63Abandonment during periodic agreement

63 Abandonment during periodic agreement If a tenant abandons premises of which the tenant has possession under a periodic agreement, the former lessor may claim from the former tenant compensation of an amount equivalent to 3 weeks rent. 64 Successor in title to lessor (1) A person other than a lessor who, apart from section 36, would be entitled to possession of premises, may terminate the residential tenancy agreement relating to the premises by— (a) notifying the tenant as soon as practicable after becoming so entitled that the person would be entitled to possession apart from section 36 and that the person who was lessor is no longer lessor; and (b) giving the tenant not less than 8 weeks notice to vacate the 1 The lessor dies and the premises are inherited by the lessor’s child. The child may terminate the tenancy. 2 The lessor mortgages the premises, defaults on the mortgage and the mortgagee forecloses. The mortgagee may terminate the tenancy. (2) A person cannot terminate a tenancy under subsection (1) if the person— (a) is a purchaser of the premises; and (b) knew about the tenancy, or could reasonably be expected to have known about the tenancy, before purchasing the premises. (3) If a person has given notices under subsection (1), the relevant residential tenancy agreement terminates at the end of the period of 8 weeks after the date of the notice mentioned in subsection (1) (b) or on the later date specified in the notice. Miscellaneous Division 4.7 64AA Termination—affected residential premises (1) This section applies if premises that are the subject of a residential tenancy agreement are affected residential premises. (2) A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement. (3) If the tenant terminates the agreement, the tenant must— (b) give the lessor at least 2 days notice. (4) If the lessor terminates the agreement, the lessor must— (a) state the date the lessor intends to terminate the agreement; and (b) give the tenant at least 1 week’s notice. (5) If the tenant vacates the premises on or before the date stated in the (6) However— (a) if the tenant gives notice and does not vacate the premises on or before the date stated in the notice— (i) the notice is taken to be withdrawn; and (ii) the agreement continues; or (b) if the lessor gives notice and the tenant does not vacate the premises on or before the date stated in the notice— (i) the notice remains in force; and (ii) the lessor may apply to the ACAT under section 55A for a termination and possession order in relation to the (7) The break lease fee clause does not apply if a fixed term agreement is 64AB Termination—eligible impacted property (1) This section applies if premises that are the subject of a residential tenancy agreement are an eligible impacted property. (2) A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement. (3) The party terminating the agreement must— (a) state the date the party intends to terminate the agreement; and (b) give the other party at least 28 working days notice. (5) However— (a) if the tenant gives notice and does not vacate the premises on or before the date stated in the notice— (i) the notice is taken to be withdrawn; and (ii) the agreement continues; or (b) if the lessor gives notice and the tenant does not vacate the premises on or before the date stated in the notice— (i) the notice remains in force; and (ii) the lessor may apply to the ACAT under section 55B for a termination and possession order in relation to the Miscellaneous Division 4.7 64AC No new residential tenancy agreements etc for affected residential premises (1) This section applies in relation to affected residential premises that are included in the affected residential premises register. (2) Despite any other provision in this Act, a residential tenancy agreement for the premises entered into on or after 1 July 2020 is void. (3) Despite any other provision in this Act, the assignment or subletting of the premises entered into on or after 1 July 2020 is void. (4) Despite any other provision in this Act, an occupancy agreement for the premises entered into on or after 1 July 2020 is void. (5) Despite any other provision in this Act, a person may apply to the ACAT for an order for the following: (a) that the lessor of the premises pay the person compensation for money paid by the person under a residential tenancy agreement, or an assigned residential tenancy agreement, that is void under this section; (b) that the tenant of the premises pay the person compensation for the money paid by the person under an agreement to sublet the premises that is void under this section; (c) that the grantor of an occupancy agreement for the premises pay the person compensation for the money paid by the person under the agreement that is void under this section. 64AD Disallowing retaliatory notices to vacate (a) a lessor has given a termination notice to the tenant in accordance with this Act and the standard residential tenancy terms; and (b) the tenant makes an application for an order disallowing the termination notice before the end of the notice period stated in the notice; and (c) the ACAT is satisfied that— (i) 1 or more of the following happened: (A) the tenant applied to the ACAT for an order in relation to the lessor; (B) the tenant complained to a government entity in relation to the lessor; (C) the tenant took reasonable action to secure or enforce the tenant’s rights; the tenant sought legal advice or mediation (D) the ACAT made an order in favour of the tenant against the lessor; (E) the tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor; and (ii) for the circumstance mentioned in subparagraph (i) (E)— the tenant did not, knowingly or recklessly, publish or disclose information that was false or misleading; and (iii) the lessor was motivated to give the tenant the termination notice because of an event mentioned in subparagraph (i). (2) The ACAT must make an order disallowing the termination notice. information includes an allegation, complaint or opinion. publish includes communicate. 64AE Meaning of rental rate increase—pt 5 rental rate increase, for premises, means either of the following: (a) an increase in the rental rate for the premises under a residential tenancy agreement (including an existing consecutive tenancy agreement); (b) an increase in the rental rate for the premises that will take effect under a proposed consecutive tenancy agreement. 64A Pre-amendment fixed term agreements—increase in rent (1) This section applies only in relation to a fixed term agreement entered into before the commencement of the Housing and Consumer Affairs Legislation Amendment Act 2024, section 76. (2) The rental rate under the agreement must not be increased during the fixed term unless the amount of the increase, or a method for working it out, is set out in the agreement. 64AAA Limitation on rent increases—frequency (1) A lessor must not increase the rental rate under a residential tenancy agreement unless the increase takes effect at least 12 months after— (a) for the first increase under the agreement—the day the residential tenancy agreement started; or (b) for a later increase under the agreement—the day the last increase in rental rate took effect. (2) However, for a consecutive tenancy agreement, the lessor must not increase the rental rate unless the increase takes effect at least 12 months after the day the last increase in rental rate took effect, whether under the consecutive tenancy agreement or a terminated 64AAB Rent increases—housing commissioner (1) This section applies if the housing commissioner— (a) is the lessor under a residential tenancy agreement (including a consecutive tenancy agreement); and (b) has decided to increase the rental rate after a review under the Housing Assistance Act 2007, section 23. (2) Despite section 64AAA, the housing commissioner may increase the rental rate under the residential tenancy agreement. (3) However, if a previous review of the rental rate has been undertaken, the increase under subsection (2) must not take effect earlier than 12 months after the day the last increase in rental rate took effect.