Australian Capital Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 71E

    (1)     In considering a matter, or making a decision, under this Act in relation to an occupancy agreement for premises, a person must have regard to the following principles (the occupancy principles ):

        (a)     an occupant is entitled to live in premises that are—

              (i)     reasonably clean; and

              (ii)     in a reasonable state of repair; and

              (iii)     reasonably secure;

        (b)     an occupant is entitled to know the rules of the premises before moving in;

        (c)     an occupant is entitled to the certainty of having the occupancy agreement in writing if the occupancy continues for longer than 6 weeks;

        (d)     an occupant is entitled to quiet enjoyment of the premises;

        (e)     a grantor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes;

        (f)     an occupant is entitled to 8 weeks notice before the grantor increases the amount to be paid for the right to occupy the premises;

        (g)     an occupant is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction;

        (h)     an occupant must not be evicted without reasonable notice;

              (i)     a grantor and occupant should try to resolve disputes using reasonable dispute resolution processes.

    (2)     If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor—

        (a)     the occupancy principle in subsection (1) (e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and

        (b)     the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.