Residential Tenancies Act 1986

11 Act generally to apply despite contrary provisions


Any agreement or arrangement, or any provision of any agreement or arrangement, entered into in respect of a tenancy to which this Act applies, that is inconsistent with any of the provisions of this Act, or that purports to exclude, modify, or restrict the operation of any such provision, shall be of no effect unless—


the inconsistency, exclusion, modification, or restriction is expressly permitted by this Act; or


the Tribunal is satisfied that, having regard to the nature of the tenancy, the provisions of the tenancy agreement, the interests of the parties, and all other relevant circumstances of the case, the inconsistency, exclusion, modification, or restriction should be permitted.


Subsection (1) shall not prevent a landlord from waiving voluntarily all or any of the rights and powers conferred on landlords by this Act, or from voluntarily incurring more or more extensive obligations than those that are imposed on landlords by this Act.


Any purported waiver by a tenant of any right or power conferred upon tenants by this Act shall be of no effect.

Compare: 1952 No 51 s 104C; 1955 No 50 s 51; 1973 No 26 s 28; 1975 No 36 s 4; Residential Tenancies Act 1978–81 s 89(1), (2) (SA)