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.

    (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.



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