Page 2785 - Week 09 - Tuesday, 16 August 2005

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omit proposed new section 51 (d), substitute

(d) serious damage to premises or other property of a neighbour; or

(e) injury to a neighbour or a member of a neighbour’s family.

Schedule 2

Residential Tenancies Amendment Bill 2005

Amendments moved by the Attorney-General

Proposed new clause 7A

Page 3, line 23—

insert

7A New section 10 (4A)

insert

(4A) The tribunal must not endorse a term mentioned in section 15 (5) in relation to a tenant unless satisfied that the tenant owes an amount to the commissioner for housing.

Clause 10

Proposed new section 15 (5)

Page 5, line 4—

omit proposed new section 15 (5), substitute

(5) This Act does not prevent the commissioner for housing from requiring a tenant to agree to pay an outstanding amount owed by the tenant to the commissioner for housing in relation to a previous tenancy in consideration for giving the tenant a right to occupy premises if the tribunal has, under section 10, endorsed the term of the residential tenancy agreement requiring the payment.

(6) The inclusion in a residential tenancy agreement of a term requiring payment of an outstanding amount owed by the tenant to the commissioner for housing does not prevent—

(c) the commissioner and the tenant agreeing to the tenant repaying the outstanding amount over a period of time longer than the period set out in the term; or

(d) the commissioner from taking action against the tenant in relation to the outstanding amount.

Schedule 3

Residential Tenancies Amendment Bill 2005

Amendment moved by Dr Foskey to the Government’s amendments

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