2013,
    • and the tenant or other person has been charged with an offence relating to those circumstances (whether or not the person is or has been found guilty of the offence).
• (2) Subject to subsection (3), the Tribunal must make a termination order on the application of a landlord if—
  • (a) an application for the order is made under section 90 and the Tribunal is satisfied of the matters set out in section 90(1) (and subsection (1) of this section does not apply), or
  • (b) an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) to be used—
    • (i) as a brothel within the meaning of the Environmental Planning and Assessment Act 1979, or
    • (ii) for the purposes of an offence against section 91H (Production, dissemination or possession of child abuse material) of the Crimes Act 1900, or
    • (iii) for the purposes of an offence against section 154G (Facilitating organised car or boat rebirthing activities) of the Crimes Act 1900, or
    • (c) an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) to be used for any other unlawful purpose and that the use is sufficient to justify the termination.
• (3) However—
  • (a) subsection (1)(a) does not apply if the application for the termination order is based on an act of a person who although not a tenant is occupying or jointly occupying the residential premises and not on an act of the tenant, and
  • (b) subsections (1) and (2) do not apply if the Tribunal is satisfied that the termination order would be likely to result in undue hardship being suffered by a child, a person in whose favour an apprehended violence order could be made or a person suffering from a disability within the meaning of the Anti-Discrimination Act 1977 who is occupying or jointly occupying the social housing premises, and
  • (c) subsection (2) does not apply if the tenant satisfies the Tribunal that there are other exceptional circumstances that justify the order not being made.
• (4) For the purposes of the application of section 91(1)(b) to social housing premises under this section—
  • (a) the reference to residential premises in section 91(1)(b) is to be taken to be a reference to the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others), and
  • (b) if the Tribunal is satisfied that an offence of a kind referred to in subsection (1)(c) or (2)(b) has been committed by a person on the social housing premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others), the Tribunal must assume that—
    • (i) the premises or property has been used for an unlawful purpose, and
    • (ii) the use is sufficient to justify termination of the agreement.
• (5) If the Tribunal does not make a termination order as a consequence of subsection (3), the Tribunal must provide written reasons for the decision.

154E Exercise of discretion to make termination order

• (1) In considering whether to make a termination order for a social housing tenancy agreement, the Tribunal must have regard to the following—
  • (a) the effect the tenancy has had on neighbouring residents or other persons,
  • (b) the likelihood that neighbouring residents or other persons will suffer serious adverse effects in the future if the tenancy is not terminated,
  • (c) the landlord’s responsibility to its other tenants,
  • (d) the history of the current tenancy and any prior tenancy arising under a social housing tenancy agreement with the same or a different landlord,
  • (e) whether the tenant, wilfully or otherwise, is or has been in breach of an order of the Tribunal.
• (2) This section does not limit any other matter that may be considered by the Tribunal under this Act.

154F Neighbourhood impact statement

• (1) If the Tribunal finds that a tenant under a social housing tenancy agreement has breached the agreement and the Tribunal is considering whether to make a termination order, the Tribunal is to give the landlord an opportunity to submit a neighbourhood impact statement and is to have regard to any such statement that is submitted.
• (2) A neighbourhood impact statement—
  • (a) is a summary of statements made by neighbouring residents or other persons relevant to the requirement for the Tribunal to have regard to the effect the tenancy has had on them, and
  • (b) should not identify the neighbouring residents or other persons.
• (3) Every effort must be made in the proceedings to ensure that information tending to identify a neighbouring resident or other person who has made a statement that is summarised in a neighbourhood impact statement is not disclosed in the proceedings without the consent of that person.

Subdivision 5: Miscellaneous

154FA Termination by Tribunal in certain cases of tenant fraud

• (1) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation.
• (2) The Tribunal must, on application by the landlord, make a termination order if it is satisfied that the tenant has been found guilty of an offence under section 69 or 69A of the Housing Act 2001.
• (3) Before making an application, the landlord must advise the tenant, by notice in writing, of the decision to do so and the grounds on which the application is to be made. However, the landlord may make an application under this section without giving the tenant a termination notice.
• (4) The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the social housing tenancy agreement is a fixed term agreement.
• (5) The Tribunal is not required to make a termination order under this section if the tenant satisfies the Tribunal that there are exceptional circumstances that justify the order not being made.
• (6) If the Tribunal does not make a termination order as a consequence of subsection (5), the Tribunal must provide written reasons for the decision.

