Queensland: Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Residential Tenancies and Rooming Accommodation Act 2008 An Act about residential tenancy agreements, rooming accommodation agreements, and related matters Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Residential Tenancies and Rooming Accommodation Act 2008. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, some provisions of this Act do not apply to the State. Examples of provisions not applying to State— 1 section 91 (Rent increases) 2 section 92 (Tenant's application to tribunal about rent increase) 3 section 163 (Outgoings other than service charges) (3) Nothing in this Act makes the Commonwealth or a State liable to be prosecuted for an offence. 4 Rights and remedies of persons (1) A right or remedy given to a person under this Act is in addition to, and not in substitution for, a right or remedy the person would have apart from this Act. (2) Without limiting subsection (1), this Act does not operate to reduce the effect of a right or remedy a person would have apart from this Act. (3) In subsections (1) and (2), a reference to a right or remedy a person would have apart from this Act is a reference to a right or remedy that is not inconsistent with this Act. Part 2 Objects of Act 5 Objects of Act (1) The main objects of this Act are to state the rights and obligations of— (a) tenants, lessors and agents for residential tenancies; and (b) residents, providers and agents for rooming accommodation. (2) The objects are mainly achieved by— (a) regulating the making, content, operation and ending of residential tenancy agreements and rooming accommodation agreements; and (b) providing for the resolution of disputes about residential tenancy agreements and rooming accommodation agreements; and (c) providing for the authority to receive, hold and pay rental bonds; and (d) providing for compliance with this Act to be monitored and enforced; and (e) providing for the establishment, functions and powers of the authority. Part 3 Interpretation Division 1 Location of definitions 6 Definitions and dictionary (1) The dictionary in schedule 2 defines particular words used in this Act. (2) The key terms and definitions found elsewhere in the Act are signposted in the dictionary. Division 2 Meaning of key terms for residential tenancies 7 Caravan (1) A caravan is a trailer— (a) designed principally for residential purposes; and (b) designed to be attached to and towed by a self-propelled vehicle; and (c) that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads. (2) Also, a caravan is something— (a) not fitted with wheels; and (b) not designed for permanent attachment to land but designed for attachment to a motor vehicle and for use for residential purposes. (3) In addition, a caravan is a self-propelled vehicle— (a) that— (i) is designed to be used both as a vehicle and for residential purposes; or (ii) was designed to be used solely as a vehicle but has been modified to be suitable for use both as a vehicle and for residential purposes; and (b) that, as originally designed, was capable of being registered under a law of the State about the use of vehicles on public roads. 8 Lessor (1) A lessor is the person who gives the right to occupy residential premises under a residential tenancy agreement. Note— Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessor includes a reference to the person's personal representatives, successors and assigns. (2) A lessor also includes— (a) the person who is to give the right to occupy residential premises under a proposed residential tenancy agreement; and (b) a tenant who has given, or is to give, the right to occupy residential premises to a subtenant. 9 Premises (1) Premises, for a residential tenancy, include a part of premises and land occupied with premises. (2) Premises, for a residential tenancy, also include— (a) a caravan or its site, or both the caravan and site; and (b) a manufactured home in, or intended to be situated in, a moveable dwelling park or its site, or both the manufactured home and site; and (c) a houseboat. 10 Residential premises Residential premises are premises used, or intended to be used, as a place of residence or mainly as a place of residence. 11 Residential tenancy A residential tenancy is the right to occupy residential premises under a residential tenancy agreement. 12 Residential tenancy agreement (1) A residential tenancy agreement is an agreement under which a person gives to someone else a right to occupy residential premises as a residence. (2) Subsection (1) applies whether or not the right is a right of exclusive occupation. (3) Subsection (1) also applies whether the agreement is— (a) wholly in writing, wholly oral or wholly implied; or (b) partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms. (4) An agreement is not a residential tenancy agreement if it is a rooming accommodation agreement. (5) However, an agreement is a residential tenancy agreement if it is taken to be a residential tenancy agreement under section 18. 13 Tenant (1) A tenant is the person to whom the right to occupy residential premises under a residential tenancy agreement is given. Note— Under the Acts Interpretation Act 1954, section 35A, a reference in an Act to a person as lessee includes a reference to the person's personal representatives, successors and assigns. Under schedule 1 of that Act, a lessee includes a tenant. (2) A tenant also includes— (a) the person to whom the right to occupy residential premises is to be given under a proposed residential tenancy agreement; and (b) the subtenant of a tenant. Division 3 Meaning of key terms for rooming accommodation 14 Resident Resident means a person— (a) who, in rental premises, occupies 1 or more rooms as the person's only or main residence; and (b) who is not— (i) the provider; or (ii) a relative of the provider. 15 Rooming accommodation (1) Rooming accommodation is accommodation occupied or available for occupation by residents, in return for the payment of rent, if each of the residents— (a) has a right to occupy 1 or more rooms; and (b) does not have a right to occupy the whole of the premises in which the rooms are situated; and (c) does not occupy a self-contained unit; and (d) shares other rooms, or facilities outside of the resident's room, with 1 or more of the other residents. Example for paragraph (d)— a boarding house in which each of the residents occupies a room and shares a bathroom, kitchen, dining room and common room with the other residents (2) For subsection (1), it is immaterial whether or not— (a) the rooms are in the same premises; or (b) the resident is provided with a food service, personal care service or other service. 16 Rooming accommodation agreement (1) A rooming accommodation agreement is an agreement under which a provider provides rooming accommodation to a resident in rental premises. (2) Subsection (1) applies whether the agreement is— (a) entirely in writing, entirely oral or entirely implied; or (b) partly in a form mentioned in paragraph (a) and partly in 1 or both of the other forms. (3) However, an agreement is not a rooming accommodation agreement if it is taken to be a residential tenancy agreement under section 18. 