RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 139 Limitation affecting early payment

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 139

139 Limitation affecting early payment

(1) The authority must not pay a rental bond for a residential tenancy agreement if it knows—

(a) the lessor or tenant has given a notice to leave, or notice of intention to leave, the premises and the handover day for the notice has not arrived; or

(b) the lessor has given an abandonment termination notice to the tenant and the agreement has not ended.

(2) Also, the authority must not pay a rental bond for a rooming accommodation agreement if it knows—

(a) the provider or resident has given a notice terminating the rooming accommodation agreement on a stated day and the stated day has not arrived; or

(b) the provider has given the resident a notice requiring the resident to leave the rental premises by a stated day and the stated day has not arrived.

(3) However, subsections (1) and (2) do not prevent the authority making a payment it may make without giving notice to—

(a) the lessor or tenant; or

(b) the provider or resident.

Note—

See sections 127 (2) , 128 (2) , 129 (2) , 131 , 132 (2) , (3) or (4) , 133 (2) , 134 (2) , 135B (2) , 135C (2) or 135D (2) for payments to which subsection (3) applies.

(4) Subsection (5) applies if the application for payment of the rental bond was made by a tenant or resident who, after experiencing domestic violence—

(a) ended a residential tenancy agreement or an interest in an agreement under chapter 5 , part 1 , division 3 , subdivision 2A ; or

(b) ended a rooming accommodation agreement or an interest in an agreement under chapter 5 , part 2 , division 3 , subdivision 2A .

(5) The authority must not pay a rental bond for a residential tenancy agreement or rooming accommodation agreement if the authority knows the applicant has not vacated the premises.