VersionNo. 082

Residential Tenancies Act1997

No. 109 of 1997

Version incorporating amendments as at
30 August 2017

table of provisions

SectionPage

1

SectionPage

Part 1—Preliminary

Division 1—Introductory provisions

1Purposes

2Commencement

3Definitions

4Act binds the Crown

Division 2—Application of Act to tenancy agreements, rooming houses and site agreements

Subdivision 1—Application to tenancy agreements

5Application of Act to assignees and transferees

6Tenancy agreements exceeding 5 years

7Premises used primarily as a residence

8Premises connected to premises used for trade or business

9Principal place of residence

10Premises used for holidays

11Farming and grazing

12Contracts of employment

13Contracts of sale or mortgages

14Prescribed premises and prescribed tenancy agreements

15Certain provisions not to apply to tenancy agreements

Subdivision 2—Application to rooming houses

17Room used by owner or owner's family or employees

18Self-contained apartments

19Minister may declare building to be a rooming house

Subdivision 3—Application to tenancy agreementsand rooming houses

20Hotels and motels

21Educational institutions

22Temporary crisis accommodation

23Health or residential services

Subdivision 4—Application to site agreements

23AApplication of Act to assignees and transferees

23BSite agreements exceeding 5 years

23CPart 4A site used under contract of employment

23DPart 4A site used primarily as a residence

23EPart 4A site used for holidays

23FPrescribed Part 4A sites and prescribed site agreements

23GCertain provisions not to apply to site agreements

Division 3—Exemptions by Tribunal

24Application for exemption

25Order of Tribunal

Part 2—Residential tenancies—tenancyagreements

Division 1—General requirements for tenancyagreements

26Tenancy agreements to be in standard form

27Invalid terms

28Harsh and unconscionable terms

29Copy of agreement to be made available to tenant

30Tenants with children

Division 2—Bonds

31What is the maximum bond?

32Application to increase maximum amount of bond

33Tribunal may determine maximum bond

34Not more than 1 bond is payable in respect of continuous occupation

35Condition report

36Condition report is evidence of state of repair

37Certain guarantees prohibited

38Maximum amount of certain guarantees

Division 3—Rents

39Accrual of rent

40Limit on rent in advance

41Rent in advance under weekly tenancy agreement

42Where and how is rent to be paid?

43Receipts for rent

44How much notice of rent increase is required?

45Tenant may complain to Director about excessive rent

46Application to Tribunal about excessive rent

47What can the Tribunal order?

48Tribunal can order refund of rent

49Tenant's goods not to be taken for rent

Division 4—Other charges

50Application and holding deposits

51Certain charges prohibited

52Tenant's liability for various utility charges

53Landlord's liability for various utility charges

54Landlord's liability for charges for supply to noncomplying appliances

55Reimbursement

56Landlord must not seek overpayment for utility charge

57Director of Housing may impose service charge

58Indemnity for taxes and rates

Division 5—General duties of tenants and landlords

59Tenant must not use premises for illegal purpose

60Tenant must not cause nuisance or interference

61Tenant must avoid damage to premises or common areas

62Tenant must give notice of damage

63Tenant must keep rented premises clean

64Tenant must not install fixtures etc. without consent

65Landlord's duty in relation to provision of premises

66Landlord must give tenant certain information

67Quiet enjoyment

68Landlord's duty to maintain premises

69Landlord must ensure rating compliance for replacement water appliances

70Locks

70ALocks for rented premises the subject of an intervention order

71Application to Tribunal to change locks without consent

Division 6—Repairs and maintenance

72Urgent repairs

73Application to Tribunal for urgent repairs

74Application to Director to investigate need for nonurgent repairs

75Application to Tribunal for non-urgent repairs

76What can the Tribunal order?

77Payment of rent into Rent Special Account

78Landlord may give tenant repair notice

79Landlord may do repairs and tenant liable for costs

80Declaration under Housing Act 1983 that house unfit for habitation

Division 7—Assignment and sub-letting

81Assignment and sub-letting by a tenant

82Tenant may apply to Tribunal

83Director of Housing may withhold consent in certain circumstances

84Landlord cannot ask for fee for giving consent

Division 8—Rights of entry

85Entry of rented premises

86Grounds for entry of rented premises

87Manner of entry

88What must be in a notice of entry?