17 Provider A provider is a person who provides rooming accommodation to residents. Division 4 Prescribed minimum housing standards 17A Prescribed minimum housing standards (1) A prescribed minimum housing standard means a standard prescribed by a regulation. (2) A regulation may prescribe minimum housing standards for— (a) a residential premises let, or to be let, under a residential tenancy agreement; or (b) premises in which rooming accommodation is, or is to be, provided; or (c) inclusions for premises mentioned in paragraph (a) or (b); or (d) facilities in a moveable dwelling park. (3) A prescribed minimum housing standard may be about any matter relating to the premises, inclusions or facilities mentioned in subsection (2), including, for example, the following— (a) sanitation, drainage, cleanliness and repair of the premises, inclusions or facilities; (b) ventilation and insulation; (c) protection from damp and its effects; (d) construction, condition, structures, safety and situation of the premises, inclusions or facilities; (e) the dimensions of rooms in the premises; (f) privacy and security; (g) provision of water supply, storage and sanitary facilities; (h) laundry and cooking facilities; (i) lighting; (j) freedom from vermin infestation; (k) energy efficiency. (4) If a regulation made under subsection (2) makes provision in relation to a matter and provision is also made in relation to that matter by, or under, any Act, the regulation— (a) if not inconsistent with the Act, must be observed in addition to that Act; and (b) if inconsistent with the Act, is, to the extent of the inconsistency, of no force or effect and that Act prevails. Example of inconsistency between a prescribed minimum housing standard and an Act— A prescribed minimum housing standard, that purports to require a lessor to keep residential premises and inclusions clean after the start of a tenancy, is inconsistent with the obligations of a tenant under section 188(2). (5) A regulation may also prescribe how compliance with minimum housing standards is to be monitored and enforced. Part 4 Application and operation of Act Division 1 Matters relating to residential tenancies and rooming accommodation 18 Opting in as residential tenancy agreement (1) This section applies to rooming accommodation to which this Act applies. (2) If the parties to an agreement for the accommodation sign the agreement stating that it is a residential tenancy agreement, the agreement is taken to be a residential tenancy agreement. (3) This Act applies to the agreement despite section 32(1). (4) A person does not contract out of the provisions of this Act merely because the person signs an agreement under subsection (2). 19 References to agreements In this Act, unless a contrary intention appears, a reference to an agreement is— (a) for a residential tenancy, a reference to a residential tenancy agreement to which this Act applies; or (b) for rooming accommodation, a reference to a rooming accommodation agreement to which this Act applies. 20 Reference to lessors and tenants In this Act, unless a contrary intention appears, a reference to a lessor or tenant is a reference to a lessor or tenant under a residential tenancy agreement to which this Act applies. 21 Reference to providers and residents In this Act, unless a contrary intention appears, a reference to a provider or resident is a reference to a provider or resident under a rooming accommodation agreement to which this Act applies. 22 References to premises In this Act, unless a contrary intention appears, a reference to premises is a reference to a residential premises under a residential tenancy agreement to which this Act applies. 23 References to tenancies In this Act, unless a contrary intention appears, a reference to a tenancy or residential tenancy is a reference to a residential tenancy under a residential tenancy agreement to which this Act applies. 24 Provision stating that lessor or lessor's agent or provider or provider's agent must do something (1) This section applies to a provision of this Act stating that the lessor or lessor's agent must do something (the required act). (2) The reference in the provision to the lessor's agent is a reference to a person who is the agent of the lessor to do the required act. (3) If the required act is done, whether by the agent or personally by the lessor, both the lessor and the agent are taken to have complied with the provision. (4) If the required act is omitted to be done, both the lessor and the agent are taken to have contravened the provision and, if the contravention is an offence— (a) each of them may be dealt with for the offence; and (b) section 512(3) applies to a proceeding for the offence. (5) In this section— (a) a reference to the lessor is taken to include a reference to the provider; and (b) a reference to the lessor's agent is taken to be a reference to the provider's agent. 25 Lessor's or provider's agent A reference in a provision of this Act to something being done by a lessor or provider, without mentioning an agent of the lessor or provider, does not, by implication, limit the extent to which the thing may be done by an agent of the lessor or provider. 26 State as lessor (1) This Act does not apply to a lease, even if the lease is for, or for purposes that include, residential purposes, if— (a) the lease is granted under the authority of an authorising law; and (b) the State is the lessor. (2) Also, this Act does not apply to a lease if the lease is for, or for purposes that include, residential purposes if— (a) the lease is entered into by the parties to a contract of sale under a term of the contract; and (b) the lease relates to land for a project the subject of a direction under the State Development and Public Works Organisation Act 1971, section 100; and (c) the lessor is the entity the subject of the direction, or the entity's successor in title; and (d) the lessee is a seller under the contract of sale. (3) However, if the lessee sublets the land or a part of the land, under the authorising law, this Act applies to the sublease to the extent to which this Act is not inconsistent with the authorising law. (4) To remove any doubt, it is declared that this Act does not apply to a long-term lease entered into or granted by the South Bank Corporation in relation to premises within the South Bank corporation area even if the lease is for, or for purposes that include, residential purposes. (5) However, if the lessee of a lease mentioned in subsection (4) sublets the land or a part of the land for, or for purposes that include, residential purposes, this Act applies to the sublease. (6) In this section— authorising law means an Act other than this Act, the repealed State Housing Act 1945 or the Housing Act 2003. long-term lease means— (a) a lease for a term, including renewal options, of at least 100 years; or (b) a perpetual lease as defined under the South Bank Corporation Act 1989. South Bank corporation area means the corporation area as defined under the South Bank Corporation Act 1989. 