109Unlawful acts

(1)
A landlord or a tenant, or the chief executive acting on behalf of a landlord or a tenant, or
the chief executive acting as the person responsible for the general administration of this
Act, may apply to the Tribunal for an order requiring any other person to pay to the
applicant an amount in the nature of exemplary damages on the ground that that other
person has committed an unlawful act.
(2)
No application may be made under subsection (1) later than—
(a)
12 months after the termination of the tenancy in the case of—
(i)
an unlawful act to which section 19(2) refers; or
(ii)
a failure to keep records in respect of bonds that is an unlawful act to which section
30(2) refers; or
(b)
12 months after the date of commission of the unlawful act in the case of any other
unlawful act.
(3)
If, on such an application (other than one referred to in subsection (3A)), the Tribunal is
satisfied that the person against whom the order is sought committed the unlawful act
intentionally, and that, having regard to—
(a)
the intent of that person in committing the unlawful act; and
(b)
the effect of the unlawful act; and
(c)
the interests of the landlord or the tenant against whom the unlawful act was committed;
and
(d)
the public interest,—
it would be just to require the person against whom the order is sought to pay a sum in the
nature of exemplary damages, the Tribunal may make an order accordingly.
(3A)
In the case of an application in respect of an unlawful act under section 54(3), the
Tribunal may order the landlord to pay a sum in the nature of exemplary damages if the
Tribunal is satisfied that it is just to do so having regard to the matters referred to in
subsection (3)(b) to (d).
(4)
The maximum amount that a person may be ordered to pay under this section for any
unlawful act referred to in any section shown in the first column of Schedule 1A is the
amount shown opposite that section in the second column of that schedule.
(4A)
The Tribunal may make an order against a person on the ground that the person
committed an unlawful act even though the conduct that formed part of that act also
formed part of an offence or an alleged offence against section 109A(4) in respect of
which the person has been charged, convicted, or acquitted.
(5)
Any amount ordered by the Tribunal to be paid under this section on the application of a
landlord or a tenant, or on the application of the chief executive acting on behalf of a
landlord or a tenant, shall be paid to that landlord or that tenant, and shall be in addition to
any sum payable to that landlord or that tenant by way of compensation in respect of the
unlawful act.
(6)
Any amount ordered by the Tribunal to be paid under this section on the application of
the chief executive acting as the person responsible for the general administration of this
Act shall be paid to the Crown.
(7)
Notwithstanding subsection (5) and section 124(4)(d), if the chief executive is acting
under section 124(3)(b), any amount ordered by the Tribunal to be paid under this section
on the application of the chief executive shall be paid to the chief executive and retained
by the Crown.
Section 109(1): amended, on 18 August 1992, by section 10(1) of the Residential Tenancies Amendment Act
1992 (1992 No 79).
Section 109(2): replaced, on 1 May 1996, by section 43(1) of the Residential Tenancies Amendment Act
1996 (1996 No 7).
Section 109(3): amended, on 1 July 2016, by section 36(1) of the Residential Tenancies Amendment Act
2016 (2016 No 26).
Section 109(3A): inserted, on 1 July 2016, by section 36(2) of the Residential Tenancies Amendment Act
2016 (2016 No 26).
Section 109(4): replaced, on 1 October 2010, by section 71 of the Residential Tenancies Amendment Act
2010 (2010 No 95).
Section 109(4A): inserted, on 1 October 2010, by section 71 of the Residential Tenancies Amendment Act
2010 (2010 No 95).
Section 109(5): amended, on 18 August 1992, by section 10(2) of the Residential Tenancies Amendment Act
1992 (1992 No 79).
Section 109(6): replaced, on 18 August 1992, by section 10(3) of the Residential Tenancies Amendment Act
1992 (1992 No 79).
Section 109(7): inserted, on 1 May 1996, by section 43(3) of the Residential Tenancies Amendment Act
1996 (1996 No 7).

123ADocuments to be retained by landlord and produced to chief

executive if required
(1)
A landlord must retain the following documents during, and for 12 months after the
termination of, the tenancy:
(a)
the tenancy agreement and any variations or renewals of it (or copies):
(b)
any reports of inspections of the premises carried out by or for the landlord during the
tenancy (or copies):
(c)
records of any maintenance or repair work carried out at the premises by or for the
landlord during the tenancy (or copies):
(d)
any notices or letters, emails, or other forms of correspondence between the landlord (or a
person acting on the landlord’s behalf) and the tenant (or a person acting on the tenant’s
behalf) in relation to the tenancy (or copies).
(2)
The chief executive may by notice in writing require a landlord to produce to the chief
executive any specified documents, or any documents of a specified class, that the
landlord is required to retain under subsection (1)(b) to (d).
(3)
A notice under subsection (2)—
(a)
may be given only if the chief executive reasonably requires the documents for the
purposes of the chief executive’s functions or powers under this Act; and
(b)
may not be given any later than 12 months after the termination of the tenancy; and
(c)
must specify the way in which the documents must be produced to the chief executive.
(4)
A landlord commits an unlawful act if, without reasonable excuse, the landlord fails,
within 10 working days after receiving a notice under subsection (2), to produce the
documents to the chief executive in the way specified in the notice.
Section 123A: inserted, on 1 July 2016, by section 39 of the Residential Tenancies Amendment Act 2016 (2016
No 26).
123BDocuments to be produced by tenant to chief executive if
required
(1)
The chief executive may by notice in writing require a tenant to produce to the chief
executive any specified documents, or any documents of a specified class, that—
(a)
fall within section 123A(1)(a) to (d); and
(b)
are in the tenant’s possession or under the tenant’s control.
(2)
A notice under subsection (1)—
(a)
may be given only if the chief executive reasonably requires the documents for the
purposes of the chief executive’s functions or powers under this Act; and
(b)
may not be given any later than 12 months after the termination of the tenancy; and
(c)
must specify the way in which the documents must be produced to the chief executive.
Section 123B: inserted, on 1 July 2016, by section 39 of the Residential Tenancies Amendment Act 2016 (2016
No 26).

