Page 635 - Week 02 - Thursday, 21 February 2019
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(e) an order terminating, with the tenant’s consent, the residential tenancy agreement.
35M Minimum housing standards—Minister may exempt premises
(1) The Minister may exempt premises from complying with a minimum housing standard if the Minister is satisfied on reasonable grounds that the cost to the lessor of compliance would be unreasonable.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(2) An exemption may be conditional.
(3) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(4) In deciding whether to exempt premises, the Minister must—
(a) take into account any criteria prescribed by regulation; and
(b) comply with any requirement prescribed by regulation.
35N Review—pt 3A
The Minister must review the operation of this part and present a report of the review to the Legislative Assembly as soon as practicable after the end of this part’s 2nd year of operation.
Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
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Clause 16
Page 13, line 6—
omit clause 16, substitute
16 Schedule 1, clause 67
substitute
Modifications, alterations and fixtures
67 (1) The tenant may make a minor modification to the premises without the lessor’s consent.
(2) However, the tenant must not, without the lessor’s written consent, make any other renovation, alteration or addition to the premises (time limits for the lessor to refuse consent to special modifications are set out in the Residential Tenancies Act).
(3) The lessor may give consent subject to a reasonable condition, including a requirement that the tenant use a suitably qualified tradesperson to undertake—
(a) the renovation, alteration, or addition; and
(b) any restoration at the end of the tenancy.
(4) Unless otherwise agreed, the tenant is liable for the cost of any renovation, alteration or addition to the premises.
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