27 Application of Property Law Act to agreements (1) The Property Law Act 1974 does not apply to residential tenancy agreements. (2) Nothing in subsection (1) affects the application of the Property Law Act 1974 to an agreement about a tenancy if the agreement is not a residential tenancy agreement. 28 Minor has capacity to enter into agreements (1) A minor has the capacity to enter into a residential tenancy agreement or rooming accommodation agreement. (2) An agreement entered into by a minor is enforceable in the same way as if the agreement had been entered into by an adult. Division 2 Residential tenancy agreements to which this Act applies and does not apply 29 Act applies to certain residential tenancy agreements etc. (1) This Act applies to residential tenancy agreements and to— (a) lessors, tenants and their respective rights and obligations under residential tenancy agreements; and (b) premises under residential tenancy agreements; and (c) a tenancy under a residential tenancy agreement. (2) However, this Act does not apply to all residential tenancy agreements. Examples of residential tenancy agreements to which this Act does not apply— 1 Under section 26, this Act does not apply to a lease given by the State under certain other Acts. 2 Under section 31, this Act does not apply to an agreement giving a right of occupancy for holiday purposes. 3 Under sections 32 and 44A, this Act generally does not apply to an agreement if the tenant or resident is a boarder or lodger. 4 Under sections 33 and 34, this Act generally does not apply to an agreement for premises that are part of an educational institution, hospital, nursing home or retirement village. 5 Under section 36, this Act does not apply to certain agreements under which the tenant is being supplied with temporary refuge accommodation. 6 Under section 37, this Act does not apply to agreements under the Manufactured Homes (Residential Parks) Act 2003. 7 Under sections 521, 522, 523 and 524, this Act does not apply to certain long-term leases. 30 Contracts of sale and mortgages This Act does not apply to an agreement for a tenancy if the tenancy is created or arises— (a) between the parties to a contract of sale of residential premises under a term of the contract and the tenancy is for a period of 28 days or less; or (b) between the parties to a mortgage of residential premises under a term of the mortgage. 31 Premises used for holidays (1) This Act does not apply to a residential tenancy agreement if the right of occupancy of the premises is given for holiday purposes. (2) For subsection (1), a right to occupy premises given for 6 weeks or longer is taken not to be given for holiday purposes unless the contrary is proved. 32 Boarders and lodgers (1) This Act does not apply to a residential tenancy agreement if the tenant is a boarder or lodger. (2) However, if a rental bond is paid for a residential tenancy agreement under which the tenant is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement. Note— See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger. 33 Educational institutions (1) This Act does not apply to a residential tenancy agreement for premises used for— (a) accommodation for school students— (i) provided as part of, or under an agreement with, a school; or (ii) arranged by a school for students of another school; or (iii) provided with financial assistance from the education department; or (b) accommodation for students within the external boundary of a registered higher education provider's campus provided— (i) by the registered higher education provider; or (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit. (2) Subsection (1)(b)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a registered higher education provider's campus. (3) Despite subsection (1), if a rental bond is paid for a residential tenancy within the external boundary of a registered higher education provider's campus, the provisions of this Act about rental bonds apply to the agreement. 34 Hospitals, nursing homes and retirement villages (1) This Act does not apply to a residential tenancy agreement for premises that are part of a hospital, nursing home or retirement village. (2) However, this Act applies to a residential tenancy agreement for premises mentioned in subsection (1) if— (a) the premises are used as a person's place of residence under the person's employment at the hospital, nursing home or retirement village; or (b) the premises are used as a person's place of residence at the retirement village and the person resides in the premises other than under— (i) a residence contract under the Retirement Villages Act 1999; or (ii) section 70B of the Retirement Villages Act 1999. 35 Rental purchase plan agreements This Act does not apply to residential tenancy agreements that are rental purchase plan agreements. 36 Temporary refuge accommodation This Act does not apply to a residential tenancy agreement if the tenant is being supplied with temporary refuge accommodation at the premises and the accommodation is not approved supported accommodation. 37 Agreements under Manufactured Homes (Residential Parks) Act 2003 (1) This Act does not apply to a residential tenancy agreement if the agreement is a site agreement. (2) However, subsection (1) does not prevent this Act from applying to a subsequent agreement. (3) In this section— subsequent agreement means an agreement under which a home owner becomes a lessor under this Act. 38 Headleases for employee housing (1) This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a corporation as tenant for the purpose of subletting the premises to an employee of the tenant. (2) Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to an employee of the tenant. (3) This section applies only to a headlease entered into after the commencement of this section. 39 Headleases for affordable housing agreements (1) This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by the Commonwealth, the State, a local government or a non-profit corporation as tenant for the purpose of subletting the premises to a person under an affordable housing scheme. (2) Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person whose right of occupancy arises under an affordable housing scheme. 40 Hotels and motels This Act applies to a residential tenancy agreement even if the premises are part of a hotel or motel. 41 Headleases for approved supported accommodation (1) This Act does not apply to an agreement relating to the letting of premises (the headlease) entered into by an entity as tenant for the purpose of using the premises to provide approved supported accommodation. (2) Subsection (1) does not prevent this Act from applying to a residential tenancy agreement under which the tenant under the headlease lets the premises to a person to provide the person with approved supported accommodation. (3) Despite subsection (2), this Act does not apply to an agreement under which the tenant's right of occupancy arises out of approved supported accommodation if the tenant has occupied the premises under the agreement for a continuous period of not more than 13 weeks. (4) If the tenant under an agreement about approved supported accommodation has occupied the premises under the agreement for a continuous period of more than 13 weeks, the Act applies to the agreement as if the tenant's occupancy started on the day after the 13 week period ended. 