154G Order for possession

• (1) If an order is made for termination of a social housing tenancy agreement, the order for possession must not specify a day that the order for possession is to take effect that is later than 28 days after the day on which the termination order is made unless the Tribunal is satisfied that there are exceptional circumstances justifying a later day.
• (2) The order for possession cannot be suspended for a period that would result in it taking effect later than 28 days after the day on which the termination order was made unless the Tribunal is satisfied that there are exceptional circumstances justifying a longer period of suspension.

Division 6: Exemption

156 Head leases involving social housing providers

• (1) A residential tenancy agreement is exempted from the operation of this Act if—
  • (a) under the agreement, the landlord is a social housing provider (the head landlord) who lets the premises to a tenant who is a social housing provider, and
  • (b) the agreement is in writing and the agreement states that this section applies to the agreement.
• (2) If the tenant ceases to be a social housing provider during the currency of the term of the residential tenancy agreement, the exemption under this section does not cease to have effect until 6 months after the date the tenant ceases to be a social housing provider.

Division 7: Evidentiary Certificates

156A Evidentiary certificate for strike notice

• (1) In proceedings before the Tribunal, a landlord under a social housing tenancy agreement may submit a certificate certifying as to—
  • (a) the issuing of a strike notice to the tenant, and
  • (b) the details of the alleged breach of the agreement set out in the strike notice, and
  • (c) whether or not the tenant made submissions as allowed for in the strike notice, and
  • (d) whether or not the tenant made an application for review of the strike notice and the outcome of any such review.
• (2) Subject to subsection (3), in proceedings before the Tribunal, a certificate under subsection (1) constitutes proof, in the absence of proof to the contrary, of the matters certified in the certificate.
• (3) If, in proceedings before the Tribunal, the Tribunal is satisfied that the tenant was issued a strike notice and did not make submissions as allowed for in the strike notice, a certificate under subsection (1) constitutes conclusive proof of the matters certified in the certificate under subsection (1)(b).

156B Evidentiary certificate of cost of work

• In proceedings before the Tribunal—
  • (a) a landlord under a social housing tenancy agreement may submit a certificate certifying as to the cost of work undertaken by the landlord on or in connection with the social housing premises, and
  • (b) the Tribunal must accept the certificate as conclusive proof of the reasonable cost of the work.

Division 8: Rental Bonds

156C Termination notice for non-payment of rental bond

• (1) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
• (2) A landlord may give a termination notice to a tenant if the tenant fails to pay all or part of a rental bond.
• (3) A termination notice may be given under this section whether the tenant was required to pay the rental bond at the time the tenant entered into the social housing tenancy agreement or at a later time.
• (4) The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.
• (5) The termination notice may specify a termination date that is before the end of the fixed term of the social housing tenancy agreement if it is a fixed term agreement.
• (6) Sections 88 and 89(1)–(4) apply to a failure to pay a rental bond in the same way as they apply to a failure to pay rent under a residential tenancy agreement. For that purpose, a reference in those sections to rent is to be read as a reference to a rental bond and a reference to a non-payment termination notice is to be read as a termination notice under this section.

156D Payment of rental bond during social housing tenancy agreements

• (1) This section applies to social housing tenancy agreements under which the landlord is the New South Wales Land and Housing Corporation or the Aboriginal Housing Office.
• (2) A landlord may, at any time before the end of a social housing tenancy agreement, require the tenant to pay a rental bond in accordance with Part 8.
  • Note—
    • Part 8 applies to a rental bond required to be paid under this section in the same way as it applies to a rental bond required to be paid under the original terms of a residential tenancy agreement.
• (3) A tenant may be required to pay a rental bond under this section only if—
  • (a) the tenant did not pay a rental bond at the time the tenant entered into the social housing tenancy agreement, and
  • (b) the tenant belongs to a class of tenant specified in the rental bond guidelines, and
  • (c) the tenant is given a written notice by the landlord or the landlord’s agent specifying the amount of the rental bond payable and the day by which it must be paid, and
  • (d) the notice is given at least 14 days before the rental bond is payable, and
  • (e) the amount of the rental bond is determined in accordance with the rental bond guidelines.
• (4) This section does not affect the right of a landlord under Part 8 to require a tenant to pay a rental bond at the time the tenant enters into a residential tenancy agreement.
• (5) The rental bond guidelines are to be made publicly available.
• (6) A copy of the rental bond guidelines is to be provided, on request, to any tenant to which this section applies free of charge and to other persons either free of charge or on payment of reasonable copying charges.
• (7) In this section, rental bond guidelines means any guidelines approved by the Minister for the purposes of this section.

This format provides a structured and detailed view of Part 7, highlighting key provisions and their implications for social housing tenancy agreements. If you need further details or a different format, feel free to ask!