Miscellaneous Requirements Under the Act

A tenant is not to use premises for unlawful or non-residential purposes (s52). A tenant is not to cause or permit a substantial nuisance from the rented premises. A tenant is liable for the actions of others lawfully on the premises during the agreement period, but is not liable for those who enter without consent.

A tenant may appoint an agent for the purposes of receiving notices and documents. A notice delivered to such an agent is taken as being delivered to the tenant.

An owner is to ensure the premises are fitted with locks and security devices necessary to secure the premises and these are to be maintained during the agreement period (s57). No party is to alter or remove such devices without the permission of the other party. In certain circumstances a magistrate may order a party to remove or alter security devices. If locks or security devices are added, the other party is to be provided with a key, opening device or appropriate information about the security system.

An owner (or agent) must supply the tenant with their full name and address and must notify the tenant of any changes to these details (s62). If the owner is a corporation, the name of the responsible officer is to be supplied to the tenant, as well as the address of the corporation.

The Act contains penalties for non-compliance and parties may be prosecuted under the Act. Some breaches under the Act provide a valid reason for a party to end an agreement. Others may attract fines. In the case of disputes heard by the Commissioner or by a magistrate, a breach committed by a party in a dispute may result in less weight being given to that person’s version of events. Persons affected can see a community legal service such as the Tenants’ Union or see a private lawyer.