Residential Tenancies (Miscellaneous) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

. No. 1. Clause 22, page 14, lines 2 to 10 [clause 22(9), inserted subsection (14)]—Delete inserted subsection (14) and substitute:

(14) Despite any provision of this section, the following provisions apply to the repayment of a bond under a residential tenancy agreement where there are co-tenants, other than if the whole amount of the bond is to be paid to the landlord:

(a) if the application proposes that none of the bond is to be paid to the landlord and the landlord agrees to the application—

(i) in the case of an application that proposes that the bond be paid to the co-tenants in shares that are not equal and each co-tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or

(ii) in the case of an application that proposes that the bond be paid to the co-tenants in equal shares—the Commissioner must pay the bond to all co-tenants in equal shares;

(b) if the application proposes the payment of a specified amount of the bond to the landlord and the balance to the co-tenants, and the amount proposed to be paid to the landlord is agreed to by the landlord—

(i) in a case where the balance payable to the co-tenants is to be paid in shares that are not equal and each co-tenant consents to their share as proposed—the Commissioner must pay the bond as specified in the application; or

(ii) in a case where the balance payable to the co-tenants is to be paid in equal shares and at least 1 of the co-tenants consents—the Commissioner may pay the bond as specified in the application.

(14a) If the Commissioner acts under subsection (14) in relation to an application, the application is not liable to be disputed.

No. 2. Clause 36, page 26, lines 7 to 11 [clause 36, inserted section 75A(1)]—Delete inserted subsection (1) and substitute:

(1) If a tenant under a residential tenancy agreement for a fixed term terminates a tenancy, the tenant will not be liable to pay more than the following amount of rent under the agreement:

(a) if the term of the agreement remaining after the day on which the tenant is to give up vacant possession of the premises is less than 24 months—1 month's rent;

(b) in any other case—1 month's rent for each whole 12 month period of the term of the agreement remaining after the day on which the tenant is to give up vacant possession of the premises (provided that a tenant cannot be liable to pay more than 6 months' rent in total under this paragraph).

At 18:28 the house adjourned until Wednesday 29 November 2023 at 10:30.