Residential tenancies legislation

Each State has a Residential Tenancies Act and regulations which deal with residential tenancy agreements. All of these Acts deal with the same issues and the main provisions relating to owners’ and tenants’ rights and duties are:

  • Rights and obligations of landlords and tenants
  • Tenant’s obligations to pay rent
  • Specific mechanisms for increases in rent
  • Procedures for complaining about rent
  • System for the payment of bonds and other forms of security
  • Procedures for the termination of residential tenancy agreements and recovery of possession of residential premises.

The definition of residential premises differs between jurisdictions. It excludes hotels or premises used for holiday letting and in New South Wales; ‘includes a moveable dwelling or the site on which a moveable dwelling is situated or intended to be situated – if the moveable dwelling is used or intended to be used as a place of residence.’

To obtain a full definition of the Residential Tenancies Act in each state undertake an internet search under the Act in your state.

Appendix 1, Table 9: Australian statutory residential tenancies provisions for details of the relevant legislation covering residential tenancies.