s 40
In forceVacant possession
Part IVResidential tenancy agreements
Division 2General standard terms
40 Vacant possession
(1)
In this section —
premises does not include —
(a)
any part of the premises in respect of which the tenant does not have a right of exclusive occupation; or
(b)
any part of the premises to which the parties to the residential tenancy agreement have agreed the tenant will not have access.
(2)
It is a term of every residential tenancy agreement that the tenant must have vacant possession of the premises on the day on which the tenant is entitled to enter into occupation of the premises under the agreement.
[Section 40 inserted: No. 60 of 2011 s. 39.]
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