Residential Tenancies Act 1997

A residential tenancy agreement for premises—

is taken to contain the standard residential tenancy terms set out in schedule 1—

for a fixed term agreement—as in force on the day the parties enter into the agreement; or

for a periodic agreement—as in force from time to time; and

is taken to contain the public housing termination clauses if the lessor is the housing commissioner; and

is taken to contain the temporary housing assistance termination clauses if—

the lessor is the housing commissioner; and

the tenant is receiving temporary housing assistance for the premises; and

is taken to contain the community housing provider termination clause if—

the lessor is a registered community housing provider; and

the premises are owned by another person; and

the registered community housing provider leases the premises to the tenant under an agreement with the owner; and

is taken to contain the subsidised accommodation clauses if—

either—

the lessor or an entity acting on the lessor’s behalf is a registered community housing provider; or

the lessor or the owner of the premises receives government funding or assistance to provide the premises to the tenant; and

paragraphs (b) or (c) (ii) do not apply; and

is taken to contain the posting termination clauses if the lessor and tenant agree to the clauses being included; and

may contain any other term—

that is consistent with the standard residential tenancy terms; or

that is inconsistent with a standard residential tenancy term if the term has been endorsed by the ACAT under section 10.

Despite subsection (1) (a) (i), an amendment of this Act (other than an amendment to the standard residential tenancy terms) that affects the operation of the standard residential tenancy terms applies to a fixed term agreement.

To remove any doubt, subsection (1) (a) (ii) applies to a periodic agreement that commences on the expiry of a fixed term agreement.

In this section: