Barrister AI
All legislation
ACTAct
In force
This is the latest official compilation.Check the official source →
s 46B

Termination of fixed term agreements if premises for sale

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

46B Termination of fixed term agreements if premises for sale

(1)

This section applies in relation to a tenant of premises that are the subject of a fixed term agreement, if the lessor offers the premises for sale and—

(a)

the sale offer is made within 6 months after the start of the agreement and the lessor did not disclose the intended sale before entering into the agreement; or

(b)

the lessor requires the tenant to permit access to the premises to allow inspections by a prospective buyer (a buyer inspection request) and—

(i)

the lessor makes more than 1 buyer inspection request; and

(ii)

a subsequent buyer inspection request is made more than 8 weeks after the day the lessor made the first buyer inspection request.

(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the notice is taken to be withdrawn; and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.

Division 4.3A Termination initiated by tenant—termination for family violence

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.