Residential Tenancies Act 1997

The grantor must ensure an occupancy agreement states—

under what circumstances the occupancy agreement may be terminated; and

a reasonable period of notice that must be given by a party before the agreement is terminated.

For subsection (1) (a), the occupancy agreement may only allow a party to terminate the agreement under circumstances that are reasonable having regard to the nature of the occupancy.

Examples—nature of occupancy

1 whether the occupancies of the premises are usually long-term or short-term

2 whether the agreement is for a fixed term or is periodic

3 whether the accommodation is provided by a commercial provider or is in someone’s residence

4 whether the accommodation is provided for a particular group of people such as students studying at a university

A party may only terminate an occupancy agreement if—

all parties to the agreement agree; or

the agreement allows the party to do so and the party has given notice in accordance with the agreement; or

the other party has—

breached an occupancy principle or the occupancy agreement; and

the breach justifies the termination of the agreement.

Note An occupant may also terminate the agreement if the grantor gives notice of a change to the occupancy rules, fees, charges or penalties (see s 71EG (3)).

However, if an occupancy agreement may be terminated under a university requirement—

subsection (2) does not apply; and

for subsection (3)—the parties may also terminate the agreement as permitted or required under the university requirement.

A grantor must not terminate an occupancy agreement, or evict an occupant, only because the occupant—

applied to the ACAT for an order in relation to an occupancy agreement; or

complained to a government entity in relation to an occupancy agreement; or

took reasonable action to secure and enforce an occupancy agreement.

In this section:

university requirement—see section 71EA (5).