Residential Tenancies Act 1986
Sections and provisions with full text and the judgments that cite each one.
Section 40 — Tenant's responsibilities
40 Tenant's responsibilities (1) The tenant shall— (a) Pay the rent as and when it is due and payable under the tenancy agreement; and (b) Ensure that the premises are occupied principally for…
Section 41 — Tenant's responsibility for actions of others
41 Tenant's responsibility for actions of others (1) The tenant shall be responsible for anything done or omitted to be done by any person (other than the landlord or any person acting on the…
Section 42 — Tenant's fixtures
42 Tenant's fixtures (1) The tenant shall not affix any fixture to the premises, or make any renovation, alteration, or addition of or to the premises, except— (a) In accordance with the tenancy…
Section 43 — Disposition of landlord's interest
43 Disposition of landlord's interest (1) Where the landlord disposes of his or her interest in the premises to any other person (in this section referred to as the purchaser), the following…
Section 44 — Assignment and subletting by tenant
44 Assignment and subletting by tenant (1) There may be included in a tenancy agreement a provision that expressly and unconditionally prohibits the tenant from assigning, subletting, or parting with…
Section 45 — Landlord's responsibilities
45 Landlord's responsibilities (1) The landlord shall— (a) Provide the premises in a reasonable state of cleanliness; and (b) Provide and maintain the premises in a reasonable state of repair having…
Section 46 — Locks
46 Locks (1) The landlord shall provide and maintain such locks and other similar devices as are necessary to ensure that the premises are reasonably secure. (2) Neither the landlord nor the tenant…
Section 47 — Landlord to give notice to tenant of intention to sell
47 Landlord to give notice to tenant of intention to sell (1) If, at any time after entering into a tenancy agreement, the landlord puts the premises on the market for the purposes of sale or other…
Section 48 — Landlord's right of entry
48 Landlord's right of entry (1) The landlord shall not enter the premises during the currency of the tenancy agreement, except— (a) With the consent of the tenant given at, or immediately before,…
Section 49 — Mitigation of damage or loss
49 Mitigation of damage or loss Where any party to a tenancy agreement breaches any of the provisions of the agreement or of this Act, the other party shall take all reasonable steps to limit the…
Section 50 — Circumstances in which tenancies are terminated
50 Circumstances in which tenancies are terminated Subject in the case of a subtenancy to section 57 of this Act, no tenancy to which this Act applies shall terminate or be terminated otherwise than…
Section 51 — Termination by notice
51 Termination by notice (1) Subject to sections 52 and 53 of this Act, the minimum period of notice required to be given by a landlord to terminate a tenancy shall be as follows: (a) Where the…
Section 52 — Provision for shorter notice may be made with consent of Tribunal
52 Provision for shorter notice may be made with consent of Tribunal With the consent of the Tribunal, the parties to a tenancy agreement may provide for the termination of the tenancy by the giving…
Section 53 — Special provisions for notice terminating service tenancies
53 Special provisions for notice terminating service tenancies (1) Subject to the succeeding provisions of this section, the minimum period of notice required to be given by a landlord or a tenant to…
Section 54 — Tribunal may declare retaliatory notice of no effect
54 Tribunal may declare retaliatory notice of no effect (1) Within 14 working days after receipt of a notice terminating the tenancy, being a notice that complies with the requirements of section 51…
Section 55 — Termination on non-payment of rent, damage, or assault
55 Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2) of this section, on any application made to it under this section by the landlord, the Tribunal shall make an…
Section 56 — Termination for other breach
56 Termination for other breach (1) On an application made to it under this section by the landlord or the tenant, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied…
Section 57 — Effect on subtenancy of termination of head tenancy
57 Effect on subtenancy of termination of head tenancy (1) Except as provided in subsections (2) and (3) of this section, where any premises are subject to a tenancy and one or more subtenancies, on…
Section 58 — Mortgagee or other person becoming entitled to possession
58 Mortgagee or other person becoming entitled to possession (1) Where a mortgagee or other person becomes entitled (as against the landlord) to possession of the premises, the following provisions…
Section 59 — Destruction of premises
59 Destruction of premises (1) Where, otherwise than as a result of a breach of the tenancy agreement, the premises are destroyed, or are so seriously damaged as to be uninhabitable,— (a) The rent…
Section 60 — Tenant remaining in possession after termination of tenancy
60 Tenant remaining in possession after termination of tenancy (1) Where a tenant remains in occupation of the premises after the tenancy has terminated or has been terminated, all the obligations of…
Section 61 — Abandonment of premises
61 Abandonment of premises (1) On the application of the landlord, the Tribunal may make an order terminating a tenancy where it is satisfied that the tenant has abandoned the premises and the rent…
Section 62 — Abandoned goods
62 Abandoned goods (1) Where, on the termination of the tenancy, the tenant leaves any of his or her goods on the premises, the following provisions shall apply: (a) In the case of foodstuffs and…
Section 63 — Entry without order of Tribunal prohibited
63 Entry without order of Tribunal prohibited (1) No person shall enter into possession of any residential premises in the occupation of a tenant except with the consent of the tenant or pursuant to…
Section 64 — Possession orders
