Residential Tenancies Regulations 1998

i Residential Tenancies Regulations 1998 S.R. No. 76/1998 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement and revocation 2 4. Definitions 2 5. Exemption under section 43 2 6. Form of residential tenancy agreement 2 7. Form of notice to prospective caravan park residents 3 8. Form of notice to vacate to a tenant of rented premises 3 9. Form of notice to vacate to a resident of a rooming house 3 10. Form of notice to vacate to a resident of a caravan park 3 11. Form of tenant's notice of objection under section 336(3)(b) or section 337(4)(a) to the use of the alternative procedure for possession 3 12. Form of tenant's statement of rights under section 336(3)(c)— alternative procedure for possession where there are at least 14 days rent arrears 3 13. Form of tenant's statement of rights under section 337(4)(b)— alternative procedure for possession at the end of a fixed term tenancy 4 14. Form of notice under section 361—disposal of personal documents in a caravan 4 15. Form of notice to leave—violence on managed premises 4 16. Form of notice under section 380 4 17. Form of notice—goods left behind (forwarding address known) 4 18. Form of notice—goods left behind (forwarding address unknown) 4 19. Form of notice—sale of goods by public auction 5 20. Prescribed information—bond lodgment form 5 21. Prescribed information—Authority's receipt for bond 5 22. Prescribed information—assignment or transfer by landlord 6 23. Prescribed information—assignment or transfer by tenant 7 __________________ SCHEDULE 8 -- 1 of 32 -- Regulation Page ii Form 1—Residential tenancy agreement 8 Form 2—Notice to prospective caravan park residents 11 Form 3—Notice to vacate to tenant of rented premises 12 Form 4—Notice to vacate to resident of a rooming house 14 Form 5—Notice to vacate to resident of a caravan park 15 Form 6—Notice of objection to the use of the alternative procedure for possession 17 Form 7—Statement of tenant's rights—alternative procedure for possession at least 14 days rent arrears 18 Form 8—Statement of tenant's rights—alternative procedure for possession at the end of fixed term tenancy 20 Form 9—Sheriff's notice of retained personal documents 23 Form 10—Notice to leave to resident of managed premises or resident's visitor 24 Form 11—Notice of retained personal documents 26 Form 12—Notice to former tenant (goods left behind) 27 Form 13—Notice of goods left behind 28 Form 14—Notice of public auction 29 ═══════════════ NOTES 30 -- 2 of 32 -- 1 STATUTORY RULES 1998 S.R. No. 76/1998 Residential Tenancies Act 1997 Residential Tenancies Regulations 1998 The Governor in Council makes the following Regulations: Dated: 30 June 1998 Responsible Minister: JAN WADE Minister for Fair Trading SHARNE BRYAN Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe the standard form of tenancy agreement under the Residential Tenancies Act 1997; and (b) to prescribe certain forms for the purposes of that Act; and (c) to prescribe information relating to bonds for the purposes of that Act; and (d) to exempt the Director of Housing and its agents from the requirements of the Act relating to receipts for rent. 2. Authorising provisions These Regulations are made under sections 26, 43(4), 145, 319, 336(3), 337(4), 361, 368(3), 380, 386(2), 392, 405(1), 407(1), 424(2), 425(2) and 511 of the Residential Tenancies Act 1997. -- 3 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 2 3. Commencement and revocation (1) These Regulations come into operation on 1 July 1998. (2) The following Regulations are revoked— (a) the Residential Tenancies Regulations 19921 ; (b) the Residential Tenancies (Fees) Regulations 19972 ; (c) the Rooming Houses Regulations 19903 . 4. Definitions In these Regulations "the Act" means the Residential Tenancies Act 1997. 5. Exemption under section 43 The Director of Housing or an agent of the Director of Housing is exempt from the requirements of section 43(1), (2) and (3) of the Act subject to the condition that a receipt for payment of rent under a tenancy agreement must— (a) be in writing; and (b) state— (i) particulars sufficient to identify the tenant and the rented premises; and (ii) the date of receipt; and (iii) the amount paid; and (iv) the fact that the payment is for rent. 6. Form of residential tenancy agreement r. 3 r. 6 -- 4 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 3 For the purposes of section 26(1) of the Act, the prescribed standard form of tenancy agreement is Form 1 in the Schedule. 7. Form of notice to prospective caravan park residents For the purposes of section 145 of the Act, the prescribed form of notice to prospective caravan park residents is Form 2 in the Schedule. 