Residential Tenancies Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short Title and commencement
1 Short Title and commencement (1) This Act may be cited as the Residential Tenancies Act 1986. (2) This Act shall come into force on the 1st day of February 1987.
Section Sch1 — Places at which offices of the Tribunal shall be situated
Schedule 1 Places at which offices of the Tribunal shall be situated Sections 71(2) , 72 , 75(1) Schedule 1 was amended, as from 1 May 1996, by section 52 Residential Tenancies Amendment Act 1996…
Section 2 — Interpretation
2 Interpretation (1) In this Act, unless the context otherwise requires,— Accommodation broker means a person who, in the ordinary course of business, otherwise than as a solicitor or a real estate…
Section Sch2 — Enactments repealed
Schedule 2 Enactments repealed Section 144(1) 1955, No 50—The Tenancy Act 1955. (RS Vol 11, p 471.) 1964, No 23—The Tenancy Amendment Act 1964. (RS Vol 11, p 516.) 1968, No 122—The Tenancy Amendment…
Section 3 — Act to bind the Crown
3 Act to bind the Crown This Act shall bind the Crown. Compare: 1951 No 51 s 104B; 1955 No 50 s 5; 1973 No 26 s 3; 1975 No 36 s 4
Section Sch3 — Regulations revoked
Schedule 3 Regulations revoked Section 144(2) Title Statutory Regulations Serial Number The Emergency Forces Tenancy Regulations 1950 1950/229 The Tenancy Regulations 1956 1956/187 The Rent Appeal…
Section 4 — Act generally to apply to all residential tenancies
4 Act generally to apply to all residential tenancies Except as otherwise provided in this Part of this Act, this Act shall apply to every tenancy for residential purposes.
Section Sch4-“ 19 — Leases and tenancies
“ 19 Leases and tenancies Subject to the Residential Tenancies Act 1986 and to any general directions of the Minister, every lease or tenancy granted by the Corporation of State housing land shall be…
Section 5 — Act excluded in certain cases
5 Act excluded in certain cases This Act shall not apply in the following cases: (a) Where the premises are commercial premises: (b) Where the whole or a substantial part of the tenant's income is…
Section 5A — Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952
5A Certain excluded long fixed-term tenancies remain subject to repealed sections of Property Law Act 1952 (1) This section applies to a fixed-term tenancy of at least 5 years, and to which this Act…
Section 6 — Long fixed-term tenancies
6 Long fixed-term tenancies [Repealed] Section 6 was repealed, as from 1 December 1996, by section 4(1) Residential Tenancies Amendment Act 1996 (1996 No 7).
Section 7 — Short fixed-term tenancies
7 Short fixed-term tenancies (1) Subject to subsection (2) of this section, nothing in sections 25 to 28 and 51 of this Act shall apply to a fixed-term tenancy of not more than 120 days if, before…
Section 8 — Parties to excluded tenancies may agree that Act shall apply
8 Parties to excluded tenancies may agree that Act shall apply (1) Nothing in any of sections 5 to 7 of this Act shall prevent the parties to a tenancy that would otherwise be excluded from this Act…
Section 9 — Existing tenancies
9 Existing tenancies (1) Subject to subsection (2) of this section and to sections 5 to 7 of this Act, in respect of every tenancy granted before the date of the commencement of this Act and still…
Section 10 — Onus of proof
10 Onus of proof Where, in any proceedings before the Tribunal, any party contends that this Act does not apply in respect of any tenancy of any residential premises, it shall be for that party to…
Section 11 — Act generally to apply despite contrary provisions
11 Act generally to apply despite contrary provisions (1) Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act…
Section 12 — Discrimination to be unlawful act
12 Discrimination to be unlawful act (1) Each of the following is hereby declared to be an unlawful act: (a) Discrimination against any person in respect of the grant, continuance, extension,…
Section 12A — Choice of procedures
12A Choice of procedures (1) Where the circumstances are such that any person would be entitled to make an application to the Tribunal and also a complaint under the Human Rights Act 1993 , that…
Section 13 — Form of tenancy agreement
13 Form of tenancy agreement (1) Every tenancy agreement shall be in writing and signed by both the landlord and the tenant. (2) The landlord shall, before the tenancy commences, provide the tenant…
Section 13A — Contents of tenancy agreement
13A Contents of tenancy agreement (1) Every tenancy agreement shall include the following minimum information: (a) The full name and contact address of the landlord; and (b) The full name and contact…
Section 13B — Variations and renewals of tenancy agreements
13B Variations and renewals of tenancy agreements (1) Every variation of a tenancy agreement, and every renewal of a tenancy agreement, shall be in writing and signed by both the landlord and the…
Section 13C — Tenancy agreements not unenforceable on grounds not in writing
13C Tenancy agreements not unenforceable on grounds not in writing Notwithstanding anything to the contrary in any other enactment, no tenancy agreement, or variation or renewal of a tenancy…
Section 13D — Exceptions to requirements relating to tenancy agreements
13D Exceptions to requirements relating to tenancy agreements Sections 13 to 13B of this Act do not apply to any of the following: (a) A tenancy at will created on or immediately after the…
Section 14 — Minors
14 Minors (1) A person who has attained the age of 18 years or who is or has been married or in a civil union under that age shall have the same capacity in respect of tenancy agreements, and in…
Section 15 — Notification of successor to landlord or tenant
15 Notification of successor to landlord or tenant (1) Where, during the term of any tenancy, the landlord's or tenant's interest passes to some other person, that other person shall, within 10…
Section 16 — Change of name or address