89Tenant has duty to permit entry

90What if damage is caused during entry?

91What if a person exercising right of entry fails to comply with Division?

91AOffence relating to entering rented premises

Part 3—Rooming houses—Residency rightsand duties

Division 1—Residency rights

92Residency right

92AExclusive occupancy right

92BShared room right

92CNotice to resident of residency right

93Rights cannot be assigned

94Power to enter tenancy agreements or other agreements

94AHarsh and unconscionable terms

Division 1A—Shared room rights

94BConsent required for increase in room capacity

94CNotice of increase in room capacity

94DConsent of resident to increased room capacity

Division 2—Bonds

95Payment of bond

96What is the maximum bond?

97Condition report

98Condition report is evidence of state of repair

Division 3—Rent

99Limit on rent in advance

100Receipts for rent

101How much notice of rent increase is required?

102Resident may complain to Director about excessive rent

102ADirector may investigate rent without application by resident

103Application to Tribunal about excessive rent

104What can the Tribunal order?

105Payment of increased rent pending Tribunal decision

106Rent must be reduced if services are reduced

106ARent must be reduced if room capacity increased

107Resident's goods not to be taken for rent

Division 4—Other charges

108Separately metered rooms

109Schedule of services provided to be given to resident

109ADirector of Housing may impose service charge on resident

Division 5—General duties of residents and rooming house owners

110Resident's use of room

111Resident must not use room for illegal purposes

112Resident's duty to pay rent

113Quiet enjoyment—resident's duty

114Resident must keep room in clean condition

115Resident must not install fixtures without consent

116Resident must notify owner of and compensate for damage

117Resident must not keep pet without consent

118Resident must give key to owner

119Resident must observe house rules

120Rooming house owner must keep room and house in good repair

120ARooming house owner must comply with rooming house standards

121Rooming house owner must provide access

122Quiet enjoyment—rooming house owner's duty

123Security

124Display of statement of rights and house rules

125Owner to give additional information

126House rules

127Duties relating to house rules

128What if house rules are thought to be unreasonable?

Division 6—Repairs

129Urgent repairs

130Application to Tribunal for urgent repairs

131Application to Director to investigate need for nonurgent repairs

131ADirector may investigate rooming house without application by resident

132Application to Tribunal for non-urgent repairs

133What can the Tribunal order?

134Payment of rent into Rent Special Account

135Repair provisions not applicable to certain damage

Division 7—Rights of entry

136Access to room

137Grounds for entry of a room

138Manner of entry

139What must be in a notice of entry?

140Resident has duty to permit entry

141What if damage is caused during entry?

142What if a person exercising right of entry fails to comply with Division?

142AOffence relating to entering room occupied by resident

Division 8—Standards

142BStandards for rooming houses etc.

142BARecords of gas and electrical safety checks

142CRegulations for rooming houses

Division 9—Rooming House Register

142DUnregistered rooming house

142EEstablishment of Rooming House Register

142FInformation to be included in Rooming House Register

142GCompilation of information for inclusion in Rooming House Register

142HForm of Rooming House Register

142IRooming House Register—Access and amendment

142JInspection of Rooming House Register

142KRestriction on access to personal information

142LRights of review

Part 4—Caravan parks and movable dwellings—Residency rights and duties

Division 1AA—Application of Part

143AAApplication of Part to caravan parks and movable dwellings

Division 1—Residency rights

143Residency right

144Agreements

144AHarsh and unconscionable terms

145Caravan park owner to notify prospective resident of rights

Division 2—Bonds

146Payment of bond

147What is the maximum bond?

148Condition report

149Condition report is evidence of state of repair

Division 3—Rents and hiring charges

150Limit on rent or hiring charge in advance

151Receipts for rent or hiring charge

152How much notice is required of rent or hiring charge increase?

153Resident may complain to Director about excessive rent or hiringcharge

154Application to Tribunal about excessive rent or hiring charge

155What can the Tribunal order?

