17Issue of replacement residential tenancy agreement

17 Issue of replacement residential tenancy agreement

(1)  [Section 17 Subsection (1) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009] [Section 17 Subsection (1) substituted by No. 38 of 2018, s. 11, Applied:31 Mar 2019] In this section –

original agreement means a residential tenancy agreement in relation to residential premises referred to in subsection (2) ;

replacement agreement means a residential tenancy agreement established under subsection (1A)(b) or (c) .

(1A)  [Section 17 Subsection (1A) inserted by No. 38 of 2018, s. 11, Applied:31 Mar 2019] If the person against whom an FVO is to be made is a tenant of residential premises occupied by an affected person, a court may make an order under section 16 to –

(a) terminate the original agreement; or

(b) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the affected person and any other party who was a party to the terminated agreement, other than the person against whom the FVO is to be made; or

(c) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the person against whom the FVO is to be made and any other party who was a party to the terminated agreement, other than the affected person.

(2)  [Section 17 Subsection (2) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009] [Section 17 Subsection (2) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009] A replacement agreement is to have the same terms and conditions, other than the names of the tenants, as the original agreement.

(3)  [Section 17 Subsection (3) amended by No. 59 of 2005, s. 16, Applied:01 Jul 2009] Where the original agreement was for a fixed term, the date of expiry of the replacement agreement is to be the same as that of the original agreement.