34Notices of eviction to impacted residents for non-payment of residency fees during relevant period

34 Notices of eviction to impacted residents for non-payment of residency fees during relevant period

34 Notices of eviction to impacted residents for non-payment of residency fees during relevant period

(1) This clause regulates, for the purposes of section 229(1)(c) of the Residential Tenancies Act 2010, the notice that a proprietor must give an impacted resident if the proprietor intends to evict the impacted resident solely on the ground that the impacted resident has not paid residency fees payable under an occupancy agreement during the relevant period.

(2) The proprietor must give the impacted resident the following notice of the eviction—

(a) if the proprietor has participated, in good faith, in a formal rent negotiation process with the impacted resident but an agreement about the residency fees was not reached because the impacted resident did not participate in the process in good faith—60 days written notice,

(b) otherwise—6 months written notice.

(3) If a proprietor has not given notice in accordance with this clause, the proprietor is taken not to have complied with the occupancy principles as the principles apply under Part 3 of the Act.

(4) In this clause—

formal rent negotiation process means a dispute resolution process between a proprietor and an impacted resident, facilitated by an independent third party, to negotiate the residency fees payable under an occupancy agreement having regard to the specific circumstances of the proprietor and the impacted resident.

pt 5 (cll 32–35): Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.