Key money, bonds, and rents

17 Requiring key money prohibited

(1)

Subject to subsection (4), no person shall, without the prior consent of the Tribunal, require the payment of key money in respect of—

(a)

the grant, continuance, extension, variation, or renewal of any tenancy agreement; or

(b)

the assignment of a tenant’s interest under any tenancy agreement; or

(c)

the subletting of the whole or any part of the premises by a tenant.

(2)

Nothing in subsection (1) limits or affects section 44A (which entitles a landlord to recover reasonable expenses on consenting to the tenant’s assigning, subletting, or parting with possession of the premises, or to termination of the tenancy by agreement).

(3)

The requiring of key money in contravention of subsection (1) is hereby declared to be an unlawful act.

(3A)

A landlord who contravenes subsection (1) commits an infringement offence and is liable to a fine or an infringement fee specified in Schedule 1B.

(4)

Subsection (1) shall not apply to any of the following:

(a)

any sum required or received for an option to enter into a tenancy agreement if the sum does not exceed 1 week’s rent payable under the agreement, and, upon the option being exercised, the sum is refunded or is applied toward the rent:

(b)

any sum that the landlord is authorised by any other provision of this Act to require or receive:

(c)
[Repealed]

(d)

any payment of a prescribed class.

Compare: 1973 No 26 s 22; Residential Tenancies Act 1978–1981 s 30 (SA)

Section 17(2): replaced, on 11 February 2021, by section 12(1) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 17(3A): inserted, on 11 February 2021, by section 12(2) of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 17(4)(c): repealed, on 12 December 2018, by section 6 of the Residential Tenancies (Prohibiting Letting Fees) Amendment Act 2018 (2018 No 44).