8. Form of notice to vacate to a tenant of rented premises The prescribed form of notice to vacate to a tenant of rented premises is Form 3 in the Schedule. 9. Form of notice to vacate to a resident of a rooming house The prescribed form of notice to vacate to a resident of a rooming house is Form 4 in the Schedule. 10. Form of notice to vacate to a resident of a caravan park The prescribed form of notice to vacate to a resident of a caravan park is Form 5 in the Schedule. 11. Form of tenant's notice of objection under section 336(3)(b) or section 337(4)(a) to the use of the alternative procedure for possession For the purposes of section 336(3)(b) or section 337(4)(a) of the Act, the prescribed form of the tenant's notice of objection is Form 6 in the Schedule. 12. Form of tenant's statement of rights under section 336(3)(c)—alternative procedure for possession where there are at least 14 days rent arrears r. 12 -- 5 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 4 For the purposes of section 336(3)(c) of the Act, the prescribed form of the statement of tenant's rights is Form 7 in the Schedule. 13. Form of tenant's statement of rights under section 337(4)(b)—alternative procedure for possession at the end of a fixed term tenancy For the purposes of section 337(4) of the Act, the prescribed statement of tenant's rights is Form 8 in the Schedule. 14. Form of notice under section 361—disposal of personal documents in a caravan For the purposes of section 361 of the Act, the prescribed form of notice is Form 9 in the Schedule. 15. Form of notice to leave—violence on managed premises For the purposes of section 368(3) of the Act, the prescribed form of notice to leave is Form 10 in the Schedule. 16. Form of notice under section 380 For the purposes of section 380 of the Act, the prescribed form of notice is Form 11 in the Schedule. 17. Form of notice—goods left behind (forwarding address known) For the purposes of section 386(2)(a) of the Act, the prescribed form of notice is Form 12 in the Schedule. 18. Form of notice—goods left behind (forwarding address unknown) r. 18 -- 6 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 5 For the purposes of section 386(2)(b) of the Act, the prescribed form of notice is Form 13 in the Schedule. 19. Form of notice—sale of goods by public auction For the purposes of section 392 of the Act, the prescribed form of notice is Form 14 in the Schedule. 20. Prescribed information—bond lodgment form For the purposes of section 405(1) of the Act, the prescribed information is— (a) the type of tenure (rented premises, rooming house or caravan park); (b) the amount of bond; (c) the date the bond was received by the landlord, rooming house owner, caravan park owner or caravan owner or that person's agent; (d) the names of the tenants or residents who contributed to the bond; (e) the name and address of the landlord, rooming house owner, caravan park owner or caravan owner; (f) the address of the rented premises, the rooming house and room number or the caravan park and site number; (g) whether the Director of Housing paid the bond. 21. Prescribed information—Authority's receipt for bond r. 21 -- 7 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 6 For the purposes of section 407(1) of the Act, the prescribed information is— (a) the type of tenure (rented premises, rooming house or caravan park); (b) the amount of bond; (c) the date the bond was received by the Authority; (d) the names of the tenants or residents who contributed to the bond; (e) the address of the rented premises, the rooming house and room number or the caravan park and site number; (f) the name and address of the landlord, rooming house owner, caravan park owner or caravan owner; (g) the bond number assigned to the bond by the Authority. 22. Prescribed information—assignment or transfer by landlord For the purposes of section 424(2) of the Act, the prescribed information is— (a) the bond number assigned to the bond by the Authority; (b) the amount of bond; (c) the names of the tenants; (d) the address of the rented premises; (e) the name and address of the former landlord; (f) the name and address of the new landlord; (g) the effective date of the assignment or transfer. -- 8 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 7 23. Prescribed information—assignment or transfer by tenant For the purposes of section 425(2) of the Act, the prescribed information is— (a) the bond number assigned to the bond by the Authority; (b) the amount of bond; (c) the name and address of the landlord; (d) the address of the rented premises; (e) the names of the former tenants; (f) the