42 [Repealed] Division 3 Rooming accommodation agreements to which this Act applies and does not apply 43 Act applies to certain rooming accommodation agreements etc. (1) This Act applies to rooming accommodation agreements and to— (a) providers, residents and their respective rights and obligations under rooming accommodation agreements; and (b) rental premises under rooming accommodation agreements. (2) However, this Act does not apply to all rooming accommodation agreements. 44 Rooming accommodation agreements to which Act does not apply (1) The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation— (a) accommodation provided by a person in premises if— (i) the premises are the person's only or main place of residence; and (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents; (b) aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth); (ba) accommodation provided at the forensic disability service under the Forensic Disability Act 2011; (c) accommodation provided at an authorised mental health service under the Mental Health Act 2016; (d) accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999; (e) accommodation for school students— (i) provided as part of, or under an agreement with, a school; or (ii) arranged by a school for students of another school; or (iii) provided with financial assistance from the education department; (f) accommodation for students within the external boundaries of a registered higher education provider's campus provided— (i) by the registered higher education provider; or (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; (g) accommodation provided to holiday makers or travellers; Examples— motel, bed and breakfast facility, backpackers' hostel (h) accommodation provided under the program known as the Supported Accommodation Assistance Program; (i) accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; (j) accommodation for a person at a retirement village if the person resides in the accommodation under— (i) a residence contract under the Retirement Villages Act 1999; or (ii) section 70B of the Retirement Villages Act 1999; (k) other accommodation prescribed under a regulation not to be rooming accommodation. (2) Subsection (1)(f)(ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university's campus. (3) Despite subsection (1), if a rental bond is paid for rooming accommodation mentioned in subsection (1)(a) or (f), the provisions of this Act about rental bonds apply to the agreement. (4) For subsection (1)(g), a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved. 44A Boarders and lodgers (1) This Act does not apply to a rooming accommodation agreement if the resident is a boarder or lodger. (2) However, if a rental bond is paid for a rooming accommodation agreement under which the resident is a boarder or lodger, the provisions of this Act about rental bonds apply to the agreement. Note— See section 433 for the matters to which the tribunal must have regard in deciding whether a person is a boarder or lodger. Division 4 Moveable dwelling premises 45 Application of div 4 This division applies only to agreements for moveable dwelling premises. 46 Purpose of division (1) This division provides for the classifying of tenancies of moveable dwelling premises as either short or long tenancies. (2) For some matters, the way this Act applies to a residential tenancy of moveable dwelling premises depends on whether the tenancy is a short or long tenancy. Examples— 1 Section 61 (which requires written agreements) applies to a long tenancy (moveable dwelling), but does not apply to a short tenancy (moveable dwelling). 2 Section 68 requires a copy of park rules to be given to the tenant at different times depending on whether the tenancy is a long tenancy (moveable dwelling) or short tenancy (moveable dwelling). 47 Short tenancy statements (1) If the lessor and tenant intend that the tenant's occupation of the premises is not to continue for more than 42 days (the base period), they may make a written statement to that effect (the short tenancy statement). (2) The short tenancy statement must be made before, or when, the tenancy starts. 48 Extending short tenancy statements (1) If the parties make a short tenancy statement, they may make another written statement (the short tenancy (extension) statement) agreeing that this Act should continue to apply to the tenancy for another period stated in the statement (the extended period) in the same way it applies during the base period. (2) A short tenancy (extension) statement may only be made in the base period. (3) Only 1 short tenancy (extension) statement may be made about the tenancy. (4) The extended period may not be more than 42 days. 49 Setting aside short tenancy (extension) statements (1) If the parties made a short tenancy (extension) statement, the tenant may apply to a tribunal for an order setting aside the statement because the lessor exerted undue influence on the tenant to make the statement. (2) The tribunal may make the order if it is satisfied the tenant has established the ground of the application. 50 Short tenancies For any period for which a short tenancy statement or short tenancy (extension) statement applies to the tenancy, the tenancy is a short tenancy (moveable dwelling). 51 Long tenancies If the tenancy is not a short tenancy (moveable dwelling), it is a long tenancy (moveable dwelling). Chapter 2 Residential tenancy agreements and rooming accommodation agreements Part 1 Agreements Division 1 Residential tenancy agreements Subdivision 1 General provisions 52 Terms of agreements include duties under Act etc. (1) If, under this Act, a duty is imposed on, or an entitlement is given to, a lessor or tenant, the duty or entitlement is taken to be included as a term of the residential tenancy agreement. (2) For premises, other than moveable dwelling premises, the by-laws under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980 for the time being in force, that apply to the occupation of the premises by the tenant, are also taken to be included as terms of the agreement. (3) If the premises are moveable dwelling premises in a moveable dwelling park, any park rules for the time being in force are also taken to be included as terms of the agreement. (4) If there is a conciliation agreement in force about the residential tenancy agreement, the terms of the conciliation agreement are also taken to be included as terms of the residential tenancy agreement. (5) This section applies even if the duty, entitlement or rule is not included as a term of a written agreement. 