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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 550
Notices given, or applications or requests made, under repealed Act continue under that Act
550 Notices given, or applications or requests made, under repealed Act
continue under that Act
(1) This section applies to a process started by a person by giving a notice
or making an application or request under a repealed Act before the
commencement.
(2) If the person decides to continue the process it must be
continued and completed under the repealed Act despite its repeal.
(3)
Without limiting subsection (1) , a notice, application or request includes
the following— (a) an entry notice;
(b) a dispute resolution request given
to the authority;
(c) a notice to remedy breach;
(d) a notice to leave;
(e)
a notice of intention to leave;
(f) a notice given by a party to a
rooming accommodation agreement terminating the agreement;
(g) a notice by a
mortgagee informing a tenant or resident that possession is to be obtained;
(h) an abandonment termination notice;
(i) an application to a tribunal;
(j)
an application for payment of a rental bond.
Examples for this section— 1
A lessor gives a tenant a notice to remedy breach under the Residential
Tenancies Act 1994 before the commencement and the period under the notice to
remedy breach expires after the commencement. If the tenant does not remedy
the breach, the lessor may give the tenant a notice to leave under the
Residential Tenancies Act 1994 . If the tenant does not hand over possession,
the lessor may apply to the tribunal for a termination order under the
Residential Tenancies Act 1994 despite its repeal.
2 A party to an agreement
makes a dispute resolution request before the commencement but conciliation
does not take place before the commencement. Any conciliation process for the
dispute and any subsequent application to the tribunal after the commencement
continues under the Residential Tenancies Act 1994 despite its repeal.
3 A
lessor gives an entry notice to a tenant under section 109 (a) of the
Residential Tenancies Act 1994 before the commencement. The entry notice
specifies the minimum notice period of 7 days under section 110 of the
Residential Tenancies Act 1994 . The entry and any application to the tribunal
relating to the entry continues under the Residential Tenancies Act 1994
despite its repeal.
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