156Payment of increased rent or hiring charge pending Tribunal decision

157Additional rent

158Additional hiring charge

159Rent must be reduced if services are reduced

160Resident's goods not to be taken for rent or hiring charges

Division 4—Other charges

161Fee for supply of key

162Resident's liability for electricity, gas and water charges

163Caravan park owner's liability for electricity, gas and water charges

164Owner's responsibility for charges for supply to non-complying appliances

165Reimbursement

166Owner must not seek overpayment for utility charges

Division 5—General duties of residents, caravan park owners and caravan owners

167Resident's use of site

168Resident must not use site for illegal purposes

169Resident's duty to pay rent and hiring charge

170Quiet enjoyment—resident's duty

171Resident must keep site clean

172Resident must not erect structures

173Resident must notify owner of and compensate for damage

174Number of persons residing on site

175Resident must observe caravan park rules

176Caravan park owner must provide access

177Quiet enjoyment—caravan park owner's duty

178Caravan park owner must keep park etc. clean

179Duty of caravan park owner to maintain communal areas

180Maintenance and repair of caravans

181Owner must ensure water efficient appliances installed

182Statement of rights and copy of park rules

183Statement of scale of certain charges, fees and commissions

184Owner to give additional information

185Caravan park rules

186Duties relating to caravan park rules

187What if the caravan park rules are thought to be unreasonable?

Division 6—Repairs

188Urgent repairs to caravans

189Application to Tribunal for urgent repairs

190Application to Director to investigate need for non-urgent repairs

191Application to Tribunal for non-urgent repairs

192What can the Tribunal order?

193Payment of hiring charge into Rent Special Account

194Repair provisions not applicable to certain damage

Division 7—Transfer of rights and sale of caravans and movable dwellings

195Transfer of residency right

196What if the caravan park owner unreasonably withholds consentto transfer?

197Owner must not charge fee for transfer of resident's rights

198Sale of caravan

Division 8—Rights of entry

199Entry of caravan by caravan park owner

200Entry of caravan by caravan owner

201Grounds for entry of caravan or site

202Manner of entry

203What must be in a notice of entry?

204Resident has duty to permit entry

205What if damage is caused during entry?

206What if a person exercising right of entry fails to comply with Division?

206AOffence relating to entering a site or caravan occupied by aresident

Part 4A—Site agreements and site–tenant owned dwellings

Division 1—General requirements for site agreements

206BRightsof site tenants

206CPart 4A dwelling not a fixture

206DCrown land

206ESite agreements to be in writing

206FTerms of site agreement

206GHarsh and unconscionable terms

206HMinimum terms for site agreements in new parks

206ISite agreement consideration period

206JCooling off period

206JACooling off period—Part 4A dwelling purchase agreement

Division 2—Bonds

206KWhat is the maximum bond?

206LApplication to increase maximum amount of bond

206MTribunal may determine maximum bond

206NNot more than one bond is payable in respect of continuous occupation

206OCondition report

206PCondition report is evidence of state of repair

206QCertain guarantees prohibited

206RMaximum amount of certain guarantees

Division 3—Rents and other charges

206SRent, fees and charges under site agreements

206TLimit on rent in advance

206UReceipts for rent

206VHow much notice is required of rent increase?

206WSite tenant may complain to Director about excessive rent

206XApplication to Tribunal about excessive rent

206YWhat can the Tribunal order?

206ZPayment of increased rent pending Tribunal decision

206ZAAdditional charge

206ZBRent must be reduced if services are reduced

206ZCSite tenant's goods not to be taken for rent

Division 4—Other charges

206ZDFee for supply of key

206ZESite tenant's liability for electricity, gas and water charges

206ZFSite owner's liability for electricity, gas and water charges

206ZGReimbursement

206ZHSite owner must not seek overpayment for utility charges

Division 5—General duties of site tenants

206ZISite tenant's use of site

206ZJSite tenant must not use site for illegal purpose

206ZKSite tenant's duty to pay rent

206ZLQuiet enjoyment—site tenant's duty

206ZMSite tenant must keep site clean

206ZNSite tenant must not erect structures

206ZOSite tenant must notify site owner of and compensate for damage

206ZPNumber of persons residing on Part 4A site

206ZQSite tenant must observe Part 4A park rules

Division 6—General duties of site owners

206ZRSite owner must give tenant certain information

206ZSPart 4A site plans

206ZTSite owner must provide access

206ZUQuiet enjoyment—site owner's duty

206ZVSite owner must keep Part 4A park clean

206ZWDuty of site owner to maintain communal areas

206ZXSite owner to give additional information

Division 7—Part 4A park rules

206ZYSite owner may make Part 4A park rules

206ZZAmendment of Part 4A park rules

206ZZAWhat if the Part 4A park rules are thought to be unreasonable?