53 Contracting out prohibited (1) An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a residential tenancy agreement. (2) A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Maximum penalty—50 penalty units. (3) In this section— agreement includes an agreement that is not a residential tenancy agreement. 54 Inconsistency (1) If a provision of this Act is inconsistent with a term of a residential tenancy agreement, the provision prevails and the term is void to the extent of the inconsistency. (2) If a standard term of a residential tenancy agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency. 55 Standard terms (1) A regulation may prescribe terms for inclusion in a residential tenancy agreement. (2) The terms prescribed for this section are the standard terms of a residential tenancy agreement. 56 Special terms The special terms, of a residential tenancy agreement, are the terms of the agreement that are not— (a) standard terms; or (b) terms included in the agreement under section 52(1). 57 Offer of residential tenancy must be for rent at a fixed amount (1) A person must not advertise or otherwise offer a residential tenancy for premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the premises. Maximum penalty—50 penalty units. (2) A person must not accept a rental bond from the tenant of premises if the residential tenancy for the premises was advertised or offered without stating a fixed amount of rent for the premises. Maximum penalty—50 penalty units. (3) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for a residential tenancy for premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the premises. Maximum penalty—50 penalty units. (4) A person does not contravene this section merely by placing a sign on or near premises advertising or offering a residential tenancy for the premises without stating the amount of rent for the premises on the sign. 57A Offer of residential tenancy must disclose particular information (1) A lessor or lessor's agent must not advertise or otherwise offer a residential tenancy for premises unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer. Maximum penalty—20 penalty units. (2) A lessor or lessor's agent must not accept a rental bond from a tenant of premises if the residential tenancy for the premises was advertised or otherwise offered in contravention of subsection (1). Maximum penalty—20 penalty units. (3) This section does not apply to a person merely placing a sign on or near premises advertising that the premises are available for residential tenancy. 57AA Offer of residential tenancy—limitation on rent in advance (1) This section applies if a residential tenancy for premises is advertised or otherwise offered by a lessor or lessor's agent. (2) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount of rent in advance for the premises that is more than the amount required under section 87(1). Maximum penalty—50 penalty units. 58 Lessor must give particular information to prospective tenant (1) The lessor or lessor's agent must give a prospective tenant for a residential tenancy the document prepared for section 61, and any other information prescribed by regulation, before doing any of the following— (a) accepting a document from the prospective tenant that commits the tenant— (i) to enter into the tenancy; or (ii) to pay an amount in relation to the tenancy; (b) accepting an amount in relation to the tenancy; (c) entering into a residential tenancy agreement for the tenancy. Maximum penalty—20 penalty units. (2) For subsection (1)(b), a person is not taken to accept an amount in relation to a tenancy if the only amount the person accepts is a key deposit. (3) This section does not apply to an agreement for a short tenancy (moveable dwelling). 59 Restriction on amounts that may be taken from prospective tenant The lessor or lessor's agent must not take an amount from a prospective tenant for a residential tenancy other than the following— (a) a key deposit; (b) a holding deposit; (c) a rental bond; (d) rent. Maximum penalty—20 penalty units. 60 Orders of tribunal relating to noncompliance with s 58 or 59 (1) Subsection (2) applies if a tenant or prospective tenant believes that the lessor or lessor's agent has contravened or failed to comply with section 58 or 59. (2) The tenant or prospective tenant may apply to the tribunal for an order about the contravention or failure to comply. (3) The tribunal may make 1 or more of the following orders— (a) that the lessor or lessor's agent pay an amount to the tenant or prospective tenant; (b) that a residential tenancy agreement entered into is of no effect; (c) an order varying the terms of the residential tenancy agreement; (d) any other order the tribunal considers appropriate. 61 Written agreements required (1) The lessor or lessor's agent must ensure a residential tenancy agreement is in writing to the extent, and in the way, required by this section. Maximum penalty—20 penalty units. (2) The written agreement must— (a) include the standard terms for the agreement; and (b) include any special terms of the agreement; and (c) include the day the rent for the premises was last increased, within the meaning of section 93, at the time the agreement is entered into. (2A) However, subsection (2)(c) does not apply if the lessor is an exempt lessor. (3) If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the premises) the agreement is taken to include the standard term only if the information is properly included. (4) The agreement must be written in a clear and precise way. (5) The costs of preparing the agreement are payable by the lessor. (6) Nothing in this section— (a) requires the tenant to prepare the written agreement; or (b) affects the enforceability of an agreement that is not in writing. (7) This section does not apply to— (a) an agreement for a short tenancy (moveable dwelling); or (b) a periodic agreement mentioned in section 70(2). 62 Giving, signing and keeping written agreement (1) The lessor or lessor's agent must give the document prepared for section 61 to the tenant for signing on or before the day the tenant occupies the premises under a residential tenancy agreement. Maximum penalty—20 penalty units. (2) Within 5 days after receiving the document, the tenant must sign the document and return it to the lessor or lessor's agent. (3) Within 14 days after receiving the document signed by the tenant, the lessor or lessor's agent must sign the document and return a copy signed by both parties to the tenant. Maximum penalty—10 penalty units. (4) This section does not apply to an agreement for a short tenancy (moveable dwelling). 63 Period lessor or lessor's agent must keep agreement (1) The lessor or lessor's agent must keep a copy of the agreement prepared for section 61 for a period of 1 year after the term of agreement ends. Maximum penalty—20 penalty units. (2) Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement. 