Renting in the NT

Changes to the Residential Tenancies Act 1999 (Residential Tenancies Amendment Bill 2023) - commencing 2 January 2024

Background/purpose

The Residential Tenancies Act 1999 has been in operation for over 20 years. Overall, government is satisfied that the Act continues to balance the interests of landlords and tenants in the Northern Territory (NT). However, the changing landscape of housing means that government needs to ensure that the Act remains fit for purpose for the contemporary environment.

In 2019, government undertook a comprehensive root and branch review of the Act. As government and stakeholders worked though the issues identified through the 2019 review, tranche 1 of the reform program was implemented through the Residential Tenancies Legislation Amendment Bill 2020.

This Bill, the Residential Tenancies Legislation Amendment Bill 2023, delivers tranche 2 of the reform program, implementing measures that enhance protections and options for victims of domestic and family violence (DVF), and address other emerging issues facing tenants identified by stakeholders in the Residential Tenancies Act Review Working Group, and National Cabinet.

Changes included in the Bill

Enhanced protections and options for victims of DFV

• Creating a process that enables a tenant to conclusively establish the presence of DFV, so that they can access the additional protections delivered in the Bill, ensuring that a victim tenant does not face the risk of further harm through having to retell their story every time they seek protection.
• Establishing a streamlined process for immediate termination of a victim‑tenant’s interest in a tenancy by giving written notice to the landlord and any co-tenants in the approved form if the tenant or a dependent of the tenant has experienced DFV.
• Clarifying that a victim tenant is not liable for DFV related acts or omissions of a non‑tenant that would otherwise result in the victim tenant breaching the tenancy agreement. This amendment also confirms that the landlord may seek redress for any loss the landlord has suffered as a result of that breach of the tenancy agreement directly from the perpetrator of the DFV.
• Requiring a landlord to obtain the tenant’s permission to use images or video of the premises when advertising the premises for rent or sale, where that image or video might identify the tenant or another occupant.
• Expanding the scope of undue hardship under section 99 to specifically include financial hardship and situations where the applicant faced risk to physical, psychological or mental health and safety as grounds constituting undue hardship.
• Clarifying the circumstances around when a person may be listed on a tenancy database at the end of a tenancy, and provide the ability for a victim tenant to apply to Northern Territory Civil and Administrative Tribunal (NTCAT) and seek the removal of their personal information from a database.

Confirming what a tenant is, and is not, required to pay

• Clarifying that a tenant is not required to make payments or provide guarantees, indemnities, or other sureties, other than rent, a security deposit (bond) or those expressly provided in the Act, such as utility charges.
• Prohibiting rent bidding, rent auctions, gazumping, and unilateral increases in rent between offer and formally entering into a tenancy agreement.

Protection of a tenant’s personal information

• Ensuring that only the most relevant personal information of a tenant required to assess an application is gathered, and retained by a prospective landlord, with requirements for the landlord to take reasonable steps to protect that information, and to destroy that information within set timeframes.

Realigning no‑cause termination provisions

• Increase and align notice periods set out in sections 89 and 90 of the Act to 60 days for both periodic and fixed‑term tenancies.

Clarifying the process for tenants changing locks and making safety and security modifications

• Clarifying that a tenant may change locks provided they obtain the landlord’s consent.
• Establishing a process for a tenant to make minor modifications to premises for safety or security purposes with the landlord’s consent.

Enabling electronic service of notices

• Providing tenants and landlords with the option to give notices required under the Act by electronic means in accordance with the Electronic Transactions (Northern Territory) Act 2000.

Update on rental tenancy changes due to COVID-19

The COVID-19 pandemic and the resulting restrictions put some Territorians into financial difficulties. This resulted in the NT Government examining the Residential Tenancies Act 1999 and the Business Tenancies (Fair Dealings) Act 2003 to assist renters remaining in their rental properties for the duration of this crisis.

These measures generally cease at 11:59pm on 15 June 2022, as the declaration of public health emergency ends at that time.

Tenancy agreements signed on or after 16 June 2022 will be governed solely by the Residential Tenancies Act 1999 and as detailed in the guide to renting in the Northern Territory PDF (3.2 MB) .

However, the modifications to the Residential Tenancies Act 1999 that existed during the COVID-19 public health emergency will generally continue to apply to those tenancy agreements that were signed before 16 June 2022, until the tenancy ends.

A guide to renting in the Northern Territory

This guide is to give landlords and tenants an overview of their rights and responsibilities under the NT Residential Tenancies Act 1999. It is important to note that this information is not the Act itself.

Keeping pets in a rental property

Changes to the NT Residential Tenancies Act 1999 commence on 1 January 2021. Some of these changes focus on keeping pets in residential rental properties in the NT.

Previously, the tenant and the landlord negotiated allowing pets as part of the lease agreement. The new changes allow pet ownership, conditional on the type of pet being reasonable for the type and size of the rental property. The changes only apply to lease agreements signed after 1 January 2021 and include having to notify the landlord prior to bringing the pet onto the rental property.

Tenancy databases

A tenancy database (or blacklist as it is more commonly known) is a list used by landlords to record personal information about the rental history of their tenants should they default on their tenancy agreement. New NT tenancy database legislation commenced as of 1 July 2018 and helps regulate how entries into these databases are managed and help protect the rights of tenants. The tenancy database legislative rights and responsibilities of both tenants and landlords are outlined in the Residential Tenancies Act 1999.

Below is a guide for both landlords and tenants:

Tenancy - water charges

Landlords are allowed to pass on the full cost of water consumption provided:

• the rental premises are individually metered, and
• the tenancy agreement states the tenant must pay for water consumption.

However, a landlord cannot ask a tenant to pay for charges, levies, rates or taxes, other than a charge payable by the owner or occupier of the premises for electricity, gas or water supplied to the premises.

For general advice about residential tenancies please contact our office on 08 8999 1999 or by email at consumer@nt.gov.au.

Forms and notices

Applications

From 1 June 2015, applications in relation to the Residential Tenancies Act 1999 are heard by the NTCAT. Applications are required to be lodged on a NTCAT form.

This form, as well as advice on NTCAT procedures and processes, can be found on the NTCAT website.

Northern Territory Consumer Affairs will continue to provide assistance with information and advice on all tenancies matters and notices, excluding residential tenancy applications and processes.

Legislation

• Residential Tenancies Act 1999
• Residential Tenancies Regulations 2009

Fact sheets

Did you receive your bond money back?

If not - then read more about owed rental bond monies?

Determinations

Selected Determinations from 2006 on are available on a national database of legal cases, go to the AustLII website.

Earlier Determinations are available from the Office of the Commissioner of Tenancies. Contact Consumer Affairs on 1800 019 319.