RESIDENTIAL TENANCIES ACT 1997 - SECT 71C What is an occupancy agreement?

RESIDENTIAL TENANCIES ACT 1997 - SECT 71C

    (1)     An agreement is an occupancy agreement if—

        (a)     under the agreement—

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

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

              (iii)     the right is given for value; and

        (b)     the agreement is 1 of the following:

              (i)     except if section 6B applies, an agreement to occupy premises in the grantor's principal place of residence;

              (ii)     except if section 6B applies, an agreement to occupy premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider;

              (iii)     an agreement—

    (A)     to exclusively occupy a sleeping space in a building with other sleeping spaces with related access to shared facilities or provision of domestic services; and

    (B)     that states it is an occupancy agreement;

              (iv)     an agreement—

    (A)     for emergency accommodation for people in crisis; and

    (B)     that states it is an occupancy agreement for emergency accommodation for people in crisis;

              (v)     an agreement—

    (A)     to occupy premises provided under a housing support program; and

    (B)     that states it is an occupancy agreement for a housing support program;

              (vi)     an agreement—

    (A)     to occupy premises because of membership in a club or other entity; and

    (B)     that states it is an occupancy agreement;

              (vii)     except if section 6B applies, an agreement to occupy—

    (A)     premises provided by the grantor in a residential park; or

    (B)     a site in a residential park, for the purpose of the occupant placing a manufactured home or a mobile home on the site;

              (viii)     an agreement prescribed by regulation.

Examples—par (b) (iii) (A)

a bedroom in a boarding house, a bed in a dormitory-style room

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

    (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 71EA (1) (b)).

    (3)     The right to occupy may be—

        (a)     exclusive or not;

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

    (4)     In this section:

"housing support program" means a program funded by the Territory under which accommodation is provided for people who—

        (a)     are homeless or at risk of homelessness; or

        (b)     will receive welfare or health support or services when using the accommodation.

Examples—par (b)

alcohol and drug addiction services

"shared facilities", in relation to premises, means areas related to the premises, provided for shared use by people occupying those and other premises.

Examples

shared bathroom and toilet, laundry, kitchen

"sleeping space", in a building, means—

        (a)     a bedroom; or

        (b)     a bed in a room with other beds.