names of the new tenants; (g) the effective date of the assignment or transfer. __________________ r. 23 -- 9 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 8 SCHEDULE FORM 1 Residential Tenancies Act 1997 (Section 26) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 6) RESIDENTIAL TENANCY AGREEMENT THIS agreement is made on the day of at BETWEEN (LANDLORD) (Name, A.C.N. (if landlord is a company) and address) (*whose agent is ) *strike out if not applicable (Name, A.C.N. (if agent is a company) and business address) AND (TENANT) (Name, A.C.N. (if tenant is a company) and address) 1. PREMISES The landlord lets the premises known as (*together with those items indicated in the schedule) *strike out if not applicable 2. RENT The rent is $ per commencing on the day of , and payable (*in advance) by the tenant on the day of *strike out if not applicable every to (*the landlord/agent) at (Place of Payment). 3. BOND The tenant must pay a bond of $ to the Landlord/agent on (date). Form 1 -- 10 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 9 In accordance with the Residential Tenancies Act 1997, the landlord must lodge the bond with the Residential Tenancies Bond Authority before the end of five business days after receiving the bond. If there is more than one tenant and they do not contribute equally to the total bond, the amounts they each contribute are listed here: NAME AMOUNT 4. PERIOD (a) The period of the agreement is commencing on the day of and ending on the day of . Unless the agreement terminates in accordance with the Residential Tenancies Act 1997, the agreement will continue as a periodic tenancy; OR (b) The agreement will commence from the day of and continue until terminated in accordance with the Residential Tenancies Act 1997. 5. CONDITION OF THE PREMISES The LANDLORD must ensure that the premises are maintained in good repair. 6. DAMAGE TO THE PREMISES (a) The TENANT must ensure that care is taken to avoid damaging the rented premises. (b) The TENANT must take reasonable care to avoid damaging the premises and any common areas. (c) The TENANT who becomes aware of damage to the rented premises must give notice to the LANDLORD of any damage to the premises as soon practicable. 7. CLEANLINESS OF THE PREMISES (a) The LANDLORD must ensure that the premises are in a reasonably clean condition on the day on which it is agreed that the TENANT is to enter into occupation of the premises. (b) The TENANT must keep the premises in a reasonably clean condition during the period of agreement. 8. USE OF PREMISES Form 1 -- 11 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 10 (a) The TENANT must not use or allow the premises to be used for any illegal purpose. (b) The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises. 9. QUIET ENJOYMENT The LANDLORD must take all reasonable steps to ensure that the TENANT has quiet enjoyment of the premises. 10. ASSIGNMENT OR SUB-LETTING (a) The TENANT must not assign or sub-let the whole or any part of the premises without the written consent of the LANDLORD. The LANDLORD's consent must not be unreasonably withheld. (b) The LANDLORD must not demand or receive any fee or payment for the consent, except in respect of any fees, costs or charges incurred by the landlord in relation to the preparation of a written assignment of the agreement. 11. RESIDENTIAL TENANCIES ACT 1997 Each party must comply with the Residential Tenancies Act 1997. (NOTE: Reference should be made to the Residential Tenancies Act 1997 for further rights and duties.) SCHEDULE OF ITEMS (See Clause 1) ADDITIONAL TERMS Additional terms which do not take away any of the rights and duties included in the Residential Tenancies Act 1997 may be set out in this section. Signature of landlord Signature of tenant __________________ Form 1 -- 12 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 11 FORM 2 Residential Tenancies Act 1997 (Section 145) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 7) NOTICE TO PROSPECTIVE CARAVAN PARK RESIDENTS BECOMING A RESIDENT AT THIS CARAVAN PARK The Residential Tenancies Act 1997 sets out the rights and duties of residents and caravan park owners in relation to each other and provides for settling disputes. A "resident" is defined in the Residential Tenancies Act 1997. 