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s 36

Termination

In force
Part 4Termination of residential tenancy agreements
Division 4.1General

36 Termination

Despite anything to the contrary in any territory law, a residential tenancy agreement must not terminate or be terminated other than in the following circumstances:

(a)

if a fixed term agreement ends and the tenant vacates the premises on or after the end of the agreement;

(b)

if a party serves a termination notice in accordance with the standard residential tenancy terms and the tenant vacates the premises in accordance with the notice;

(c)

if a tenant terminates the agreement and vacates the premises under section 46A because the tenant has accepted aged care or social housing accommodation;

(d)

if the agreement is a fixed term agreement—the tenant terminates the agreement and vacates the premises under section 46B because the lessor is offering the premises for sale;

(e)

if the ACAT terminates the agreement under division 4.3, division 4.4 or division 6.5A;

(f)

if a tenant terminates the agreement in accordance with division 4.3A;

(g)

if the ACAT makes a termination and possession order in relation to the premises that are the subject of the agreement under division 4.4 , division 4.5, division 6.5 or division 6.5A;

(h)

if the tenant abandons the premises that are the subject of the agreement;

(i)

if a person takes action in accordance with section 64;

(j)

if the tenant and lessor agree in writing to terminate the agreement and the tenant vacates the premises in accordance with the agreement to terminate;

(k)

if the tenant and the lessor are the same person;

(l)

if—

(i)

a party to the agreement repudiates the agreement; and

(ii)

the other party accepts the repudiation; and

(iii)

the tenant vacates the premises;

(m)

for crisis accommodation—if the lessor—

(i)

gives the tenant 4 weeks notice to terminate the agreement; and

(ii)

has given the tenant information about alternative accommodation; and

(iii)

needs the premises to use as crisis accommodation for someone other than the tenant;

(n)

if a party to the agreement terminates the agreement under section 64AA because the premises are affected residential premises;

Note Affected residential premises—see the dictionary.

(o)

if a party to the agreement terminates the agreement under section 64AB because the premises are an eligible impacted property.

Note Eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, s 9A (1).

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