Australian Capital Territory Numbered Acts

RESIDENTIAL TENANCIES ACT 1997 (NO 84 OF 1997)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      This Act may be cited as the Residential Tenancies Act 1997.  
   3.      (1) In this Act, unless the contrary intention appears—“approved mediator” means a mediator approved under section 79; “bond” means an amount paid or payable by a tenant as security for the performance of his or her obligations under a residential tenancy agreement; “Director” means the Director of Consumer Affairs for the Australian Capital Territory under section 13 of the Consumer Affairs Act 1973; “fixed term agreement” means a residential tenancy agreement under which a tenant has a right of occupation for a fixed term; “former lessor”, in relation to a residential tenancy agreement which has been terminated, means the person who was the lessor while the agreement was in force; “former tenant”, in relation to a residential tenancy agreement which has been terminated, means the person who was the tenant while the agreement was in force; “lessor” means a person who grants, or proposes to grant, a right of occupation under a residential tenancy agreement, and includes the person's heirs, executors, successors and assigns; “member of the Tribunal” means—  
   5.      This Act does not apply in relation to a residential tenancy agreement—  
   6.      (1) This Act does not apply in relation to—  

   PART II--RESIDENTIAL TENANCY AGREEMENTS

   7.      A residential tenancy agreement—  
   8.      Any term of a residential tenancy agreement—  
   9.      The parties to a residential tenancy agreement may apply in writing to the Tribunal for the endorsement of a term of the agreement that is inconsistent with a prescribed term.  
   10.     The Tribunal shall, after having regard to the determined criteria and whether the inclusion of the term of the residential tenancy agreement that is inconsistent with a prescribed term was obtained by fraud or undue influence, make an order—  
   11.     (1) A lessor or tenant, or the agent of a lessor or tenant, shall comply with his or her obligations under this Division before the residential tenancy agreement commences.  
   12.     (1) The lessor shall give the tenant a copy of the proposed residential tenancy agreement and, if they are not included in the copy of the agreement, the prescribed terms, and allow the tenant a reasonable time to consider the proposed agreement.  
   13.     The tenant shall provide the lessor with his or her full name.  
   14.     The agent of a lessor or tenant shall provide the tenant or lessor, as the case requires, with the following information:  
   15.     (1) In consideration for giving a tenant a right to occupy premises, a lessor may only require or accept rent or a bond.  
   17.     In addition to or in place of a bond, a lessor may accept the payment of amounts in respect of a contract of insurance relating to the performance of a tenant's obligations under a residential tenancy agreement if—  
   19.     (1) After a residential tenancy agreement has been signed by both parties to the agreement, the lessor shall give the tenant a copy of the signed agreement.  

   PART III--BONDS

   20.     A lessor may only require or accept as a bond an amount not exceeding the first 4 weeks of rent payable under the residential tenancy agreement.  
   21.     A lessor may only require or accept 1 bond in relation to a residential tenancy agreement.  
   22.     Where—  
   25.     A notice under paragraph 23 (1) (b) or 24 (1) (b) shall be in a form approved by the Minister and shall specify—  
   26.     (1) Where the Territory accepts an amount of bond tendered by a lessor under subsection 23 (1), the Territory shall—  
   27.     (1) The Territory shall pay all bond money received by it under this Part to the credit of the trust account.  
   28.     (1) Interest received from the investment of any money paid to the credit of the trust account under this Part shall—  
   29.     (1) A lessor shall, not later than the day after the tenant takes possession of the premises, give the tenant 3 copies of a report as to the state of repair or general condition of the premises, and of any goods leased with the premises, as at the day on which the tenant is given the report.  
   31.     A lessor is entitled to deduct from the bond paid under the residential tenancy agreement any of the following:  
   32.     (1) Application to the Territory for payment out of the trust account of an amount of bond paid under a residential tenancy agreement may be made by—  
   33.     Where an application (other than a joint application) is made under section 32 by a lessor or a tenant, the Territory shall give notice in writing of the receipt of the application to the tenant or the lessor.  