Division 8—Site tenants' committees

206ZZBParticipation in site tenants' committee

206ZZCSite owner's duties to site tenants' committees

Division 9—Assignment and sub-letting

206ZZDAssignment by a site tenant

206ZZESub-letting by a site tenant

206ZZFSite tenant may apply to Tribunal

206ZZGSite owner cannot ask for fee for giving consent

206ZZHSale of Part 4A dwelling

Division 10—Rights of entry

206ZZIEntry of Part 4A site and Part 4A dwelling by site owner

206ZZJGrounds for entry of Part 4A site

206ZZKManner of entry

206ZZLWhat must be in a notice of entry?

206ZZMSite tenant has duty to permit entry

206ZZNWhat if damage is caused during entry?

206ZZOWhat if a person exercising right of entry fails to comply with Division?

206ZZPOffence relating to entering a site occupied by a site tenant

Part 5—Compensation and compliance

207Definitions

208Breach of duty notice

209Application for compensation or compliance order for breach of duty

209ATribunal must hear application urgently

210Application to Tribunal for compensation order on other grounds

210AApplication to Tribunal by resident for compensation

210BApplication to Tribunal by site tenant or site owner for compensation

211Matters which may be considered by Tribunal

212Orders of Tribunal

213Compensation for unpaid rent

213AACompensation for unpaid rent under site agreement

213AApplication for payment of rent arrears or hiring charge arrears from bond

213BApplication to Tribunal for loss or damage

214Can a person recover compensation under this Part as well as from a bond?

214ACompensation for loss of rent under terminated site agreement

215What powers does a court have to award compensation?

Part 6—Termination

Division 1—Termination of residential tenancies

Subdivision 1—When can a tenancy agreement beterminated?

216Termination of tenancy agreement

217Termination by agreement

218Termination by consent

219Termination after notice to vacate

220Termination by abandonment

221Termination where premises are sub-let

222Termination where landlord not owner of premises

223Termination by mortgagee

224Termination by merger

225Termination by disclaimer

226Termination by tenant before possession

227Termination by landlord before possession

228Termination after death of sole tenant

228ATenancy agreement—cancellation of licence or failure to renew licence

229Offence to obtain possession etc. of premises

Subdivision 2—Variations or creations of tenancy

230Creation of periodic tenancy

231New tenancy created where head tenancy terminated

232Application to Tribunal for creation of tenancy agreement

233Order of Tribunal

233AApplication for new tenancy agreement because of final family violence intervention order

233BTribunal orders for application made under section233A(3)

233CTribunal may determine parties' liability under terminated tenancy agreement

233DCross-examination in proceedings for a new tenancy agreement

234Reduction of fixed term tenancy agreement

Subdivision 3—Notice or abandonment by tenant

235Notice of intention to vacate

236Notice to have no effect in certain circumstances

237Reduced period of notice of intention to vacate in certain circumstances

238Premises destroyed or unfit for habitation

239Failure of landlord to comply with Tribunal order

240Successive breaches by landlord

241Order of Tribunal that premises are abandoned

242Abandoned premises and rent in advance

Subdivision 4—Notice by landlord, ownerormortgagee

243Damage

244Danger

245Condition of premises

246Non-payment of rent

247Failure to pay bond

248Failure to comply with Tribunal order

249Successive breaches by tenant

250Use of premises for illegal purpose

250ADrug-related conduct in public housing

250BPrescribed indictable offences in public housing

251Permitting child to reside in premises

252False statement to housing authority

253Assignment or sub-letting without consent

254Landlord's principal place of residence (fixed term tenancy)

255Repairs

256Demolition

257Premises to be used for business

258Premises to be occupied by landlord or landlord's family

259Premises to be sold

260Premises required for public purposes

261End of fixed term tenancy

262Tenant no longer meets eligibility criteria

262ATenant in transitional housing refuses alternative accommodation

263Notice to vacate for no specified reason

264Prohibition on letting premises after notice

265Effect of excessive rent order on notice to vacate

266Notice to have no effect in certain circumstances

267Notice by owner

268Notice by mortgagee

268ANotice to vacate given by Tribunal order under Rooming House Operators Act2016

268BNotice to vacate—refusal of licence under Rooming House Operators Act 2016

Division 2—Termination of residency rights in rooming houses

Subdivision 1—When does a residency right end?

