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Legislation

In its day-to-day business, Housing Tasmania recognises and addresses its legislative responsibilities under various Commonwealth and State Acts and Agreements.

Commonwealth State Housing Agreement

The Commonwealth State Housing Agreement (CSHA) was established just after the Second World War to address housing shortages and ensure that every person in Australia had access to housing. The CSHA has been in place in one form or another since 1945, and successive Agreements have set the foundations for Australia’s social housing system. All States and Territory Governments in Australia are party to the Multilateral Agreement, and Bilateral Agreements between each State and Territory Government and the Commonwealth also exist.

Commonwealth State Housing Agreement (CSHA) - Multilateral

Commonwealth State Housing Agreement (CSHA) - Bi-lateral

Residential Tenancy Act 1997

The Residential Tenancy Act came into effect on 1 July 1998 and covered all residential tenancies in Tasmania from 1 July 1999.

Features of the Act include a fixed-term tenancy approach, limitation of charges, rent in advance, requirement for condition reports, a process for rent increases, regulation of the right of entry by the owner, requirements in relation to locks and security devices, and regulation of termination of leases or resumption of the property.

The Act requires all leases made after 1 July 1998 to comply with the new law. The Act does not apply to hotels or motels, premises used for holiday purposes, boarders or lodgers, educational institutions, hospitals, nursing homes, clubs, aged care homes or hostels. The Act does not apply to retirement villages or sheltered accommodation for homeless persons or shelters catering for people escaping domestic violence.

Homes Act 1935

The Homes Act 1935 relates to the provision of housing assistance to, and improving the housing condition of, persons in this State and the undertaking of activities that are consistent with the achievement of those purposes. The Homes Act represents enabling legislation for Housing Tasmania, outlining powers attributable to the Statutory position of the Director of Housing, and providing authority for operational activities of Housing Tasmania.

Landlord and Tenant Act 1935

The Landlord and Tenants Act is an act to consolidate the law relating to landlords and their tenants. Prior to the enactment of the Residential Tenancies Act 1997, this act regulated the residential tenancy market. While the Act has not been repealed, from July 1 1999 it will no-longer apply to residential tenancies in Tasmania.

Substandard Housing Control Act 1973

An Act to make provision for the control of the rents payable in respect of certain substandard housing and for related matters. The Substandard Housing Control Act is administered by Housing Tasmania. Tenants in the private rental market who believe that their accommodation is substandard, can request that their accommodation be inspected and evaluated against the Act. Requests may be made by the tenants themselves, or by non-government organisations acting on their behalf (eg. Tenants Union).