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RESIDENTIAL TENANCIES ACT 1997 - SECT 71EK

Termination of occupancy agreement

    (1)     The grantor must ensure an occupancy agreement states—

        (a)     under what circumstances the occupancy agreement may be terminated; and

        (b)     a reasonable period of notice that must be given by a party before the agreement is terminated.

    (2)     For subsection (1) (a), the occupancy agreement may only allow a party to terminate the agreement under circumstances that are reasonable having regard to the nature of the occupancy.

Examples—nature of occupancy

1     whether the occupancies of the premises are usually long-term or short-term

2     whether the agreement is for a fixed term or is periodic

3     whether the accommodation is provided by a commercial provider or is in someone's residence

    (3)     A party may only terminate an occupancy agreement if—

        (a)     all parties to the agreement agree; or

        (b)     the agreement allows the party to do so and the party has given notice in accordance with the agreement; or

        (c)     the other party has—

              (i)     breached an occupancy principle or the occupancy agreement; and

              (ii)     the breach justifies the termination of the agreement.

Note     An occupant may also terminate the agreement if the grantor gives notice of a change to the occupancy rules, fees, charges or penalties (see s 71EG (3)).

    (4)     A grantor must not terminate an occupancy agreement, or evict an occupant, only because the occupant

        (a)     applied to the ACAT for an order in relation to an occupancy agreement; or

        (b)     complained to a government entity in relation to an occupancy agreement; or

        (c)     took reasonable action to secure and enforce an occupancy agreement.



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