Residential Tenancies Act 1997

The grantor must include the following information in an occupancy agreement for premises:

any occupancy rule that applies to the premises;

any penalty that may apply for a breach of an occupancy rule;

any penalty, fee or charge that may apply if the occupant terminates the agreement before the end of the agreement;

any other fee or charge payable under the agreement including—

the frequency of the fee or charge; and

if relevant, how the fee or charge is worked out.

Examples—par (d) (i) weekly occupancy fee, monthly electricity charge, quarterly water use fee, monthly wi-fi access fee

Example—par (d) (ii) a stated share of a utilities bill

Note If an occupancy agreement is not in writing, the grantor may comply with a requirement to give information by giving the information, in writing, in any other appropriate way (see s 71EA (3)).

The grantor must give the occupant—

at least 8 weeks prior written notice (the grantor’s notice period) before—

changing an occupancy rule included in the occupancy agreement; or

increasing a fee, charge or penalty payable under the occupancy agreement; or

introducing a new fee, charge, occupancy rule or penalty payable under the occupancy agreement; and

reasonable notice about imposing a penalty for breach of an occupancy rule included in the occupancy agreement.

If the grantor gives notice under subsection (2) (a), the occupant may terminate the occupancy agreement by giving 2 weeks written notice to the grantor before the end of the grantor’s notice period.