   PART IV--TERMINATION OF RESIDENTIAL TENANCY AGREEMENTS

   36.     Notwithstanding anything to the contrary in any law of the Territory, a residential tenancy agreement shall not terminate or be terminated other than in the following circumstances:  
   38.     A person who, but for this section, would be entitled to compensation under this Act is not entitled to the compensation, or part of it, where the loss, or part of the loss, to be compensated could have been reasonably avoided.  
   40.     A warrant issued under this Part shall—  
   41.     On request, the Registrar shall issue a warrant for the eviction of a person where—  
   43.     (1) On application by a tenant, the Tribunal may terminate a residential tenancy agreement if satisfied that—  
   45.     On application by a tenant, the Tribunal may terminate a residential tenancy agreement effective immediately if satisfied that the lessor has intentionally or recklessly caused or permitted, or is likely to so cause or permit—  
   46.     On application by a tenant, the Tribunal may terminate a residential tenancy agreement if satisfied that the agreement was induced by a false or misleading statement of the lessor.  
   47.     (1) On application by a lessor, the Tribunal may make a termination and possession order if satisfied that—  
   48.     (1) On application by a lessor, the Tribunal may make a termination and possession order if satisfied that—  
   51.     On application, the Tribunal may make a termination and possession order effective immediately if satisfied that the tenant has intentionally or recklessly caused or permitted, or is likely to so cause or permit—  
   52.     On application by a lessor, the Tribunal may make a termination and possession order if satisfied that the residential tenancy agreement was induced by a false or misleading statement of the tenant.  
   54.     (1) On application by a lessor, the Tribunal may make a termination and possession order if satisfied that—  
   55.     On application by a lessor, the Tribunal may make a termination and possession order if—  
   56.     If a person to whom a termination and possession order is directed fails to vacate the specified premises in accordance with the order, the Tribunal may, on application made within 30 days after the date on which the person was to vacate the premises, order the person to pay to the applicant such of the following as it considers appropriate:  
   57.     Notwithstanding anything else in this Part, where—  
   61.     Where a tenant abandons premises which he or she occupies under a residential tenancy agreement, the agreement terminates on the day of abandonment.  
   63.     Where a tenant abandons premises of which he or she has possession under a periodic agreement, the former lessor may claim from the former tenant compensation of an amount equivalent to 3 weeks rent.  
   64.     (1) A person other than a lessor who, but for section 36, would be entitled to possession of premises, may terminate the residential tenancy agreement relating to the premises by—  

   PART V--RENTAL RATE INCREASES

   65.     (1) The Tribunal may hear an application for the review of a rental rate increase notwithstanding that the application is made less than 14 days before the day on which the proposed increase is due to come into effect, if the Tribunal is satisfied that—  
   66.     Where an application for review of a rental rate increase has been made but not determined no increase in the rental rate shall occur unless allowed by the Tribunal.  
   67.     The Tribunal may make the following orders in relation to an application for review of a rental rate increase:  
   70.     Where a proposed rental rate increase has been reviewed by the Tribunal, any further purported increase in the rental rate for a period of 12 months after the day on which the proposed increase was to take effect shall be void.  