1. You may enter into a written agreement with the caravan park owner to become a resident of the caravan park at any time. A caravan park owner is not obliged to enter into such an agreement with you. 2. Even if you do not enter into a written agreement to become a resident, you will automatically become a resident of the caravan park if you occupy any site in the caravan park as your only or main residence for at least 90 consecutive days. Once you become a resident, the Residential Tenancies Act 1997 applies to you and your residency in the caravan park. __________________ Form 2 -- 13 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 12 FORM 3 Residential Tenancies Act 1997 (Section 319) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 8) NOTICE TO VACATE TO TENANT OF RENTED PREMISES 1. This notice is given to (insert tenant/s name) 2. Regarding the rented premises at (insert address of rented premises) 3. Your address is (if same as address in 2, write "as above") 4. I am giving you this notice as ! the landlord ! the owner ! the mortgagee (mark one only) 5. Landlord's/owner's/mortgagee's name 6. Landlord's or owner's or mortgagee's address for serving documents (can be an agent's) 7. Contact telephone numbers for landlord/owner/mortgagee 8. I require you to vacate on or before (insert date) (TERMINATION DATE) 9. Reason for notice to vacate (Insert the reason for the notice to vacate, if a reason is required by the Act) 10. This notice is given By hand By registered post On this date 11. Signature Form 3 -- 14 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 13 12. Name of agent (if an agent is serving the notice) __________________ Form 3 -- 15 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 14 FORM 4 Residential Tenancies Act 1997 (Section 319) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 9) NOTICE TO VACATE TO RESIDENT OF A ROOMING HOUSE 1. This notice is given to (insert resident/s name) 2. Regarding the rooming house at (include room no.) 3. Your address is (if same as address in 2, write "as above") 4. I am giving you this notice as ! the rooming house owner ! the mortgagee of the rooming house 5. Rooming house owner's/mortgagee's name 6. Rooming house owner's/mortgagee's address for serving documents (can be an agent's) 7. Rooming house owner's/mortgagee's contact telephone numbers 8. I require you to vacate on or before(insert date) (TERMINATION DATE) 9. Reason for notice to vacate (Insert the reason for the notice to vacate, if a reason is required by the Act) 10. This notice is given By hand By registered post On this date (insert date) 11. Signature 12. Name of agent (if an agent is serving the notice) __________________ Form 4 -- 16 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 15 FORM 5 Residential Tenancies Act 1997 (Section 319) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 10) NOTICE TO VACATE TO RESIDENT OF A CARAVAN PARK 1. This notice is given to (insert resident/s name) 2. Regarding the caravan at (include site no.) 3. Your address is (if same as address in 2, write "as above") 4. I am giving you this notice as ! the caravan park owner ! the caravan owner ! the caravan park mortgagee ! the caravan mortgagee 5. Name of caravan park owner/caravan owner/ caravan park mortgagee/caravan mortgagee 6. Address for serving documents of caravan park owner/caravan owner/caravan park mortgagee/caravan mortgagee (can be an agent's) 7. Contact telephone numbers 8. I require you to vacate on or before (insert date) (TERMINATION DATE) 9. Reason for notice to vacate (Insert the reason for the notice to vacate, if a reason is required by the Act) 10. This notice is given By hand By registered post On this date Form 5 -- 17 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 16 11. Signature 12. Name of agent (if an agent is serving the notice) __________________ Form 5 -- 18 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 17 FORM 6 Residential Tenancies Act 1997 (Sections 336(3)(b), 337(4)(a)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 11) NOTICE OF OBJECTION TO THE USE OF THE ALTERNATIVE PROCEDURE FOR POSSESSION 1. To: 1. Tribunal 2. Landlord (insert name and address of landlord) 2. Regarding rented premises at (insert address of rented premises) 3. The landlord's notice to vacate gave this termination date (insert termination date) 4. My name is (insert name of tenant) 5. My address for service of documents is (insert address, may be an agent's) 6. I have received a copy of the landlord's application to the Tribunal for a possession order using the alternative procedure for possession in Division 2 of Part 7 of the Residential Tenancies Act 1997. In accordance with section 338 of the Act I OBJECT to the use of that procedure for a possession order. 