RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 365D Lessor must not let premises for 6 months after ending tenancy for owner occupation

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 365D

365D Lessor must not let premises for 6 months after ending tenancy for owner occupation

(1) If a residential tenancy ends because the lessor gives the tenant a notice to leave for owner occupation, the lessor must not offer a residential tenancy for the premises for 6 months after the handover day.

Penalty—

Maximum penalty—50 penalty units.

(2) In a proceeding for an offence against subsection (1) , it is a defence for the lessor to prove—

(a) the intended occupant’s need to occupy the premises ended or the intended occupant became unable to occupy the premises; and

(b) the lessor did not offer a residential tenancy for the premises until after the intended occupant’s need ended or the intended occupant became unable to occupy the premises; and

(c) the premises remained vacant between the tenant vacating the premises and the offer mentioned in paragraph (b) being accepted.

(3) In this section—


"intended occupant" , for premises for which a notice to leave for owner occupation was given, means the lessor or the relative of the lessor whose need to occupy the premises formed the basis for giving the notice to leave.