Residential Tenancy Amendment (Minimum Window Coverings for Social Housing Properties) Act 2023

Residential Tenancy Amendment (Minimum Window Coverings for Social Housing Properties) Act 2023

An Act to amend the Residential Tenancy Act 1997 for the purposes of requiring social housing properties to be furnished with minimum window coverings at the commencement of a new tenancy agreement

Be it enacted by His Excellency the Lieutenant-Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Residential Tenancy Amendment (Minimum Window Coverings for Social Housing Properties) Act 2023 .

2.   Commencement

This Act commences 6 months after the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Residential Tenancy Act 1997 is referred to as the Principal Act.

4.    Section 36N amended (Window covering for privacy)

Section 36N of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "An owner" and substituting "An owner who is not a social housing provider";

(b) by omitting subsection (2) ;

(c) by inserting the following subsections after subsection (1) :

(2)  A social housing provider must not enter into a new residential tenancy agreement relating to a premises unless curtains or blinds cover each window in any room, in the premises, that the social housing provider knows is likely to be used as a bedroom or a living area.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Subsection (2) does not apply to a social housing provider, in respect of premises, if –

(a) at the time the social housing provider enters into a new residential tenancy agreement in relation to the premises, the social housing provider agrees to furnish the premises with such window coverings at the provider’s own expense; and

(b) such window coverings are provided, and installed, as soon as practicable, but not later than 30 days, after the social housing provider enters into the agreement.

(4)  For the avoidance of doubt, a reference in subsection (2) or (3) to a new residential tenancy agreement does not include the extension or renewal of a residential tenancy agreement.

5.   Repeal of Act

This Act is repealed on the first anniversary of the day on which this Act commences.

[Second reading presentation speech made in:

House of Assembly on 6 SEPTEMBER 2023

Legislative Council on 28 SEPTEMBER 2023]