8. This notice is given By hand By registered post On this date (insert date of notice) 8. Signature 9. Name of agent (if an agent is serving the notice) __________________ Form 6 -- 19 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 18 FORM 7 Residential Tenancies Act 1997 (Section 336(3)(c)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 12) STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT LEAST 14 DAYS RENT ARREARS TO THE TENANT 1. The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED. 2. The landlord will have given you personally, or sent to you by registered post the following documents— (1) a notice to vacate the rented premises which must specify a date for you to vacate which is at least 14 days after the notice to vacate was given to you ("termination date"); (2) a copy of the landlord's application to the Tribunal for a possession order for the rented premises; (3) 2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure; (4) this statement of rights. 3. IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must— (1) complete and lodge one of the enclosed notice of objection forms with the Tribunal; and (2) complete and serve the other enclosed notice of objection form on the landlord. Form 7 -- 20 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 19 YOU HAVE UNTIL 4 P.M. ON THE TERMINATION DATE (the day specified in the notice to vacate as the day when you must vacate the rented premises) TO LODGE YOUR OBJECTION WITH THE TRIBUNAL. WHAT HAPPENS NEXT? If you lodge the objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises. If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal. The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order. If you are in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Bond Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover. Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue. IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION. __________________ Form 7 -- 21 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 20 FORM 8 Residential Tenancies Act 1997 (Section 337(4)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 13) STATEMENT OF TENANT'S RIGHTS—ALTERNATIVE PROCEDURE FOR POSSESSION AT THE END OF FIXED TERM TENANCY TO THE TENANT 1. The landlord has applied to the Tribunal for a possession order for your rented premises. This is an alternative possession procedure which allows the Registrar of the Tribunal to make a possession order effective immediately (or, if requested by the landlord, at a later date) if you do not object within a certain time. THERE WILL NOT BE A HEARING IF THIS PROCEDURE IS USED. 2. You will have already received a notice to vacate under section 261 of the Residential Tenancies Act 1997 specifying a termination date which is the end of the fixed term. The landlord will also have given you notice that he or she intends to apply to the Residential Tenancies Tribunal for a possession order if you do not deliver up vacant possession of the rented premises by the end of the termination date set out in the notice to vacate. 3. If the landlord has given you a notice of his or her intention to apply for a possession order, this notice of intention must be given to you— (a) if your fixed term tenancy agreement is for 6 months or more, at least 14 days and not more than 21 days before the termination date; OR (b) if your fixed term tenancy agreement is for less than 6 months, at least 7 days and not more than 14 days before the termination date. 4. The landlord can only apply for a possession order under the alternative possession procedure if he or she has given you the notice to vacate and notice of intention to apply to the Tribunal AND you have not delivered up vacant possession of the rented premises by the end of the termination date specified in the notice to vacate. 5. The landlord must give you— Form 8 -- 22 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 21 (1) a copy of the landlord's application to the Tribunal for a possession order for the rented premises; (2) 2 notice of objection forms for your use if you wish to object to the landlord applying to the Tribunal to get the rented premises back under the alternative possession procedure; (3) this statement of rights. 