Australian Capital Territory Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 12

Lessor's obligations

    (1)     The lessor must give the tenant a copy of the proposed residential tenancy agreement and, if they are not included in the copy of the agreement, the standard residential tenancy terms, and allow the tenant a reasonable time to consider the proposed agreement.

    (2)     A copy of a residential tenancy agreement provided under subsection (1) that contains a provision that is inconsistent with a standard residential tenancy term must be annotated in a way that draws the attention of the tenant to the provision and the fact that it is inconsistent with a standard residential tenancy term.

    (3)     The lessor must provide the tenant with the following information:

        (a)     the lessor's full name;

        (b)     an address for service on the lessor and at which the lessor can be contacted by the tenant;

        (c)     for the premises that are the subject of the proposed residential tenancy agreement—

              (i)     a copy of an energy efficiency rating statement (if any) for the habitable part of the premises; or

              (ii)     a copy of a fresh energy efficiency rating statement for the habitable part of the premises if—

    (A)     building work under the Building Act 2004

, section 6 has been carried out on the premises that affects the energy efficiency rating of the habitable part of the premises; and

    (B)     before the building work was carried out, an energy efficiency rating statement had been prepared for the habitable part of the premises;

        (d)     if the premises are crisis accommodation provided by a declared crisis accommodation provider—a statement explaining that the lessor can terminate the agreement on 4 weeks notice if the lessor needs the premises to use as crisis accommodation for someone other than the tenant;

        (e)     if there is an asbestos assessment report for the premises and the lessor can obtain a copy of the report after taking reasonable steps—a copy of the report;

        (f)     if there is no asbestos assessment report for the premises or the lessor cannot obtain the asbestos assessment report for the premises after taking reasonable steps—an asbestos advice for the premises;

        (g)     a written statement that contains the following information:

              (i)     if the premises are required to comply with a minimum housing standard—

    (A)     a statement about whether the premises comply; and

    (B)     if the premises do not comply with the standard—the reason why the premises do not comply and the proposed compliance date that the premises must comply with the standard;

              (ii)     if the premises are exempt from complying with a minimum housing standard—the reason for the exemption;

        (h)     if the tenant asks—a copy of any record required to be kept by the lessor in accordance with section 19C (Lessor must keep records about minimum housing standards);

              (i)     if section 8 (1) (c) applies—a statement explaining that the lessor can terminate the agreement on 26 weeks notice if the tenant does not apply for ongoing housing assistance within 6 weeks after the start of the temporary housing assistance;

        (j)     if section 8 (1) (e) applies—a copy of any subsidised accommodation eligibility requirements.

    (4)     In this section:

"asbestos advice "means an advice notified under the Dangerous Substances Act 2004

, section 47M.

"asbestos assessment report", for premises—see the Dangerous Substances Act 2004

, section 47K.

"declared crisis accommodation provider" means a crisis accommodation provider declared under section 126.

"proposed compliance date", in relation to premises that do not comply with a minimum housing standard, means—

        (a)     if a regulation prescribes a period in which the premises must comply—the end of the period; or

        (b)     in any other case—1 month after the day the residential tenancy agreement for the premises is entered into.

"subsidised accommodation eligibility requirements", in relation to premises under a residential tenancy agreement, means any rule or requirement against which—

        (a)     the tenant's eligibility to live in the premises will be assessable during the tenancy; or

        (b)     the lessor's or owner's eligibility to receive the government funding or assistance in relation to the premises will be assessable during the tenancy.



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