109If a subsidised accommodation eligibility requirement is

109 If a subsidised accommodation eligibility requirement is amended during the tenancy, the lessor must give the tenant a copy of the amended requirements not later than 2 weeks after the lessor is informed of or makes the amendments. Tenant must provide information relating to eligibility requirements 110 (1) The lessor may ask the tenant, in writing, to give the lessor any information that is reasonably necessary for assessing— (a) the lessor’s or owner’s eligibility for government funding or assistance for the premises; or (b) the tenant’s eligibility to live in the premises. (2) If the lessor makes a request under subclause (1), the lessor must give the tenant a reasonable period to comply with the request. (3) The tenant agrees to give the lessor any information requested under subclause (1) within the period stated in the lessor’s request. (4) A tenant’s failure to comply with subclause (3) is not taken to be a breach of this agreement. Termination if tenant fails to provide information relating to eligibility requirements 111 (1) If the tenant does not give the lessor information in accordance with the lessor’s request for information within the period stated in the lessor’s request, the lessor may give the tenant at least 26 weeks notice to vacate the premises. (2) A notice to vacate given under subclause (1) must include the (a) a statement that the tenant did not give the lessor the information requested by the lessor; (b) the name and contact details of a legal or advocacy service the tenant’s legal rights; (c) a statement that the notice will be withdrawn if the tenant gives the lessor the requested information before the end of the period stated in the notice. (3) If the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice given under subclause (1), the notice to vacate is taken to have been withdrawn. (4) Subclause (5) applies if— (a) the tenant gives the lessor the information in accordance with the lessor’s request for information before the end of the period in the notice given under subclause (1); and (b) under the subsidised accommodation eligibility requirements for the premises— (i) the tenant stops, or will stop, being eligible to live in the premises; or (ii) the lessor stops, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant. (5) Despite clause 112, the lessor may give the tenant notice to vacate the premises provided that the notice is for the later of— subclause (1); and (b) 12 weeks after notice is given under this subclause. On 1 July, Poppy’s lessor gives Poppy a notice to vacate because Poppy did not provide the lessor with information about Poppy’s eligibility for subsidised housing within the required period. The notice to vacate gives Poppy the required 26 weeks notice, meaning Poppy must vacate the premises by 30 December. On 1 August, Poppy gives the lessor the information the lessor requested and the first notice to vacate is taken to be withdrawn. Taking into account the new information, the lessor determines that Poppy is no longer eligible to live in the premises. The lessor may give Poppy a second notice to vacate, but the second notice must not have a notice period that ends before 30 December. (6) A notice to vacate given under subclause (5) must include the name and contact details of a legal or advocacy service that may be able to provide the tenant with advice about the tenant’s legal rights. (7) If the lessor gives a tenant a notice to vacate under this clause, or Termination if tenant no longer eligible to live in premises 112 (1) This clause applies if, under the subsidised accommodation eligibility requirements for the premises— (a) the tenant stops, or will stop, being eligible to live in the (b) the lessor stops, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant. (2) The lessor may give the tenant notice to vacate the premises provided that the notice is not less than the later of the following: (a) 26 weeks after the day the lessor gives the notice to the tenant; (b) if the lessor gives the notice because the tenant has stopped, or will stop, being eligible to live in the premises—the day the tenant stops being eligible to live in the premises; (c) if the lessor gives the notice because the lessor has stopped, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant—the day the lessor stops being eligible for funding or assistance for (3) A notice to vacate must include the following information: (a) if the tenant has stopped, or will stop, being eligible to live in the premises—the reason why; (b) if the lessor has stopped, or will stop, being eligible to receive government funding or assistance to provide the premises to the tenant—the reason why; (c) the name and