6. IF YOU WISH TO OBJECT to the making of the possession order under the alternative possession procedure, you must— (1) complete and lodge one of notice of objection forms with the Tribunal; and (2) complete and serve the other notice of objection form on the landlord. YOU HAVE UNTIL THE END OF 4 BUSINESS DAYS AFTER THE DATE YOU RECEIVED THE LANDLORD'S COPY OF THE APPLICATION TO THE TRIBUNAL FOR A POSSESSION ORDER TO LODGE YOUR OBJECTION WITH THE TRIBUNAL. WHAT HAPPENS NEXT? If you lodge the notice of objection with the Tribunal within the required time, there will be a Tribunal hearing and you will be required to go to the Tribunal to show why the landlord should not be given a possession order to regain the rented premises. If you do not wish to object or do not object within the required time, the landlord has 28 days to lodge a request for a determination of the matter with the Tribunal. The Registrar of the Tribunal may then make a possession order directing you to vacate the premises immediately or on the date specified in the order. If you are also in arrears for rent, the Registrar will determine the amount of rent you owe and direct the Residential Tenancies Board Authority to pay an amount of your bond to the landlord for the rent owing. You will still be liable for any outstanding amount of rent that the bond does not cover. Once a possession order is made the landlord can get a warrant of possession which must be executed within the time specified in the order which must not exceed 30 days from its issue. IF YOU FAIL TO COMPLY WITH A POSSESSION ORDER TO VACATE THE PREMISES, YOU MAY BE FORCIBLY REMOVED Form 8 -- 23 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 22 BY THE POLICE OR OTHER PERSON AUTHORISED TO CARRY OUT THE WARRANT OF POSSESSION. __________________ Form 8 -- 24 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 23 FORM 9 Residential Tenancies Act 1997 (Section 361) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 14) SHERIFF'S NOTICE OF RETAINED PERSONAL DOCUMENTS 1. The personal documents described below: (insert description of personal documents) which were left by (insert name of former resident) in a caravan at (insert name and address of caravan park) are being stored by the Sheriff at(Sheriff’s storage address) for a period of 90 days from (insert date). 2. It is intended to dispose of the personal documents at the end of this 90 day storage period. 3. If the former resident or any other person who can give satisfactory evidence of his or her right to the documents wishes to reclaim the documents, this can be done before the end of the 90 day storage period. Please note that there may be costs payable for the removal and storage of those documents and for the placement of this advertisement that the person claiming the documents must pay to the sheriff when claiming them. __________________ Form 9 -- 25 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 24 FORM 10 Residential Tenancies Act 1997 (Section 368(3)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 15) NOTICE TO LEAVE TO RESIDENT OF MANAGED PREMISES OR RESIDENT'S VISITOR 1. This notice is given to (insert name of resident or name of resident's visitor as appropriate) 2. Whose address is (insert address if known) 3. Regarding managed premises at (if answer is the same as Q2, write "as above") 4. Name of manager (insert name of manager) 5. I, as manager of the managed premises referred to in 3, give you notice to leave those managed premises immediately because I reasonably believe * you have committed a serious act of violence on these premises OR * the safety of a person on the premises is in danger from you (*Delete whichever does not apply) 6. By the end of the next business day after I have given you this notice to leave, I will notify the Registrar of the Tribunal. 7. Signature of manager 8. Date of notice TO THE RESIDENT/VISITOR 1. It is an offence to remain on the managed premises after receiving this notice to leave. 2. If you are a RESIDENT— (a) your tenancy or residency right is now SUSPENDED until either— Form 10 -- 26 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 25 (i) the end of 2 business days from the date of this notice; OR (ii) if your landlord or rooming house owner or caravan park owner applies to the Tribunal for an order to terminate your tenancy agreement or residency right, the Tribunal decides that application; and (b) it is an offence to enter the managed premises while a suspension is in force; and (c) despite your tenancy agreement or residency right being suspended, you are still required to pay rent (and hiring charge, in the case of a caravan) during the suspension period 3. This notice can only be given to residents or visitors of those residents of managed premises. See Part 8 of the Residential Tenancies Act 1997 which defines these terms. A resident is a resident of a rooming house or caravan park. It also includes a tenant who has rented premises in a "managed high density building". This means a building which has 2 or more rented premises and which has an on-site manager. __________________ Form 10 -- 27 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 26 FORM 11 Residential Tenancies Act 1997 (Section 380) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 16) NOTICE OF RETAINED PERSONAL DOCUMENTS 1. The personal documents described below: (insert description of personal documents) which were left by (insert name of former tenant or resident) at (insert address) when *your tenancy agreement was terminated, *you vacated the room and left goods behind, *you vacated the caravan and left goods behind, on (insert date) are being held at (address where documents held) for a period of 28 days from (insert date). 