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Section of the Residential Tenancies Act
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Obligation
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Penalty for breaching obligation
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s.26(2)
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A tenancy agreement must be in the prescribed form (Form 1 Schedule 1)
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5 penalty units
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s.29(1)
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A landlord must not give a tenant draft documents or terms to sign unless a copy has been provided to the tenant
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5 penalty units
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s.29(2)
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A tenant must be given a signed copy of an agreement or terms within 14 days of being agreed to
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5 penalty units
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s.34
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A person must not demand or accept a second bond
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10 penalty units
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s.35(1)
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If a tenant pays a bond the landlord must, before commencement of occupation, give the tenant two signed copies of a Condition Report
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5 penalty units
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s.41
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A landlord must not require a tenant to pay rent more than two weeks in advance if rent is payable each week
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10 penalty units
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s.43(1)
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Written receipt for rent to be provided immediately if paid in person or within five business days if requested (and not paid in person)
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5 penalty units
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s.43(2)
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Where rent is not paid in person and the tenant does not request a receipt, the landlord must retain records of all payments for 12 months
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5 penalty units
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s.43(2A)
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Where a tenant requests a copy of a rent receipt within 12 months, the landlord must provide a copy within five days
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5 penalty units
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s.49
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A person must not take or dispose of a tenant’s goods as a result of rent owing
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10 penalty units
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s.51(1)
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A person cannot charge a fee for making, continuing or renewing a tenancy agreement
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10 penalty units
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s.51(2)
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A person cannot demand or receive a fee from the tenant for inspection of premises
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10 penalty units
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s.51(3)
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A person cannot charge for rent payment card or use of direct debit to pay for rent
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10 penalty units
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s.56
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Landlord must not seek overpayment for utility charge
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10 penalty units
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s.66(1)
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Landlord must give the tenant a copy of rights and duties in prescribed form
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5 penalty units
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s.66(2)
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Landlord must provide full name, address and (where there is no agent) emergency telephone number in writing
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5 penalty units
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s.66(3)
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If an agent acts for a landlord, the landlord must provide the tenant in writing with the agent’s name and address and whether the agent can authorise urgent repairs
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5 penalty units
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s.66(4)
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The landlord must notify the tenant in writing of any changes in certain information previously provided within seven days after the change
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5 penalty units
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s.96
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A rooming house owner must not demand or accept a bond that exceeds 14 days of rent
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10 penalty units
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s.97(1)
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If a resident pays a bond the rooming house owner must, before commencement of occupation, provide two signed copies of the Condition Report to the resident
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5 penalty units
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s.99
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A rooming house owner must not require rent payable more then 14 days in advance
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5 penalty units
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s.100(1)
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Written receipt for rent to be provided immediately if paid in person or within five days if requested (and not paid in person)
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5 penalty units
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s.100(2)
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Where rent is not paid in person and the resident does not request a receipt the rooming house owner must retain records of all payments for 12 months
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5 penalty units
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s.100(2A)
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Where a resident requests a copy of a rent receipt within 12 months, the rooming house owner must provide a copy within five days
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5 penalty units
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s.107
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A person must not take or dispose of a resident’s goods as a result of rent owing
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10 penalty units
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s.124
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The rooming house owner must prominently display, in each resident’s room, a written statement of the resident’s rights and obligations (in the approved form) and a copy of the house rules
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5 penalty units
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s.125(1)
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Rooming house owner must provide in writing their full name, address and (where there is no agent) emergency telephone number
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5 penalty units
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s.125(2)
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If an agent acts for a rooming house owner, that owner must provide the resident in writing with the agent’s name and address and whether the agent can authorise urgent repairs
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5 penalty units
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s.145
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A caravan park owner must give notice (Form 2 Schedule 1) to a person who intends to occupy a site as a main residence that they may enter into a written agreement and that they become a resident if they occupy the premises for 60 consecutive days
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5 penalty units
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s.146(3)
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A caravan park owner must not require a person to pay a bond where they have not entered into a written agreement
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10 penalty points
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s.147
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A caravan park owner must not demand or accept a bond that exceeds 28 days of rent
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10 penalty points
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s.148(1)
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If a resident pays a bond the caravan park owner must, before commencement of occupation, give the resident two signed copies of a Condition Report
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5 penalty units
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s.150(1)
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A caravan park owner must not require rent payable more than 14 days in advance
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10 penalty units
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s.150(2)
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A caravan park owner must not require a hiring charge more than 28 days in advance
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10 penalty units
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s.151(1)