contact details of a legal or advocacy service the tenant’s legal rights. (4) If the lessor gives a tenant a notice to vacate under this clause, or (5) The residential tenancy agreement terminates on the day the (see s 2) Note The Legislation Act contains definitions relevant to this Act. For example: • ACAT • Australian Consumer Law (ACT) • building code • calendar month • commissioner for fair trading • corporation • Criminal Code • director-general (see s 163) • domestic partner (see s 169 (1)) • entity • expire • fail • health practitioner • housing commissioner • human rights commission • individual • month • police officer • public holiday • sign • statutory instrument (see s 13) • territory law • working day. ACAT trust account—see the ACT Civil and Administrative Tribunal Act 2008, section 115B (2). affected residential premises—see the Dangerous Substances Act 2004, section 47I. affected residential premises register—see the Dangerous Substances Act 2004, section 47P. agent, for part 7 (Residential tenancy databases)—see section 87. assignee, in relation to a residential park agreement, for division 5B.3 (Assignment of interests)—see section 71K (1). assignor, in relation to a residential park agreement, for division 5B.3 (Assignment of interests)—see section 71K (1). bond means an amount paid or payable by a tenant as security for the performance of the tenant’s obligations under a residential tenancy bond release application, for division 3.4 (Release of bond money)— see section 32. break lease fee clause means clause 89A of the standard residential tenancy terms. class, of building—see the Building Act 2004, dictionary. commercial guarantee—see section 102. competent person, for division 4.3A (Termination initiated by tenant—termination for family violence)—see section 46I (1). competent person declaration, for division 4.3A (Termination section 46I (1). condition report, for premises under a residential tenancy agreement—see section 29 (1). consecutive tenancy agreement, for premises—a residential tenancy agreement is a consecutive tenancy agreement if— (a) a residential tenancy agreement for the premises terminates or is terminated; and (b) 1 or more tenants under the terminated agreement continue to occupy the premises under the new agreement. co-tenant—see section 6AA. crisis accommodation—see section 126. database operator, for part 7 (Residential tenancy databases)—see section 87. defective termination notice means a notice that— (a) if there is a form approved under section 133 (Approved forms—Minister) for a termination notice—is not in the approved form; or (b) if there is no form approved under section 133—does not contain the information required by the standard residential tenancy terms; or (c) for a notice that purports to be a family violence termination notice— (i) does not contain the information required under section 46D; or (ii) is not accompanied by a supporting document mentioned in section 46D (3) (b); or (d) is not given in accordance with this Act. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act (see Legislation Act, s 104). education provider—means an entity mentioned in the Education Act 2004, table 9A, column 3. eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, section 9A (1). energy efficiency rating means the energy efficiency rating contained in an energy efficiency rating statement. energy efficiency rating statement—see the Construction Occupations (Licensing) Act 2004, section 123AC. family violence, for division 4.3A (Termination initiated by tenant— termination for family violence)—see the Family Violence Act 2016, section 8. family violence order— (a) for this Act generally—see the Family Violence Act 2016, dictionary; and (b) for division 4.3A (Termination initiated by tenant—termination for family violence)—see the Family Violence Act 2016, section 115. family violence termination notice, for division 4.3A (Termination section 46D (2) (a). fixed term agreement means a residential tenancy agreement under which a tenant has a right of occupation for a fixed term. former lessor, in relation to a residential tenancy agreement that has been terminated, means the person who was the lessor while the agreement was in force. former tenant, in relation to a residential tenancy agreement that has been terminated, means the person who was the tenant while the agreement was in force. grantor—see section 71A. housing assistance, in relation to a tenant—see the Housing Assistance Act 2007, section 7. inaccurate, in relation to personal information in a residential tenancy database, for part 7 (Residential tenancy databases)—see section 87. lessor—see section 5. list, in relation to personal information in a residential tenancy manufactured home