New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 20

20 Mandatory terms may be varied for long term leases

(1) A fixed term agreement for a fixed term of 20 years or more may--

(a) provide that terms that would otherwise be included in the agreement by this Act or the regulations (
"mandatory terms" ) do not apply, or are varied as provided by the agreement, and

(b) include terms that would otherwise be prohibited by this Act or the regulations.

(2) However, any such agreement must not exclude or modify any of the following--

(a) any term included by this Act relating to the payment of rates, taxes and charges by the landlord,

(b) the prohibition against more than one rent increase a year under a fixed term agreement for a fixed term of more than 2 years,

(c) any right under this Act to make an application to the Tribunal,

(d) the grounds on which a residential tenancy agreement may be terminated under this Act,

(e) any other term prescribed by the regulations for the purposes of this section.

(3) The Tribunal may, on application by a tenant under a fixed term agreement for a fixed term of 20 years or more, make an order declaring that--

(a) a mandatory term does form part of the agreement, or

(b) a prohibited term is not included in an agreement, or

(c) a mandatory or prohibited term included in the agreement is varied as specified by the declaration.

(4) The Tribunal may make an order if it is of the opinion that the inclusion or variation of a term, or failure to include a term, is unconscionable, unjust, harsh or oppressive.

(5) This section has effect despite any other provision of this Act.