64 Orders of tribunal about giving and signing written agreement (1) If the tenant reasonably believes the lessor has contravened section 62(1), the tenant may apply to a tribunal for an order that the lessor give the relevant document to the tenant for signing by a stated day. (2) If the tenant reasonably believes the lessor has contravened section 62(3), the tenant may apply to a tribunal for an order that the lessor sign the relevant document and return a copy of it to the tenant by a stated day. (3) If the lessor reasonably believes the tenant has contravened section 62(2), the lessor may apply to a tribunal for an order that the tenant sign the relevant document and return it to the lessor by a stated day. (4) If, on an application made to a tribunal by the tenant, the lessor fails to satisfy the tribunal that the lessor acted reasonably in failing to comply with section 62(1) or (3), the tribunal may make the order sought. (5) If, on an application made to a tribunal by the lessor, the tenant fails to satisfy the tribunal that the tenant acted reasonably in failing to comply with section 62(2), the tribunal may order the tenant to sign and return the relevant document to the lessor by a stated day. Subdivision 2 Associated documents 65 Condition report at start of tenancy (1) This section applies to a lessor or lessor's agent if the terms of the residential tenancy agreement are required to be in writing. (2) The lessor or agent must on or before the day the tenant occupies the premises under the residential tenancy agreement— (a) prepare, in the approved form, a condition report for the premises and any inclusions; and (b) sign the condition report; and (c) give a copy of the condition report to the tenant. Maximum penalty—20 penalty units. (3) The tenant must, within 7 days after the tenant occupies the premises under the residential tenancy agreement— (a) sign the copy of the condition report given to the tenant; and (b) if the tenant does not agree with the condition report—show the parts of the condition report the tenant disagrees with by marking the copy of the condition report in an appropriate way; and (c) return the copy of the condition report to the lessor or agent. Maximum penalty—20 penalty units. (4) However, if the lessor or agent has not given a copy of the condition report to the tenant before the tenant occupies the premises, subsection (3) applies to the tenant as if a reference to occupying the premises were a reference to receiving the copy. (5) If the tenant returns the copy of the condition report to the lessor or agent under subsection (3), the lessor or agent must make a copy of the condition report and return it to the tenant within 14 days. Maximum penalty—20 penalty units. (6) The lessor or agent must keep, at least until 1 year after the last residential tenancy agreement, to which a condition report relates, ends— (a) the signed copy of the condition report returned to the lessor or agent by the tenant; or (b) if the tenant does not return a signed copy—another copy of the condition report. Maximum penalty—20 penalty units. (7) If the lessor or agent complies with subsection (2) for a residential tenancy agreement (the original agreement), subsections (2) to (5) do not apply in relation to a later residential tenancy agreement (a renewal agreement) that continues the tenant's right to occupy the same premises. (8) Unless a new condition report is prepared for a renewal agreement, the condition report for the original agreement is taken to be the condition report for the renewal agreement at the start of the tenancy. 66 Condition report at end of tenancy (1) This section— (a) applies if a tenant's right to occupy premises ends when a residential tenancy agreement ends; and (b) does not apply if the tenant's right to occupy the premises continues under another residential tenancy agreement. (2) The tenant must, on or before the day the residential tenancy agreement ends— (a) prepare, in the approved form, a condition report for the premises and any inclusions; and (b) sign the condition report; and (c) as soon as practicable after the agreement ends, give a copy of the condition report to the lessor or agent. (3) The lessor or agent must, within 3 business days after receiving the copy of the condition report— (a) sign the copy of the condition report; and (b) if the lessor or agent does not agree with the condition report—show the parts of the condition report the lessor or agent disagrees with by marking the copy of the condition report in an appropriate way; and (c) if the tenant has given a forwarding address to the lessor or agent—make a copy of the condition report and return it to the tenant at the address. (4) The lessor or agent must keep a copy of the condition report signed by both parties for at least 1 year after the agreement ends. 67 Information statement (1) The lessor or lessor's agent must give to the tenant, as required by this section, a statement in the approved form containing information for the benefit of the tenant. Maximum penalty—10 penalty units. (2) Without limiting subsection (1), the information may be about— (a) the duties and entitlements of the lessor and tenant; and (b) the procedures for resolving disputes under the residential tenancy agreement (including conciliation processes); and (c) entities to which issues about the residential tenancy agreement may be referred. (3) For a residential tenancy agreement that is not an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant on the earlier of the following— (a) when the written agreement is given to the tenant for signing; (b) the day the tenant becomes entitled to occupy the premises under the agreement. (4) For a residential tenancy agreement that is an agreement for a short tenancy (moveable dwelling), the statement must be given to the tenant when the tenancy commences. (5) If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsections (1) to (4) do not apply in relation to a later residential tenancy agreement that continues the tenant's right to occupy the same premises. 68 Park rules (1) This section applies only to moveable dwelling premises in a moveable dwelling park. (2) The lessor or lessor's agent must give to the tenant, as required by this section— (a) a copy of the park rules; and (b) if a park rule is changed—a copy of the rule as changed. Maximum penalty—20 penalty units. (3) The copy of the park rules must be given to the tenant— (a) if the tenancy is a long tenancy (moveable dwelling)—when the agreement is given to the tenant for signing; or (b) if the tenancy is a short tenancy (moveable dwelling)—at the start of the agreement. (4) The copy of a park rule as changed must be given to the tenant as soon as practicable after the change takes effect. (5) If a lessor or agent complies with subsection (2) for a tenant under a residential tenancy agreement, subsections (2)(a) and (3) do not apply in relation to a later residential tenancy agreement that continues the tenant's right to occupy the same premises. 