means a structure, other than a caravan or tent, that— (a) has the character of residential premises; and (b) is designed, built or manufactured to be transported from 1 place to another for use as a home; and (c) is not permanently attached to land. minimum housing standards—see section 19A (1). minor modification, to premises under a residential tenancy agreement, for part 5AA—see section 71AA. mobile home means a motor vehicle, caravan or other trailer, or other registrable vehicle under the Road Transport (Vehicle Registration) Act 1999 that is used as a home. mobile home park means land lawfully used for the purpose of accommodating mobile homes or caravans, and includes a caravan park or camping ground. notice of continuing tenancy, for division 4.3A (Termination section 46F (2) (a). occupancy agreement—see section 71C. occupancy dispute—see section 73. occupancy principles—see section 71EA. occupant—see section 71B. operator, of a residential park, for part 5B (Residential parks)—see section 71H. original condition report, for premises under a consecutive tenancy agreement, means a condition report given to a tenant under section 29 not later than 2 days after the lessor last had possession of out of date, in relation to personal information in a residential tenancy payment order—see section 49A (2). periodic agreement means a residential tenancy agreement that is not a fixed term agreement. personal information, for part 7 (Residential tenancy databases)— see section 87. personal protection order—see the Personal Violence Act 2016, dictionary. premises includes— (a) any habitable structure, whether it is fixed to the land or not; and (b) part of any premises; and (c) any land, buildings or structures belonging to the premises. protected person, for division 6.5A (Powers and decisions of ACAT—protection orders)—see section 85. protection order means— (a) a protection order under the Family Violence Act 2016; or Note The def protection order includes, among other things, an interim or final protection order (see Family Violence Act 2016, dict). (b) a personal protection order under the Personal Violence Act 2016. publish, for division 2.2 (Precontractual obligations)—see section 10A. registered community housing provider—see the Community Housing Providers National Law (ACT), section 4 (1). Note The Community Housing Providers National Law (ACT) Act 2013, s 7 applies the Community Housing Providers National Law set out in the Community Housing Providers (Adoption of National Law) Act 2012 (NSW), appendix as if it were an ACT law called the Community Housing Providers National Law (ACT). registrar means the registrar of the ACAT. rental bond, for a residential tenancy agreement, for part 7 (Residential tenancy databases)—see section 87. rental rate increase, for premises, for part 5 (Rental rate increases)— see section 64AE. residential park— (a) means land that includes— (i) sites for accommodating manufactured homes or mobile homes; and (ii) common areas and facilities for the use of people occupying the manufactured homes or mobile homes; and (b) includes a caravan park or camping ground. residential park agreement, for part 5B (Residential parks)—see section 71H. Residential Tenancies Act, for schedule 1 (Standard residential tenancy terms)—see schedule 1, clause 1 (1). residential tenancy agreement—see section 6A. residential tenancy database, for part 7 (Residential tenancy databases)—see section 87. respondent, for division 6.5A (Powers and decisions of ACAT— protection orders)—see section 85. site agreement, for part 5B (Residential parks)—see section 71H. social housing dwelling means premises provided by the housing commissioner or a registered community housing provider under an approved housing assistance program under the Housing Assistance Act 2007. special modification, to premises under a residential tenancy agreement, for part 5AA—see section 71AA. standard guarantee contract—see section 102. standard residential tenancy terms— (i) the standard residential tenancy terms mentioned in schedule 1; and (ii) any additional term mentioned in schedule 2 that, under section 8 (1) (b) to (f), is taken to be included in a residential tenancy agreement; but (b) does not include a term mentioned in section 8 (1) (g). subsequent condition report, for premises under a consecutive tenancy agreement, means a condition report made under section 29 or section 30A at any time after an original condition report was made under section 29. supporting document, for a family violence termination notice, for division 4.3A (Termination initiated by tenant—termination for family violence)—see section 46D (3) (b). temporary housing assistance—see the Housing Assistance Act 2007, dictionary. tenancy