Residential Tenancies Amendment Bill

  • enacted
28 New section 45B inserted (Landlord must permit and facilitate installation of fibre connection in certain circumstances)

Before section 46, insert:

45B Landlord must permit and facilitate installation of fibre connection in certain circumstances

(1)

The landlord must permit the installation of a fibre connection in the premises if—

(a)

there is no fibre connection in the premises; and

(b)

it is possible to install a fibre connection in the premises; and

(c)

the tenant requests a fibre connection; and

(d)

the fibre connection can be installed at no cost to the landlord (for example, because the cost is covered by the UFB Initiative).

(2)

However, a landlord is not required to permit the installation of a fibre connection if

(a)

installation would compromise

(i)

the structural integrity or weathertightness of any building; or

(ii)

the character of any building (other than by having a mere visual impact); or

(a)

if installation would materially compromise the weathertightness or the character of any building; or

(aa)

if installation would compromise the structural integrity of any building; or

(b)

if installation would breach an obligation or a restriction that is relevant to the premises (for example, an obligation or a restriction imposed by a bylaw, a planning or body corporate rule, or a covenant); or

(c)

the landlord intends to carry out extensive alterations, refurbishment, repairs, or redevelopment of the premises and the installation would impede that work; or

(c)

if

(i)

the landlord is to carry out extensive alterations, refurbishment, repairs, or redevelopment of the premises; and

(ii)

the work is to begin, or material steps towards it are to be taken, within 90 days after the date on which the landlord receives a request for the installation of fibre from the tenant; and

(iii)

the installation would impede that work; or

(d)

installation requires the consent of a third party and the landlord or network operator is unable to obtain the consent; or

(e)

if the Tribunal, on application by the landlord, determines that, due to the circumstances of the premises or the installation, the landlord should not be required to provide for the installation of a fibre connection in the premises.

(3)

A landlord who is required to permit the installation of a fibre connection must take all reasonable steps to facilitate the installation within a reasonable period of time.

(4)

If a tenant makes a written request for the installation of a fibre connection, the landlord must respond within 21 days after receiving the request.

(5)

If a network operator makes a written request for consent or information from the landlord, the landlord must respond to the request within 21 days after receiving the request.

(6)

A landlord commits an unlawful act if the landlord, without reasonable excuse, fails to comply with subsection (3), (4), or (5).

(7)

In this section,—

fibre connection, in relation to premises, means a connection to a fibre fixed line access service from within the premises

fibre fixed line access service, network operator, and UFB Initiative have the same meanings as in section 5 of the Telecommunications Act 2001.

material steps has the same meaning as in section 51(2AAA).