Australian Capital Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 71C

    (1)     An agreement is an occupancy agreement if—

        (a)     a person (the grantor ) gives someone else (the occupant ) a right to occupy stated premises; and

        (b)     the premises are for the occupant to use as a home (whether or not with other people); and

        (c)     the right is given for value; and

        (d)     the agreement is not a residential tenancy agreement.

    (2)     The agreement may be—

        (a)     express or implied; or

        (b)     in writing, oral, or partly in writing and partly oral.

Note     After 6 weeks, the occupancy agreement should be in writing (see s 71E (c)).

    (3)     The right to occupy may be—

        (a)     exclusive or not;

        (b)     given with a right to use facilities, furniture or goods.

    (4)     The person given the right to occupy the premises may be—

        (a)     a boarder or lodger; or

        (b)     someone prescribed by regulation for this section.

Note     This Act does not apply to retirement villages, nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4).