RESIDENTIAL TENANCIES ACT 1997 - SECT 8 Terms included in residential tenancy agreements

RESIDENTIAL TENANCIES ACT 1997 - SECT 8

    (1)     A residential tenancy agreement for premises—

        (a)     is taken to contain the standard residential tenancy terms set out in schedule 1—

              (i)     for a fixed term agreement—as in force on the day the parties enter into the agreement; or

              (ii)     for a periodic agreement—as in force from time to time; and

        (b)     is taken to contain the public housing termination clauses if the lessor is the housing commissioner; and

        (c)     is taken to contain the temporary housing assistance termination clauses if—

              (i)     the lessor is the housing commissioner; and

              (ii)     the tenant is receiving temporary housing assistance for the premises; and

        (d)     is taken to contain the community housing provider termination clause if—

              (i)     the lessor is a registered community housing provider; and

              (ii)     the premises are owned by another person; and

              (iii)     the registered community housing provider leases the premises to the tenant under an agreement with the owner; and

        (e)     is taken to contain the subsidised accommodation clauses if—

              (i)     either—

    (A)     the lessor or an entity acting on the lessor's behalf is a registered community housing provider; or

    (B)     the lessor or the owner of the premises receives government funding or assistance to provide the premises to the tenant; and

              (ii)     paragraphs (b) or (c) (ii) do not apply; and

        (f)     is taken to contain the posting termination clause if the lessor and tenant agree to the clause being included; and

        (g)     is taken to contain the break lease fee clause if—

              (i)     the agreement is a fixed term agreement; and

              (ii)     the lessor and tenant agree to the clause being included; and

        (h)     may contain any other term—

              (i)     that is consistent with the standard residential tenancy terms; or

              (ii)     that is inconsistent with a standard residential tenancy term if the term has been endorsed by the ACAT under section 10.

Examples—par (e) (i) (B)

1     affordable housing provided or managed by a community housing provider

2     accommodation provided in accordance with the National Rental Affordability Scheme

3     specialist disability accommodation

    (2)     Despite subsection (1) (a) (i), an amendment of this Act (other than an amendment to the standard residential tenancy terms) that affects the operation of the standard residential tenancy terms applies to a fixed term agreement.

    (3)     To remove any doubt, subsection (1) (a) (ii) applies to a periodic agreement that commences on the expiry of a fixed term agreement.

    (4)     In this section:

"break lease fee clause" means the clause in schedule 2, section 2.1.

"community housing provider termination clause" means the clause in schedule 2, section 2.3.

"posting termination clause" means the clause in schedule 2, section 2.2.

"public housing termination clauses" means the clauses in schedule 2, section 2.4.

"subsidised accommodation clauses" means the clauses in schedule 2, section 2.6.

"temporary housing assistance termination clauses" means the clauses in schedule 2, section 2.5.