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s 46A

Termination of agreement for aged care or social housing needs

In force
Part 4Termination of residential tenancy agreements
Division 4.3Termination initiated by tenant

46A Termination of agreement for aged care or social housing needs

(1)

This section applies if a tenant under a residential tenancy agreement accepts accommodation in—

(a)

a residential care home; or

(b)

a social housing dwelling.

(2)

The tenant may, by written notice to the lessor, terminate the agreement.

(3)

The tenant must—

(a)

state the date the tenant intends to terminate the agreement; and

(b)

give the lessor at least 14 days notice.

(4)

If the tenant vacates the premises on or before the date stated in the notice, the agreement ends on the date stated in the notice.

(5)

However, if the tenant does not vacate the premises on or before the date stated in the notice—

(a)

the notice is taken to be withdrawn; and

(b)

the agreement continues.

(6)

The break lease fee clause does not apply if a fixed term agreement is terminated under this section.

(7)

In this section:

residential care home means a residential care home under the Aged Care Act 2024 (Cwlth).

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