dispute—see section 72. tenant—see section 6. termination and possession order means an order of the tribunal terminating a residential tenancy agreement and granting vacant possession of the relevant premises to the lessor. termination notice— (a) means a written notice that— (i) if there is a form approved under section 133 (Approved forms—Minister) for a termination notice—is in the approved form; and (ii) if there is no form approved under section 133—contains the information required by the standard residential tenancy terms; and (iii) is served in accordance with this Act; and (b) includes a family violence termination notice served in accordance with this Act. tribunal, for schedule 1 (Standard residential tenancy terms) and schedule 2 (Additional terms for certain residential tenancy agreements), means the ACAT. trust account means the trust bank account maintained by the director-general of the administrative unit responsible for administering this Act in accordance with the Financial Management Act 1996, section 51. vacating day, stated in a family violence termination notice, for division 4.3A (Termination initiated by tenant—termination for family violence)—see section 46D (3) (a). 1 About the endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired Residential Tenancies Act 1997 A1997-84 notified 25 November 1997 (Gaz 1997 No S360) s 1, s 2 commenced 25 November 1997 (s 2 (1)) remainder commenced 25 May 1998 (s 2 (3)) Legal Practitioners (Consequential Amendments) Act 1997 A1997-96 sch 1 notified 1 December 1997 (Gaz 1997 No S380) s 1, s 2 commenced 1 December 1997 (s 2 (1)) sch 1 commenced 1 June 1998 (s 2 (2)) Residential Tenancies (Amendment) Act 1997 A1997-122 notified 24 December 1997 (Gaz 1997 No S420) ss 1-3 commenced 24 December 1997 (s 2 (1)) remainder commenced 31 March 1999 (s 2 (2)) Residential Tenancies (Amendment) Act 1998 A1998-5 notified 25 May 1998 (Gaz 1998 No S150) s 4, s 8 commenced 1 July 1998 (s 2 (2)) remainder commenced 25 May 1998 (s 2 (1)) Courts and Tribunals (Audio Visual and Audio Linking) Act 1999 A1999-22 pt 12 notified 14 April 1999 (Gaz 1999 No S16) s 1, s 2 commenced 14 April 1999 (s 2 (1)) pt 12 commenced 1 September 1999 (s 2 (2) and Gaz 1999 No 35) Law Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3 notified 10 November 1999 (Gaz 1999 No 45) sch 3 commenced 10 November 1999 (s 2) Justice and Community Safety Legislation Amendment Act 2000 A2000-1 sch notified 9 March 2000 (Gaz 2000 No 10) s 1, s 2 commenced 9 March 2000 (s 2 (1)) sch commenced 9 September 2000 (s 2 (3)) Justice and Community Safety Legislation Amendment Act 2000 (No 3) A2000-17 sch 1 notified 1 June 2000 (Gaz 2000 No 22) commenced 1 June 2000 (s 2) Unit Titles Consequential Amendments Act 2001 A2001-17 sch 2 notified 5 April 2001 (Gaz 2001 No 14) s 1, s 2 commenced 5 April 2001 (IA s 10B) sch 2 commenced 5 October 2001 (s 2) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 332 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 332 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Legislation Amendment Act 2002 A2002-11 pt 2.42 notified LR 27 May 2002 s 1, s 2 commenced 27 May 2002 (LA s 75) pt 2.42 commenced 28 May 2002 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2002 A2002-27 pt 13 notified LR 9 September 2002 s 1, s 2 commenced 9 September 2002 (LA s 75) pt 13 commenced 7 October 2002 (s 2 (2)) Statute Law Amendment Act 2002 A2002-30 pt 3.61 notified LR 16 September 2002 s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2)) pt 3.61 commenced 17 September 2002 (s 2 (1)) Evidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48 sch 2 pt 2.12 notified LR 31 October 2003 s 1, s 2 commenced 31 October 2003 (LA s 75 (1)) sch 2 pt 2.12 commenced 30 April 2004 (s 2 and LA s 79) Construction Occupations Legislation Amendment Act 2004 A2004-13 sch 2 pt 2.24 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 2 pt 2.24 commenced 1 September 2004 (s 2 and see Construction Occupations (Licensing) Act 2004 A2004-12, s 2 and CN2004-8) Residential Tenancies Amendment Act 2004 A2004-58 (as am by A2005-20 sch 3 pt 3.51) notified LR 8 September 2004 s 1, s 2 commenced 8 September 2004 (LA s 75 (1)) sch 1 commenced 1 January 2006 (s 2 (3)) remainder commenced 8 March 2005 (s 2 (1) and LA s 79) Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.65 notified LR 2 September 2004 s 1, s 2 commenced 2 September 2004 (LA s 75 (1)) sch 1 pt 1.65 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29) Statute Law Amendment Act 2005 A2005-20 sch 3 pt 3.51 notified LR 12 May 2005 s 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2)) sch 3 pt 3.51 taken to have commenced 8 March 2005 (s 2 (2)) Note This Act only amends the Residential Tenancies Amendment Act