   PART VI--RESOLUTION OF RESIDENTIAL TENANCY DISPUTES

   72.     The Registrar may provide such assistance in relation to an inquiry about a tenancy agreement as the Registrar thinks appropriate, including—  
   74.     A person may withdraw his or her application for resolution of a tenancy dispute at any time by giving notice in writing to the Registrar or Tribunal.  
   75.     (1) On receiving an application in accordance with section 73 the Registrar shall, subject to subsection (4), take such action as he or she thinks appropriate to facilitate the resolution of the tenancy dispute.  
   77.     The Registrar, when considering what action to take under section 75 or 76—  
   78.     Where, after receiving notice under subsection 75 (4), an applicant requires the Registrar to refer the application to the Tribunal, the Registrar shall so refer the relevant application.  
   79.     The Minister may, by instrument, approve persons to be mediators for the purposes of this Act.  
   80.     (1) The Registrar shall maintain a list of approved mediators.  
   82.     A party to a preliminary conference may be represented at the conference by a legal practitioner or an agent.  
   83.     The Registrar or a referee may take evidence on oath or affirmation at a preliminary conference and, for that purpose—  
   85.     Where the parties to a tenancy dispute fail to reach agreement at a preliminary conference, the Registrar shall, if he or she has not already done so, refer the application to the Tribunal.  
   86.     (1) A referee may, of his or her own motion, refer a question of law arising during a preliminary conference to the Tribunal.  
   87.     Where a referee makes an order, gives a direction or does any other act in connection with proceedings the Tribunal may, on application made by any party to the tenancy dispute, review the order, direction or other act and may make such order by way of confirmation, variation, discharge or otherwise as the Tribunal thinks just.  
   88.     Each of the following is a party to a Tribunal hearing:  
   90.     (1) The Tribunal shall hear each dispute referred to it by the Registrar.  
   91.     Where, at the time fixed for the hearing of a tenancy dispute by the Tribunal, a party to the dispute fails to appear, either personally or by his or her representative, the Tribunal may—  
   92.     The Tribunal may, at any time, adjourn the hearing of or the further hearing of a tenancy dispute in such manner and on such terms as the Tribunal thinks just.  
   93.     The Tribunal shall keep a record of its proceedings.  
   94.     For the purposes of a hearing the Tribunal may make such inquiries as it considers appropriate.  
   95.     A person appearing at a hearing may be represented at the hearing by a legal practitioner or an agent.  
   96.     (1) For the purposes of a Tribunal hearing, the Tribunal may summon a person to appear as a witness before it—  
   97.     (1) The Tribunal may take evidence on oath or affirmation and, for that purpose, a member of the Tribunal—  
   99.     At any stage of a hearing, the Tribunal may—  
   100.    The parties to a hearing shall bear their own costs unless the Tribunal orders otherwise in accordance with a requirement of the Tribunal under paragraph 102 (b).  
   102.    In addition to any other power specified in this Act or the Regulations, the Tribunal may do any of the following:  
   103.    (1) Where, before a hearing—  
   104.    The Tribunal may, in addition to any other order it is empowered to make, make the following orders in relation to an application about a tenancy dispute:  
   105.    The Tribunal shall give each party to a hearing written notice setting out the terms of any order made under section 104 within 7 days of making such an order.  
   106.    (1) Where—  
   109.    (1) If an order of the Tribunal is for payment of an amount of money (including any amount awarded as costs), the order shall, on the filing of the prescribed documents in the Registry of the Magistrates Court, be deemed to be a judgment of that court for the payment of that amount of money in accordance with the order of the Tribunal.  

   PART VII--RESIDENTIAL TENANCIES TRIBUNAL

   110.    The Residential Tenancies Tribunal is established.  
   111.    The Tribunal shall consist of—  
   115.    (1) Subject to this section, the Tribunal has exclusive jurisdiction to hear and determine any matter that may be the subject of an application to it under this Act or the prescribed terms.  
   118.    The Registrar shall perform his or her functions in consultation with, and subject to any direction of, the President.  
   120.    If no procedure is prescribed by this Act or the Regulations in relation to—  
   123.    No action, suit or other civil proceeding lies against a person who is or has been—  

   PART VIII--REFERRALS AND APPEALS TO SUPREME COURT

   124.    The Tribunal may, of its own motion or on application by a party, refer a question of law to the Supreme Court if it considers that the question raises an issue of public importance.  

   PART IX--MISCELLANEOUS

   127.    Where 1 of 2 or more tenants who are parties to a residential tenancy agreement dies, the tenancy and the tenancy agreement continue to operate—  
   128.    (1) The purported assignment or subletting of premises in contravention of the prescribed terms is unenforceable and a person to whom premises are so assigned or sublet shall reside in the premises as a licensee only.  
   129.    (1) The following evidence is not admissible against a person in criminal proceedings other than prosecutions for an offence against section 122 or 130:  
   130.    A person shall not—  
   132.    A party to a residential tenancy agreement is not prevented from enforcing the agreement against another party merely because either party has not attained the age of 18 years.  
   133.    Strict compliance with the forms approved for the purposes of this Act is not necessary and substantial compliance, or such compliance as the circumstances of a particular case allow, is sufficient.  
           SCHEDULE