135Recovery of money paid by mistake

(1)
Subject to subsection (2), where one party to a tenancy agreement pays any amount to the
other party under a mistake of law or fact relating to the agreement, that party may, upon
application to the Tribunal, recover that amount from the other party.
(2)
In any case to which subsection (1) applies, the Tribunal may decline to order the
repayment of the amount in question, in whole or in part, if the Tribunal is satisfied that
the person who received the money did so in good faith, and has so altered his or her
position in reliance on the validity of the payment that, in the opinion of the Tribunal,
having regard to all possible implications in respect of other persons, it would be unfair to
order the repayment of the whole or any part of that amount.
Compare: Residential Tenancies Act 1978–1981 s 90 (SA)
136Service of documents
(1)
Where any notice or other document is required or authorised by this Act to be given to or
served on a landlord or a tenant, it shall be sufficient if it is given or served in any of the
following ways:
(a)
it may be given to or served on the landlord or the tenant personally:
(b)
it may be sent by post addressed to the landlord or the tenant at the address or the Post
Office box given by the landlord or the tenant as an address for service in accordance
with this Act:
(ba)
if the landlord is a company, it may be sent by post addressed to the landlord at the
address of the landlord’s registered office:
(c)
it may be delivered to the premises to which any address for service relates, and either
placed in the mailbox or attached to the door in a prominent position:
(ca)
if the landlord is a company, it may be delivered to the landlord’s registered office, and
either placed in the mailbox or attached to the door in a prominent position:
(d)
it may be transmitted to the email address or facsimile number given by the landlord or
the tenant as an address for service.
(2)
Without limiting the provisions of subsection (1), any notice or other document required
or authorised by this Act to be given to or served upon any tenant may be served on a
tenant:
(a)
at the premises to which the tenancy agreement relates, if the tenant resides at those
premises, as follows:
(i)
by posting it addressed to the tenant at those premises; or
(ii)
by delivering it to those premises and either placing it in the mailbox or attaching it to the
door of those premises in a prominent position; or
(iii)
by giving it to any person appearing to have attained the age of 16 years and to be
residing at those premises; or
(b)
at any other place of residence of the tenant, by giving it to any person appearing to have
attained the age of 16 years and to be residing at those premises and who confirms that
the tenant resides at the premises; or
(c)
at the premises to which any address for service given by the tenant relates, by giving it to
any person appearing to have attained the age of 16 years and to be residing at those
premises; or
(d)
by giving it to the person who ordinarily pays the rent under the tenancy agreement; or
(e)
by giving it to any solicitor or other agent of the tenant duly authorised by the tenant to
receive the same.
(2A)
Section 91A overrides subsections (1) and (2) in relation to service on tenants in the
circumstances set out in that section.
(3)
Without limiting the provisions of subsection (1), any notice or other document required
or authorised by this Act to be given to or served upon any landlord shall be deemed to
have been duly given or served if it is given—
(a)
to any person appearing to have attained the age of 16 years and to be residing at the
place of residence of the landlord; or
(b)
to the person (not being a bank or similar institution) who ordinarily receives the rent
payable under the agreement; or
(c)
to any solicitor or other agent of the landlord duly authorised by the landlord to receive
the same.
(4)
Where 2 or more persons are landlords or tenants under a residential tenancy agreement,
it shall be sufficient compliance with a provision of this Act requiring or authorising a
notice or other document to be given to or served upon the landlord or the tenant if the
notice or other document is given or served, in accordance with this Act, to or upon any
one of the landlords or any one of the tenants.
(5)
A witness summons may be served on the witness—
(a)
personally; or
(b)
by sending it by post addressed to the witness at the witness’s last-known place of
residence or business.
(6)
Where any document is sent by post in accordance with any of the foregoing provisions
of this section, it shall be deemed, in the absence of evidence to the contrary, to have been
given or served on the fourth working day after the date on which it was posted; and, in
proving service, it shall be sufficient to prove that the letter was properly addressed and
posted.
(7)
Where any document is delivered to any address in accordance with any of the foregoing
provisions of this section, it shall be deemed, in the absence of evidence to the contrary,
to have been given or served on the second working day after the date on which it was
delivered; and, in proving service, it shall be sufficient to prove that the letter was
properly addressed and delivered.
(8)
Where any document is transmitted by facsimile in accordance with this section after
5 pm on any day, it shall be deemed, in the absence of evidence to the contrary, to have
been given or served on the next working day after the date on which it was transmitted;
and, in proving service, it shall be sufficient to prove that the document was properly
transmitted by facsimile machine to the person concerned.
(9)
Where any document is transmitted by email in accordance with this section after 5 pm
on any day, it is to be treated, in the absence of evidence to the contrary, to have been
given or served on the next working day after the date on which it was transmitted.
(10)
In proving service of a document transmitted by email, it is sufficient to prove that the
email was—
(a)
properly addressed to the email address in question; and
(b)
properly transmitted with the document to that email address.

138Time for filing charging document

Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the
limitation period in respect of an offence against this Act or any regulations made under it
ends on the date that is 12 months after the date on which the offence was committed.