Modified application of section 50W of Act
7BA Modified application of section 50W of Act
Under section 6(a) of the Act it is provided that section 50W of the Act applies to a residential tenancy agreement of the following classes as if it were modified by inserting the following after section 50W(2):
in relation to a residential tenancy agreement that includes a provision under section 50W(2)(a):
If a residential tenancy agreement includes a provision referred to in subsection (2)(a), it is also a term of the agreement that —
the tenant may make a major modification not stated in the agreement that is reasonably required to enable a person with disability to access and use the premises with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and
the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.
in relation to a residential tenancy agreement that includes a provision under section 50W(2)(c):
If a residential tenancy agreement includes a provision referred to in subsection (2)(c) —
the provision does not apply to a major modification that is reasonably required to enable a person with disability to access and use the premises; and
it is also a term of the agreement that —
the tenant may make a major modification of the kind referred to in paragraph (a) with the lessor’s consent (which must not be refused in the circumstances described in section 50Z); and
the making of a major modification of the kind referred to in paragraph (a) is subject to any reasonable conditions of the lessor’s approval for the tenant to make the major modification.
in relation to any residential tenancy agreement to which section 50W(2) may apply:
If a residential tenancy agreement does not include a term referred to in subsection (2)(a), (b) or (c) agreed by the tenant and lessor, it is taken to include a term referred to in subsection (2)(b).
[Regulation 7BA inserted: SL 2024/149 r. 8.]
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