16 Change of name or address (1) Where the name and contact address, or address for service, of any person has been notified to the other party to the tenancy in accordance with this Act and that…
Section 17 — Requiring key money prohibited
17 Requiring key money prohibited (1) Subject to subsection (4) of this section, no person shall, without the prior consent of the Tribunal, require the payment of key money in respect of— (a) The…
Section 18 — Bonds to be no more than 4 weeks' rent
18 Bonds to be no more than 4 weeks' rent (1) A landlord shall not require payment by way of bond of an amount greater than 4 weeks' rent lawfully payable under the tenancy agreement. (2) On the…
Section 19 — Duties of landlord on receipt of bond
19 Duties of landlord on receipt of bond (1) Where any person pays to the landlord, or to any other person on behalf of the landlord, any amount by way of bond, the following provisions shall apply:…
Section 20 — Duties of chief executive in relation to bonds
20 Duties of chief executive in relation to bonds Where a landlord forwards to the chief executive any amount paid by way of bond, the chief executive shall— (a) Deposit the money into the…
Section 21 — Tenant may pay bond direct to chief executive with landlord's consent
21 Tenant may pay bond direct to chief executive with landlord's consent (1) Notwithstanding anything in section 19 or section 20 of this Act, but subject to subsection (2) of this section, any…
Section 21A — Notification of changes of address to chief executive
21A Notification of changes of address to chief executive (1) Where a bond is being held in the Residential Tenancies Trust Account in respect of a tenancy agreement and the landlord or tenant…
Section 22 — Claims against bonds
22 Claims against bonds (1) No amount deposited into the Residential Tenancies Trust Account in accordance with section 20 or section 21 of this Act shall be paid out of that account except in…
Section 23 — Rent in advance
23 Rent in advance (1) A landlord shall not require the payment of any rent— (a) More than 2 weeks in advance; or (b) Before the expiry of the period for which rent has been paid already. (2) Where,…
Section 24 — Rent increases
24 Rent increases (1) The rent payable in respect of any tenancy may be increased by the landlord provided all of the following conditions are complied with: (a) The landlord shall give the tenant…
Section 25 — Market rent
25 Market rent (1) On an application made to it at any time by the tenant, the Tribunal may, in accordance with the succeeding provisions of this section, on being satisfied that the rent payable or…
Section 26 — Duration of order determining market rent
26 Duration of order determining market rent (1) Subject to the succeeding provisions of this section, every order made by the Tribunal under section 25 of this Act shall continue in force— (a) In…
Section 27 — Rent in excess of market rent irrecoverable
27 Rent in excess of market rent irrecoverable (1) Where the Tribunal makes an order under section 25 of this Act, the landlord shall not, in respect of any period during which the order is in force,…
Section 28 — Increase of rent where premises or facilities substantially improved
28 Increase of rent where premises or facilities substantially improved (1) Notwithstanding anything in section 24 or section 26 of this Act, where, during any tenancy, the landlord— (a) Effects…
Section 29 — Receipts for rent
29 Receipts for rent (1) Subject to subsection (3) of this section, every person who receives any rent payable under or in respect of any tenancy agreement shall give or cause to be given to the…
Section 30 — Landlord to keep records
30 Landlord to keep records (1) Every landlord under a tenancy to which this Act applies shall keep or cause to be kept proper business records showing— (a) All payments of rent paid by or on behalf…
Section 31 — Apportionment of rent
31 Apportionment of rent (1) The rent payable under a tenancy agreement shall accrue from day to day. (2) Upon termination of the tenancy, the rent shall be apportioned accordingly, and the…
Section 32 — Accelerated rent or damages prohibited
32 Accelerated rent or damages prohibited (1) Any provision in a tenancy agreement to the effect that, on breach by the tenant of any term of the agreement or of any of the provisions of this Act or…
Section 33 — Tenant's goods not to be seized
33 Tenant's goods not to be seized (1) The landlord shall not be entitled to seize or dispose of any of the tenant's goods— (a) As security for or in payment of any amount owing by way of rent; or…
Section 34 — Transitional provision relating to bonds
34 Transitional provision relating to bonds [Repealed] Subsections (1) and (3) were amended, as from 18 August 1992, by section 19 Residential Tenancies Amendment Act 1992 (1992 No 79) by…
Section 35 — Transitional provisions relating to fair rents and equitable rents
35 Transitional provisions relating to fair rents and equitable rents [Repealed] Sections 34 and 35 were repealed, as from 1 May 1996, by section 16 Residential Tenancies Amendment Act 1996 (1996 No…
Section 36 — Legal impediments to occupation
36 Legal impediments to occupation The landlord shall take all reasonable steps to ensure that, at the commencement of the tenancy, there is no legal impediment to the occupation of the premises for…
Section 37 — Vacant possession
37 Vacant possession (1) The tenant shall have vacant possession of the premises on the date on which, in accordance with the tenancy agreement, the tenant is entitled to enter into occupation of the…
Section 38 — Quiet enjoyment
38 Quiet enjoyment (1) The tenant shall be entitled to have quiet enjoyment of the premises without interruption by the landlord or any person claiming by, through, or under the landlord or having…
Section 39 — Outgoings
39 Outgoings (1) Subject to subsection (2) of this section, all outgoings (including rates, insurance premiums, and water charges) from time to time payable in respect of the premises shall, as…