Residential Tenancies Act 2010 (NSW)

Residential Tenancies Act 2010 No 42

An Act with respect to the rights and obligations of landlords and tenants, rents, rental bonds and other matters relating to residential tenancy agreements; and for other purposes.

Part 1 Preliminary

Division 1 General

1 Name of Act This Act is the Residential Tenancies Act 2010.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— acceptable behaviour agreement—see section 138. apprehended violence order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007 and includes a provisional, interim and final apprehended violence order. approved form means the form approved from time to time by the Secretary. Board means the Rental Bond Board constituted under this Act. break fee—see section 107. business day means a day that is not— (a) a Saturday or Sunday, or (b) a public holiday or bank holiday throughout the State. co-tenant means a tenant who is one of 2 or more tenants under a residential tenancy agreement. Department means the Department of Customer Service. domestic violence offence has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007. exercise a function includes perform a duty. fixed term agreement means a residential tenancy agreement for a tenancy for a fixed term. function includes a power, authority or duty. give includes cause to give. holding fee means an amount paid or required to be paid to a person for not letting premises pending the making of a residential tenancy agreement. investigator means an investigator appointed under section 18 of the Fair Trading Act 1987. landlord means— (a) the person who grants the right to occupy residential premises under a residential tenancy agreement, or (b) a successor in title to the residential premises whose interest is subject to the interest of the tenant, or (c) a tenant who has granted the right to occupy residential premises to a sub-tenant, and includes a prospective landlord. landlord's agent means a person who acts as the agent of a landlord and who (whether or not the person carries on any other business) carries on business as an agent for— (a) the letting of residential premises, or (b) the collection of rents payable for any tenancy of residential premises.