Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 6

Tenancy agreements exceeding 5 years

6. Tenancy agreements exceeding 5 years



(1) This Act does not apply to a tenancy agreement that is a fixed term
tenancy agreement if-

   (a)  the fixed term exceeds 5 years; and

   (b)  the agreement does not include a provision enabling the landlord or
        the tenant to determine the agreement by notice (otherwise than on the
        grounds of a breach of the agreement) before the end of 5 years after
        the agreement is made.

(2) Despite subsection (1), this Act applies to a fixed term tenancy agreement
in respect of premises whether or not the initial term of the tenancy
agreement exceeds 5 years if-

   (a)  the tenancy agreement or another document gives to the tenant a right,
        or an option, to purchase the premises; and

   (b)  the tenancy agreement is not a tenancy agreement of a kind referred to
        in section 13; and

   (c)  the tenancy agreement is entered into after the commencement of
        section 28 of the Consumer Credit (Victoria) and Other Acts Amendment
        Act 2008.