64 Possession orders (1) Subject to subsection (2) of this section, on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall…
Section 65 — Eviction of squatters
65 Eviction of squatters (1) Where, on the application of any person entitled to possession of any residential premises, the Tribunal is satisfied that any other person is in possession of the…
Section 66 — Reduction of fixed-term tenancy
66 Reduction of fixed-term tenancy (1) On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making…
Section 67 — Constitution of Tribunal
67 Constitution of Tribunal (1) For the purposes of this Act there is hereby constituted a tribunal, to be called the Tenancy Tribunal. (2) The Tribunal shall consist of— (a) One person, being a…
Section 68 — Term of office of Tenancy Adjudicators
68 Term of office of Tenancy Adjudicators (1) Every Tenancy Adjudicator shall be appointed for a term not exceeding 3 years commencing on the date of the appointment or on such other date as may be…
Section 69 — Remuneration of Tenancy Adjudicators
69 Remuneration of Tenancy Adjudicators (1) There shall be paid to the Principal Tenancy Adjudicator and the Deputy Principal Tenancy Adjudicator remuneration by way of salary, fees, or otherwise,…
Section 70 — Tenancy Adjudicators to be protected
70 Tenancy Adjudicators to be protected Every Tenancy Adjudicator, in the performance of the Tenancy Adjudicator's duties under this Act, shall have and enjoy the same protection as Justices of the…
Section 71 — Conduct of Tribunal and stationing of Tenancy Adjudicators
71 Conduct of Tribunal and stationing of Tenancy Adjudicators (1) The Principal Tenancy Adjudicator shall be responsible for ensuring the orderly and expeditious discharge of the business of the…
Section 72 — Registrars
72 Registrars (1) For each of the places specified in Schedule 1 to this Act, there shall be a Registrar, who shall be the Registrar of the nearest District Court or such other officer of the…
Section 73 — Seal of Tribunal
73 Seal of Tribunal (1) The Tribunal shall have, in the custody of each Registrar, a seal which shall be the seal of the Tribunal and shall be used for sealing documents that require to be sealed,…
Section 74 — Records of Tribunal
74 Records of Tribunal (1) Every Registrar shall be responsible for ensuring the safe custody of the records and papers of the Tribunal for the time being in the Registrar's possession or under the…
Section 75 — Offices and Tenancy Officers
75 Offices and Tenancy Officers (1) There shall be an office of the Tribunal at each of the places specified in Schedule 1 to this Act. (2) A Tenancy Officer shall be appointed from time to time…
Section 76 — Tenancy Mediators
76 Tenancy Mediators (1) There shall from time to time be appointed under the State Sector Act 1988 such number of Tenancy Mediators as may be required for the purposes of this Act. (2) Every Tenancy…
Section 77 — Jurisdiction of Tribunal
77 Jurisdiction of Tribunal (1) Subject to subsection (5) of this section, the Tribunal shall have jurisdiction to determine in accordance with this Act all disputes arising between landlords and…
Section 78 — Orders of Tribunal
78 Orders of Tribunal (1) Without limiting the generality of section 77 of this Act or the nature or extent of orders that the Tribunal may make in the exercise of its jurisdiction, the Tribunal may,…
Section 79 — Jurisdiction to make interim orders
79 Jurisdiction to make interim orders (1) In respect of any matter in which the Tribunal has jurisdiction under this Act to make any final determination, the Tribunal may from time to time, on…
Section 80 — Orders of Tribunal to be final
80 Orders of Tribunal to be final Subject to sections 105 and 117 to 120 of this Act, every order made by the Tribunal shall, unless it is expressed to be an interim order made under section 79 of…
Section 81 — Exclusion of Tribunal's jurisdiction prohibited
81 Exclusion of Tribunal's jurisdiction prohibited (1) A provision in any tenancy agreement to which this Act applies, or in any other agreement entered into by the parties to any such tenancy…
Section 82 — Exclusion of other jurisdictions
82 Exclusion of other jurisdictions (1) Notwithstanding any other enactment or rule of law to the contrary, no court or other body shall have originating jurisdiction in respect of any matter that is…
Section 83 — Transfer of proceedings to District Court
83 Transfer of proceedings to District Court (1) Where any proceedings have been commenced before the Tribunal that the Tribunal has no jurisdiction to hear and determine, the Tribunal may, instead…
Section 84 — Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator
84 Jurisdiction of Tribunal generally exercisable by any Tenancy Adjudicator (1) Subject to the succeeding provisions of this section, any Tenancy Adjudicator sitting alone, or any 2 or more Tenancy…
Section 85 — Manner in which jurisdiction is to be exercised
85 Manner in which jurisdiction is to be exercised (1) Subject to the provisions of this Act and of any regulations made under this Act, the Tribunal shall exercise its jurisdiction in a manner that…
Section 86 — Filing of applications
86 Filing of applications (1) Proceedings before the Tribunal shall be commenced by the filing of an application in the prescribed form, together with the prescribed fee, (if any) with the…
Section 87 — Duties of Tenancy Officer on receipt of application
87 Duties of Tenancy Officer on receipt of application (1) When an application is filed in accordance with section 86 of this Act, the Tenancy Officer shall refer it to a Tenancy Mediator unless, in…
Section 88 — Functions of Tenancy Mediators
88 Functions of Tenancy Mediators (1) The primary function of a Tenancy Mediator in respect of an application referred to the Tenancy Mediator under section 87 of this Act is to attempt to bring the…
Section 89 — Statements made in mediation to be subject to privilege
89 Statements made in mediation to be subject to privilege (1) This section applies to any oral or written statement (including a statement contained in a document) made in the course of, and for the…