269Termination after notice

270Termination by Tribunal

271Termination by abandonment

272Termination if room or rooming house destroyed

272AResidency rights—cancellation of licence or failure to renew licence

273Offences relating to interference with rights

Subdivision 2—Notice or abandonment by resident

274Notice of intention to vacate room

275Rent payable on termination without notice

276Rent payable if room vacated early

277Order of abandonment

Subdivision 3—Notice by rooming house owner or rooming house mortgagee

278Damage

279Danger

280Disruption

281Non-payment of rent

282Failure of resident to comply with Tribunal order

283Successive breaches by resident

284Use of room for illegal purpose

285Sale of rooming house

286Repairs or demolition

287Prohibition on renting after notice

287AResident in transitional housing refuses alternative accommodation

288Notice for no specified reason

289Notice of no effect

289ANotice by owner of building or other person who is not rooming house owner

290Notice by rooming house mortgagee

290ANotice to vacate given by Tribunal order under Rooming House Operators Act2016

290BNotice to vacate—refusal of licence under Rooming House Operators Act 2016

Division 3—Termination of residency rightsincaravan parks

Subdivision 1—When does a residency right end?

291Termination after notice

292Termination by agreement

293Termination on execution of warrant

294Termination by abandonment

295Offences relating to interference with rights

Subdivision 2—Notice or abandonment by resident

296Notice of intention to vacate site or caravan

297Notice if caravan destroyed or unfit for habitation

298Rent or hiring charge payable on termination without notice

299Rent or hiring charge payable if site or caravan vacated early

300Abandonment of site or caravan

301Order of abandonment

Subdivision 3—Notice by caravan park owner, caravan owner or caravan mortgagee

302Damage

303Danger

304Disruption

305Non-payment of rent

306Non-payment of hiring charges

307Failure of resident to comply with Tribunal order

308Successive breaches by resident

309Use of site or caravan for illegal purpose

310Sale of caravan

311Change of use

312Occupation by caravan owner

313Prohibition on hiring of caravans or renting of sites after notice

314Notice for no specified reason

315Notice of no effect

316Notice by caravan park mortgagee

317Notice by caravan mortgagee

Division 3A—Termination of site agreements in Part 4A parks

Subdivision 1—When can a site agreement be terminated?

317ATermination of site agreement

317BTermination by agreement

317CTermination by consent

317DTermination after notice to vacate

317ETermination by abandonment

317FTermination if Part 4A site is sub-let

317GTermination if site owner not owner of site

317HTermination by merger

317ITermination by disclaimer

317JTermination by site tenant before occupation or use

317KOffences relating to interference with rights

Subdivision 2—Variations or creations ofsiteagreement

317LCreation of periodic site agreement

317MApplication for new site agreement because of final family violence intervention order

317NTribunal orders for application made under section317M

317OTribunal may determine parties' liability under terminated site agreement

317PCross-examination in proceedings for a new site agreement

317QReduction of fixed term site agreement

Subdivision 3—Notice of intention to vacate or abandonment by site tenant

317RNotice of intention to vacate

317SNotice to have no effect in certain circumstances

317TReduced period of notice of intention to vacate in certain circumstances

317UFailure of site owner to comply with Tribunal order

317VSuccessive breaches by site owner

317WOrder of abandonment

Subdivision 4—Notice by site owner or mortgagee

317XDamage

317YDanger

317ZDisruption

317ZAFailure to comply with Tribunal order

317ZBSuccessive breaches by site tenant

317ZCUse of Part 4A site for illegal purpose

317ZDAssignment or sub-letting without consent

317ZENotice by land owner

317ZFNotice under fixed term site agreement

317ZGNotice under periodic site agreement