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Written receipt for rent or hiring charge to be provided immediately if paid in person or within five days if requested (and not paid in person)
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5 penalty units
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s.151(2)
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When rent or hiring charges are not paid person and the resident does not request a copy, the caravan park owner must keep records of payments for 12 months
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5 penalty units
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s.151(2A)
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Where a resident requests a copy within 12 months the owner must provide a copy within five days
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5 penalty units
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s.160
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A person must not take or dispose of a resident’s goods as a result of rent or hiring charges owing
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10 penalty units
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s.166(1)
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Caravan park owner must not seek overpayment for utility charges
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10 penalty units
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s.182
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On the day that a resident enters into occupation of a caravan park, the caravan park owner must give the resident a written statement of their rights and duties, and a copy of the caravan park rules
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5 penalty units
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s.183(1)
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On the day that a resident enters into occupation of a caravan park, the caravan park owner must give the resident a written statement setting out additional rent, hiring charges, fees and scale of commissions
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5 penalty units
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s.183(2)
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A caravan park owner must give a resident seven days notice of any proposed changes to additional rent, hiring charges, fees and scale of commissions
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5 penalty units
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s.184(1)
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Caravan park owner must provide in writing their full name, address and (where there is no agent) emergency telephone number
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5 penalty units
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s.184(2)
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If an agent acts for a caravan park owner, that owner must provide the resident in writing with the agent’s name and address and whether the agent can authorise urgent repairs
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5 penalty units
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s.184(3)
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The caravan park owner must notify the resident in writing of any changes to contact details within seven days of the change
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5 penalty units
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s.186(1)
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The caravan park owner must notify the resident of any changes to the caravan park rules within seven days of the change
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5 penalty units
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s.198(1)
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A caravan park owner must not enter into an agreement to sell a caravan unless they have provided a scale of commission for the sale
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5 penalty units
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s.198(2)
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A caravan par owner must not obstruct or hinder the sale of a caravan park
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20 penalty units
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s.264(1)
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Where the landlord gives a tenant a Notice to Vacate due to:
- demolition
- change in use to business purposes
- occupation by the landlord's family
- sale of the premises
the premises may not be let until six months have passed
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20 penalty units
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s.287(1)
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Where the rooming house owner gives a resident a Notice to Vacate due to repairs, reconstruction or demolition, the room may not be rented until six months have passed
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20 penalty units
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s.295
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Except in accordance with the Act, a person must not force a resident to vacate, take possession of, restrict access to, interfere with the peace of, or restrict services or facilities to a site
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20 penalty units
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s.358(1)
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A person removed from a rooming house under warrant must not re-enter and take possession of a room
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20 penalty units
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s.358(2)
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A person removed from a site or caravan park under warrant must not re-enter and take possession of a site or caravan
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20 penalty units
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s.369
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A person given Notice to Leave a managed property must not remain on the premises after receiving a copy of the notice
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10 penalty units
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s.372
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A resident whose tenancy agreement has been suspended must not re-enter the premises during that suspension
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10 penalty units
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s.373
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Where a notice to Leave has been issued the manager must also give the principal registrar written notice by no later than the end of the next business day
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20 penalty units
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s.377(1)
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Where a tenancy agreement is suspended, a rooming house owner must not allow a party to lease or occupy the premises during that suspension
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20 penalty units
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s.377(2)
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Where a residency right is suspended, a rooming house owner must not allow a party to occupy the premises during that suspension
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20 penalty units
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s.377(3)
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Where a residency right is suspended, a caravan park owner must not allow a party to occupy the premises during that suspension
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20 penalty units
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s.382(2)
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Where a person wishes to reclaim documents and pays associated costs, the owner of the premises must not refuse to give the documents to that person
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20 penalty units
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s.405(1)
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A landlord must, at the time a bond is paid, complete and sign a Bond Lodgement form and give the form to the tenant to sign
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5 penalty units
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s.405(4)
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The landlord must give the tenant a copy of the Bond Lodgement form
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5 penalty units
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s.406
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The landlord must, within 10 days after a bond is received, lodge that bond with the Residential Tenancies Bond Authority (RTBA)
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10 penalty units
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s.424(1)
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If a landlord assigns or transfers their rights under an agreement they must notify the RTBA of the assignment or transfer of a bond
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10 penalty units
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s.424(3)
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Where the landlord transfers their rights they must provide the tenant with a copy of a notice with the information prescribed in Regulation 22
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10 penalty units
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s.425(1)
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If a tenant assigns or transfers their rights under an agreement they must notify the RTBA of the assignment or transfer of a bond
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10 penalty units
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s.428
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The tenant must pay rent and not use their bond as rent
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20 penalty units
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