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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 527C

Existing State tenancy agreements and community housing provider tenancy agreements

527C Existing State tenancy agreements and community housing provider tenancy agreements

(1) This section applies if a replacement lessor gives a notice to the State for residential premises that are the subject of an existing State tenancy agreement stating a day, at least 14 days after the notice is given, for termination and replacement of the existing State tenancy agreement.
(2) On the day stated in the notice—
(a) the existing State tenancy agreement for the residential premises is terminated; and
(b) a new residential tenancy agreement (a
"community housing provider tenancy agreement" ) for the residential premises is taken to have been entered into between the replacement lessor and the tenant.
(3) The terms (the
"replacement terms" ) of the community housing provider tenancy agreement are the terms prescribed under a regulation for this section.
(4) Without limiting subsection (3) , the replacement terms may provide that the replacement lessor has a right to do any of the following—
(a) require the tenant to pay a rental bond;
(b) state the way in which the bond must be paid by the tenant;
(c) require the tenant to pay stated service charges;
(d) state the apportionment of the cost for the service charges payable by the tenant (where the premises are not individually metered for a service);
(e) state the way in which service charges must be paid by the tenant.
(5) As soon as practicable after a community housing provider tenancy agreement is taken to have been entered under subsection (2) , the replacement lessor must give to the tenant under the agreement—
(a) a notice stating—
(i) the existing State tenancy agreement is terminated; and
(ii) a community housing provider tenancy agreement is taken to have been entered into by the tenant; and
(iii) the replacement lessor is the lessor under the community housing provider tenancy agreement; and
(iv) that rent under the community housing provider tenancy agreement must be paid to the replacement lessor; and
(v) the way in which the rent is to be paid; and
(vi) if the amount of the rent payable has changed—the new amount payable; and
(b) a copy of the replacement terms.
(6) The State does not incur any liability for an existing State tenancy agreement terminated under this section.
(7) In this section—

"funding agreement" see the Housing Act 2003 , section 25 .



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