69 Body corporate by-laws (1) If body corporate by-laws are to apply to the occupation of premises by a tenant, the lessor or lessor's agent must give the tenant a copy of the relevant by-laws, when giving the written agreement to the tenant for signing. Maximum penalty—20 penalty units. (2) If a lessor or agent complies with subsection (1) for a tenant under a residential tenancy agreement, subsection (1) does not apply in relation to a later residential tenancy agreement that continues the tenant's right to occupy the same premises. Subdivision 3 Fixed term agreements 70 Continuation of fixed term agreements (1) This section applies to a residential tenancy agreement if— (a) it creates a residential tenancy for a fixed term; and (b) none of the following notices is given, or agreements or applications made before the day the term ends (the end day)— (i) a notice to leave; (ii) a notice of intention to leave; (iii) an abandonment termination notice; (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A; (v) a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277(a). (2) After the end day, the agreement continues to apply— (a) on the same terms on which it applied immediately before the end day (other than any term about the agreement's term); and (b) on the basis the tenant is holding over under a periodic agreement. (3) This section does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term. (4) This section does not apply to a residential tenancy agreement if the tenancy is a short tenancy (moveable dwelling). Note— An agreement ends in the circumstances stated in section 277. 71 Tenant may apply to tribunal about significant change in subsequent agreement (1) This section applies if— (a) an agreement (the existing agreement) between a lessor and tenant creates a residential tenancy for premises; and (b) the lessor of the premises enters into a new agreement with the tenant (the new agreement) for the premises that starts after the end of the existing agreement; and (c) the new agreement contains 1 or more significant changes to the terms of the existing agreement; and (d) at least 1 of the tenants mentioned in the existing agreement is a tenant for the new agreement. (2) Also, this section applies whether or not the lessor for the existing agreement and the lessor for the new agreement are the same person. (3) If the tenant considers the significant change is unreasonable, the tenant may apply to a tribunal for an order under this section. (4) The application must be made within 30 days after the tenant enters into the new agreement. (5) If the significant change relates to an increase in rent, the tribunal may reduce the rent payable under the agreement. (6) In deciding an application that relates to an increase in rent, the tribunal must have regard to the following— (a) the range of market rents usually charged for comparable premises; (b) the proposed increased rent compared to the current rent; (c) the state of repair of the premises; (d) the term of the tenancy; (e) the period since the last rent increase (if any); (f) anything else the tribunal considers relevant. (7) If the significant change relates to a change other than an increase in rent, the tribunal may make any order the tribunal considers appropriate in the circumstances. (8) In deciding an application that relates to a significant change, other than an increase in rent, the tribunal must have regard to the following— (a) how long the tenant has occupied the relevant premises; (b) the impact of the significant change on the tenant; (c) the impact on the lessor of not allowing the significant change; (d) anything else the tribunal considers relevant. (9) In addition to any order the tribunal may make under this section, the tribunal may order that the new agreement is taken to be altered as ordered by the tribunal. (10) Subject to any order of the tribunal to the contrary, the terms of the new agreement apply from the day it is entered into. (11) This section does not apply to an increase in rent if— (a) the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or (b) the lessor is the State and the tenant is an officer or employee of the State. (12) In this section— significant change, to the terms of an existing agreement, means a change to any of the following — (a) the special terms for the tenancy agreement for the tenancy; (b) the rent amount, and whether it must be paid weekly, fortnightly or monthly; (c) the way the rent must be paid; (d) any services supplied to the premises, other than water, for which the tenant must pay; (e) whether the tenant must pay for water supplied to the premises; (f) the number of occupants allowed to reside in the premises, if there is a limit on the number of occupants; (g) whether pets are allowed; (h) another matter prescribed under a regulation. Division 2 Rooming accommodation agreements Subdivision 1 General provisions 72 Terms of agreement include obligations under Act etc. The following are taken to be included as terms of a rooming accommodation agreement between a provider and a resident— (a) the obligations imposed on the provider and resident under chapter 4, part 1; (b) the house rules for the rental premises; (c) the terms of any conciliation agreement in force about the rooming accommodation agreement; (d) other duties imposed on, or entitlements given to, the provider or resident under this Act. 73 Standard terms (1) A regulation may prescribe terms for inclusion in a rooming accommodation agreement. (2) The terms prescribed for this section are the standard terms of a rooming accommodation agreement. Note— Under section 77(2)(a), every rooming accommodation agreement must include the standard terms. 74 Special terms (1) The special terms of a rooming accommodation agreement are the terms of the agreement that are not— (a) standard terms; or (b) terms included in the agreement under section 72. (2) The special terms may include, for example, terms about the provision of a food service or a personal care service to the resident. 75 Contracting out prohibited (1) An agreement or arrangement is void to the extent to which it purports to exclude, change or restrict the application or operation of a provision of this Act about the terms of a rooming accommodation agreement. (2) A person must not enter into an agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Maximum penalty—50 penalty units. (3) In this section— agreement includes an agreement that is not a rooming accommodation agreement. 76 Inconsistency (1) If a provision of this Act is inconsistent with a term of a rooming accommodation agreement, the provision prevails and the term is void to the extent of the inconsistency. (2) If a standard term of a rooming accommodation agreement is inconsistent with a special term of the agreement, the standard term prevails and the special term is void to the extent of the inconsistency. 