2. It is intended to dispose of the personal documents at the end of this 28 day period. 3. If the former tenant or resident or person who has a lawful right to reclaim them wishes to reclaim the personal documents, this can be done before the end of the 28 day period. Please note that there may be costs for the removal and taking reasonable care of the documents and for the placement of this advertisement which the person reclaiming the documents must pay before they can be reclaimed. *Delete whichever does not apply __________________ Form 11 -- 28 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 27 FORM 12 Residential Tenancies Act 1997 (Section 386(2)(a)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 17) NOTICE TO FORMER TENANT (GOODS LEFT BEHIND) To (name and forwarding address of former tenant) 1. The goods described below: (insert description of goods) which were left on rented premises at (insert address) when your tenancy agreement in respect of those premises was terminated on (insert date), are being stored on premises at (address of storage address) for a period of 28 days from (insert date). 2. The costs involved in removal and storage of the goods are $ to date and continue to accrue at $ per day. 3. After the end of the 28 day storage period it is intended to dispose of the goods by sale by public auction at* a.m./p.m. on (insert date) at (insert place) and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997. 4. If you wish to reclaim the goods, you may do so before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale. Signature of former landlord Name and address of former landlord Date: * Delete reference to time, date and place of auction if not known to landlord at the time of giving this notice. __________________ Form 12 -- 29 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 28 FORM 13 Residential Tenancies Act 1997 (Section 386(2)(b)) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 18) NOTICE OF GOODS LEFT BEHIND 1. The goods described below: (insert description of goods) which were left by (insert name of former tenant) on rented premises at (insert address) when the tenancy agreement in respect of those premises was terminated on (insert date), are being stored on premises at (address of storage address) for a period of 28 days from (insert date). 2. The costs involved in removal and storage of the goods are $ to date and continue to accrue at $ per day. 3. After the end of the 28 day storage period, it is intended to dispose of the goods by sale by public auction at* a.m./p.m. on (insert date) at (insert place) and the proceeds of the sale of the goods will be dealt with in accordance with section 393 of the Residential Tenancies Act 1997. 4. If the former tenant or other person who has a lawful right to the goods wishes to reclaim them, this can be done before the public auction upon payment to the former landlord of the reasonable costs incurred for the removal, storage, notification and organising of the sale of the goods. * Delete reference to time, date and place of auction if not known to landlord at the time of giving this notice. __________________ Form 13 -- 30 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 29 FORM 14 Residential Tenancies Act 1997 (Section 392) RESIDENTIAL TENANCIES REGULATIONS 1998 (Regulation 19) NOTICE OF PUBLIC AUCTION The goods described below: (insert description of goods) which were left by (insert name of former tenant or former resident) on *rented premises/in the rooming house/in a caravan/in the caravan park at (insert address) will be disposed of by public auction **at a.m./p.m. on at (insert place) Name and address of owner of premises * Delete whichever is inapplicable ** Delete reference to time, date and place of auction if not known to owner of premises at the time of giving this notice. NOTE: "owner of premises" means the former landlord, rooming house owner, caravan park owner, caravan park mortgagee, caravan owner or caravan mortgagee as the case may be. ═══════════════ Form 14 -- 31 of 32 -- S.R. No. 76/1998 Residential Tenancies Regulations 1998 30 NOTES 1 Reg. 3(2)(a): S.R. No. 125/1992 as amended by S.R. No. 160/1997. 2 Reg. 3(2)(b): S.R. No. 160/1997. 3 Reg. 3(2)(c): S.R. No. 303/1990. Notes -- 32 of 32 --