Residential Tenancy Regulations 1998

Residential Tenancy Regulations 1998

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under Residential Tenancy Act 1997

G. S. M. GREEN

Governor

By His Excellency's Command,

R. J. GROOM

Minister for Justice

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Residential Tenancy Regulations 1998 .

2.   Commencement

These regulations take effect on 1 July 1998.

3.   Interpretation

In these regulations -

Act means the Residential Tenancy Act 1997 ;

premium means any payment, other than rent, security deposit or other recurrent payment, payable in respect of the occupancy of residential premises that form part of a retirement village ;

retired person means a person who -

(a) has attained the age of 55 years; and

(b) has retired from full- time employment;

retirement village means residential premises provided for, or predominantly for, retired persons and their spouses.

PART 2 - Miscellaneous

4.   Sale of abandoned goods

(1)  For the purpose of section 48 (1)(b) of the Act, an owner may sell abandoned goods if their value is less than $300.

(2)  For the purpose of section 48 (1)(c) of the Act, an owner is to apply for an order to sell abandoned goods if their value is $300 or more.

5.   Non-application of Act

(1)  The Act does not apply to a class of residential tenancy agreements that relates to retirement villages under which premiums are payable.

(2)  The Act does not apply to a class of residential tenancy agreements that -

(a) relates to residential premises providing accommodation for -

(i) homeless persons ; or

(ii) persons experiencing domestic violence; and

(b) are for a period of 3 months or less.

6.   Fees

The fees specified in Schedule 1 are the fees payable in respect of the matters specified in that Schedule.

SCHEDULE 1 - Fees

Regulation 6

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 June 1998

These regulations are administered in the Department of Justice.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) exclude certain residential tenancy agreements relating to retirement villages from the application of the Act; and

(b) provide that an owner may sell without an order abandoned goods with a value of less than $300; and

(c) prescribe fees relating to disputes.