76AA Offer of rooming accommodation must be for rent at a fixed amount (1) A person must not advertise or otherwise offer rooming accommodation for rental premises unless a fixed amount is stated in the advertisement or offer as the amount of rent for the rental premises. Maximum penalty—50 penalty units. (2) A person must not accept a rental bond from the resident of rental premises if the rooming accommodation for the rental premises was advertised or offered without stating a fixed amount of rent for the rental premises. Maximum penalty—50 penalty units. (3) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount for rooming accommodation for rental premises that is more than the fixed amount stated in an advertisement or offer as the amount of rent for the rental premises. Maximum penalty—50 penalty units. (4) A person does not contravene this section merely by placing a sign on or near rental premises advertising or offering rooming accommodation for the rental premises without stating the amount of rent for the rental premises on the sign. 76AB Offer of rooming accommodation—limitation on rent in advance (1) This section applies if rooming accommodation for rental premises is advertised or otherwise offered by a provider or provider's agent. (2) A person must not solicit or otherwise invite an offer, or accept an offer, of an amount of rent in advance for the rental premises that is more than the amount required under section 101(1). Maximum penalty—50 penalty units. 76A Offer of rooming accommodation must disclose particular information (1) A provider or provider's agent must not advertise or otherwise offer rooming accommodation unless the information prescribed by regulation is stated in, or otherwise disclosed with, the advertisement or offer. Maximum penalty—20 penalty units. (2) A provider or provider's agent must not accept a rental bond from a resident for rooming accommodation if the rooming accommodation was advertised or otherwise offered in contravention of subsection (1). Maximum penalty—20 penalty units. (3) This section does not apply to a person merely placing a sign on or near rental premises advertising that a room is available for rooming accommodation. 76B Provider must give particular information to prospective resident A provider or provider's agent must give a prospective resident the information prescribed by regulation before doing any of the following— (a) accepting a document from the prospective resident that commits the resident— (i) to enter into a rooming accommodation agreement; or (ii) to pay an amount for the accommodation; (b) accepting an amount from the prospective resident for the accommodation; (c) entering into a rooming accommodation agreement with the prospective resident. Maximum penalty—20 penalty units. 77 Written agreement required (1) A provider or provider's agent must ensure a rooming accommodation agreement entered into with a resident is in writing to the extent, and in the way, required by this section. Maximum penalty—40 penalty units. (2) The written agreement must include— (a) the standard terms for the agreement; and (b) any special terms of the agreement; and (c) the day the rent for the resident's room was last increased, within the meaning of section 105B, at the time the agreement is entered into. (2A) However, subsection (2)(c) does not apply if the provider is an exempt provider. (3) If, for a standard term to be effective, the term requires stated information to be included in it (including, for example, the names of the parties and a description of the rental premises), the agreement is taken to include the standard term only if the information is properly included. (4) The agreement must— (a) be written in a clear and precise way; and (b) state the provider's name, address and any telephone number and the resident's name and any telephone number; and (c) fully describe the services to be provided under the agreement; and (d) state the amount of rent payable, when it is payable and how it must be paid; and (e) state the components of the rent attributable to accommodation, a food service, a personal care service or another service; and (f) state the amount of any rental bond payable; and (g) for a fixed term agreement, state the term for which it applies; and (h) be signed by the parties; and (i) comply with any other requirement prescribed under a regulation. (5) The costs of preparing the agreement are payable by the provider. 78 Resident's copy of agreement (1) The provider or provider's agent must give the document prepared for section 77 to the resident for signing on or before the day the resident occupies the room in rental premises under the agreement. Maximum penalty—20 penalty units. (2) Within 3 days after receiving the document signed by the resident, the provider or provider's agent must sign the document and return a copy signed by both parties to the resident. Maximum penalty—10 penalty units. 79 Period provider or provider's agent must keep agreement (1) The provider or provider's agent must keep a copy of the agreement prepared for section 77 for a period of 1 year after the term of agreement ends. Maximum penalty—20 penalty units. (2) Subsection (1) applies whether or not the agreement has been signed by all the parties to the agreement. Subdivision 2 Associated documents 80 Application of sdiv 2 This subdivision applies to the provider and resident under a rooming accommodation agreement only if a rental bond is payable, or has been paid, under the agreement. 81 Condition report at start of rooming accommodation (1) The provider or provider's agent must on or before the day the resident occupies a room in rental premises under the rooming accommodation agreement— (a) prepare, in the approved form, a condition report for the room and the facilities in the room; and (b) sign the condition report; and (c) give a copy of the condition report to the resident. Maximum penalty—20 penalty units. (2) The resident must, within 7 days after the resident occupies the room under the rooming accommodation agreement— (a) sign the copy of the condition report given to the resident; and (b) if the resident does not agree with the condition report—show the parts of the condition report the resident disagrees with by marking the copy of the condition report in an appropriate way; and (c) return the copy of the condition report to the provider or provider's agent. Maximum penalty—20 penalty units. (3) However, if the provider or agent has not given a copy of the condition report to the resident before the resident occupies the room, subsection (2) applies to the resident as if a reference to starting to occupy the room were a reference to receiving the copy. (4) If the resident returns the copy of the condition report to the provider or agent under subsection (2), the provider or agent must make a copy of the condition report and return it to the resident within 14 days. Maximum penalty—20 penalty units. (5) The provider or agent must keep, until at least 1 year after the last rooming accommodation agreement, to which a condition report relates, ends— (a) the signed copy of the condition report returned to the provider or agent by the resident; or (b) if the resident does not return a signed copy—another copy of the condition report. Maximum penalty—20 penalty units. (6) If the provider or agent complies with subsection (1) for a rooming accommodation agreement (the original agreement), sub