Residential Tenancies Amendment Act 2010

Part 1
Amendments to principal Act

4 Interpretation
  • (1) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    approved form, in relation to any application or other matter, means a form approved and made available by the chief executive for the purposes of that application or matter

    assignment means a transfer to a person of all of the rights that a tenant has under a tenancy agreement

    department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    dispute, in relation to a matter before, or to be brought before, the Tribunal, includes any claim, difference, question, or other matter, whether it requires a decision as between the parties or a declaration

    guarantor, in relation to a tenancy, means a person who guarantees the performance of the tenant’s obligations, or who indemnifies the landlord against loss that he or she may incur in respect of the tenancy, or who assumes liability for the performance of the obligations of the tenant, and guarantee has a corresponding meaning

    letting agent, in relation to a tenancy, means a person who, in the ordinary course of business, acts, or who holds himself or herself out to the public as ready to act, for reward as an agent in respect of the grant or assignment of tenancies, whether or not that person carries on any other business.

    (2) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    boarding house, boarding house tenancy, boarding house tenancy agreement, and boarding room have the meanings given to them in section 66B.

    (3) Section 2(1) is amended by repealing the definitions of address for service, chief executive, member of the landlord’s family, Minister, Officer of the Tribunal, and service tenancy and substituting the following definitions in their appropriate alphabetical order:

    address for service has the meaning given to it by section 13AB

    chief executive means the chief executive of the department

    member of the landlord’s or owner’s family means any of the following:

    • (a) the landlord’s or owner’s spouse or civil union partner:

    • (b) the landlord’s or owner’s de facto partner:

    • (c) any child of the landlord or owner or of any person referred to in paragraph (a) or (b):

    • (d) any other child who is being, or is to be, cared for on a continuous basis by the landlord or owner or any person referred to in paragraph (a) or (b):

    • (e) any parent of the landlord or owner or of any person referred to in paragraph (a) or (b):

    • (f) any other person who is related (whether by blood or marriage) to the landlord or owner or to any person referred to in paragraph (a) or (b) and is residing, or is to reside, in the landlord’s or owner’s premises in accordance with an arrangement between that person and the landlord or the owner of a predominantly domestic or family nature rather than a predominantly commercial nature

    Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

    officer of the Tribunal means an officer of the department or the Ministry of Justice who is for the time being acting in the service of the Tribunal; and includes a Tenancy Mediator

    service tenancy means a tenancy granted under a term of, or otherwise as an incident of, a contract of service or a contract for services between the landlord as employer and the tenant as employee or contractor, whether or not a separate tenancy agreement is concluded in writing between the parties, and whether or not any rent is payable for the tenancy; and includes—

    • (a) any tenancy of that kind granted under or in accordance with any enactment; and

    • (b) any tenancy of that kind granted by a company to an employee or contractor of an associated company (within the meaning of subsection (2)); and

    • (c) any tenancy granted by the Armed Forces to any person subject to the Armed Forces Discipline Act 1971.

    (4) The definitions of bailiff, ethnic or national origins, Ministry, and Tenancy Officer in section 2(1) are repealed.

    (5) The definition of accommodation broker in section 2(1) is amended by omitting real estate agent and substituting letting agent.

    (6) The definition of facilities in section 2(1) is amended by omitting , includes all facilities provided by the landlord for the and substituting (other than a boarding house tenancy agreement), includes all facilities provided by the landlord for the non-exclusive.

    (7) The definition of fixed-term tenancy in section 2(1) is amended by omitting of this Act and substituting and section 58(1).

    (8) The definition of possession order in section 2(1) is amended by omitting or section 65 of this Act, and substituting , 65, or 66Y.

    (9) The definition of premises in section 2(1) is amended by omitting include and substituting includes (other than in relation to a boarding house tenancy, in which case the definition in section 66B applies).