71Reduction of existing rent

71 Reduction of existing rent (1) On application by a tenant, the ACAT must order a reduction in the rental rate payable under a residential tenancy agreement if it considers that the tenant’s use or enjoyment of the premises has diminished significantly as a result of any of the following: (a) the loss or diminished utility of an appliance, furniture, a facility or a service supplied by the lessor with the premises as a result of— (i) the withdrawal of the appliance, furniture, facility or service by the lessor; or (ii) the failure by the lessor to maintain the premises and any appliance, furniture or facility supplied with the premises in a reasonable state of repair, having regard to their condition at the commencement of the residential tenancy (iii) the failure by the lessor to provide and maintain the locks or other security devices necessary to ensure that the premises are reasonably secure; (b) the loss of the use of all or part of the premises; (c) interference with the tenant’s quiet enjoyment of the premises or the tenant’s ability to use the premises in reasonable peace, comfort and privacy by the lessor or anyone claiming through the lessor or having an interest in, or title to, the premises. (2) To remove any doubt and for subsection (1), a tenant’s quiet enjoyment of premises is interfered with if there is substantial interference with, or a significant lessening of freedom in exercising, the tenant’s rights. (3) A reduction in the rental rate ordered under subsection (1)— (a) takes effect from the day the tenant’s use or enjoyment of the premises diminished, or the later date that the ACAT specifies; and (b) remains in force for the period, not longer than 12 months, specified by the ACAT. (4) The ACAT may order a lessor to pay to the tenant the difference between the rent paid and the rent payable as a result of an order for a rental rate reduction. (5) Any purported rental rate increase in relation to premises for which a reduction order is in force is void and any amount paid above and beyond the reduced rental rate in accordance with a purported increase is a debt owing by the lessor to the tenant. 71AAA Rent reduction for lessor’s failure to comply with a minimum housing standard (1) On application by a tenant, the ACAT may order a reduction in the rental rate payable under a residential tenancy agreement (a rent reduction order) if the lessor fails to ensure premises comply with a minimum housing standard in accordance with section 19B. (2) However, the ACAT may refuse to make an order under subsection (1) if the tenant has failed to provide the lessor with reasonable access in accordance with clause 82 of the standard residential tenancy terms. (3) A rent reduction order— (a) takes effect from the day the premises fail to comply, or no longer comply, with the minimum housing standard, or any later date stated by the ACAT; and (b) remains in force for the period stated by the ACAT. (4) The ACAT may order a lessor to pay to the tenant the difference between the rent paid and the rent payable as a result of a rent reduction order. (5) Any purported rental rate increase in relation to premises for which a reduction order is in force is void and any amount paid above the reduced rental rate in accordance with a purported increase is a debt owing by the lessor to the tenant. Part 5AA Lessor’s consent in certain matters 71AA Definitions—pt 5AA minor modification, to premises under a residential tenancy agreement, means— (a) a renovation, alteration or addition that can be removed or undone so that the premises are restored to substantially the same condition as the premises were in at the commencement of the agreement, fair wear and tear excepted; or (b) a modification prescribed by regulation. special modification, to premises under a residential tenancy agreement, means— (a) a minor modification; or (b) a renovation, alteration or addition for 1 of the following reasons: (i) the safety of the tenant or other people on the premises; (ii) on written recommendation of a health practitioner—to assist a tenant in relation to the tenant’s disability; (iii) to improve the energy efficiency of the premises; (iv) to allow access to telecommunications services; (v) the security of the premises, or the tenant or other people on the premises; (vi) any other reason prescribed by regulation. Examples—par (i) furniture anchors, child safety gates or fittings Examples—par (ii) access ramps, safety rails Examples—par (v) deadlocks, security doors, security alarms 71AB Process for tenant seeking consent—modifications generally (1) This section applies if, under a residential tenancy agreement, the tenant is required to obtain the lessor’s consent to renovate, or make an alteration or addition to, the premises. (2) The tenant may apply, in writing, to the lessor for the lessor’s consent. (3) The lessor— (a) for a special modification—may refuse consent only if the lessor obtains the ACAT’s prior approval; and (b) in any other case—must not unreasonably refuse consent. (4) The lessor may impose a reasonable condition on consent. requiring the proposed renovation, alteration or addition to be done in a stated way to minimise damage to the premises (5) For an application under subsection (2) in relation to a special modification, the lessor is taken to consent to the tenant’s application unless, within 14 days of receiving the application, the lessor applies to the ACAT under section 71AC. 71AC Lessor to apply to ACAT for refusal—special modifications (1) A lessor may apply to the ACAT for an order approving the lessor’s refusal of the tenant’s application under section 71AB (2) for consent to a special modification. (2) The ACAT must— (a) approve the lessor’s application; or (b) refuse the lessor’s application; or Example—par (c) the work be undertaken by a qualified tradesperson (3) The ACAT may make an order under subsection (2) (a) or (c) if satisfied— (a) the lessor would suffer significant hardship; or (b) the special modification would be contrary to a territory law; or (c) the special modification is likely to require modifications to other residential premises or common areas; or (d) the special modification would result in additional maintenance costs for the lessor; or (e) of any other matter prescribed by regulation. 71AD Tenant may apply to ACAT for review of refusal—other modifications (a) a tenant makes an application under section 71AB (2) for the lessor’s consent to renovate, or make an alteration or addition to, premises; and (b) the renovation, alteration or addition is not a special modification; and (c) the lessor refuses to consent to the application. (2) The tenant may apply to the ACAT for an order that the lessor unreasonably refused to consent to the application. (3) The ACAT must— (a) approve the tenant’s application; or (b) refuse the tenant’s application; or Example—par (c) the work be undertaken by a qualified tradesperson (4) In making a decision under subsection (3), the ACAT must consider— (a) whether the modification— (i) would cause the lessor to suffer significant hardship; and (ii) would be contrary to a territory law; and (iii) is likely to require modifications to other residential premises or common areas; and (iv) would result in additional maintenance costs for the lessor; and (v) is otherwise reasonable in the circumstances; and (b) any other matter prescribed by regulation. 71AE Process for tenant seeking consent—animals (1) This section applies if, under a residential tenancy agreement, the tenant is required to obtain the lessor’s consent to keep an animal on (2) The tenant may apply, in writing, to the lessor for the lessor’s consent. (3) The lessor may refuse consent only if the lessor obtains the ACAT’s prior approval. (4) The lessor may impose a condition on consent— (a) if the condition is a reasonable condition about— (i) the number of animals kept on the premises; or (ii) the cleaning or maintenance of the premises; or (b) with the prior approval of the ACAT. Note A tenant may apply to the ACAT to resolve a tenancy dispute, including a dispute about whether a condition imposed under s (4) (a) is a reasonable condition (see pt 6). (5) The lessor is taken to consent to the tenant’s application under subsection (2) unless, within 14 days of receiving the application, the lessor applies to the ACAT under section 71AF. 71AF Lessor to apply to ACAT for refusal—animals (1) A lessor may apply to the ACAT for an order approving— (a) the lessor’s refusal of the tenant’s application under section 71AE (2) to keep an animal on the premises; or (b) a condition on the lessor’s consent to the tenant’s application. (2) The ACAT must— (a) approve the lessor’s application; or (b) refuse the lessor’s application; or (3) The ACAT may make an order under subsection (2) (a) or (c) if satisfied— (a) the premises are unsuitable to keep the animal; or (b) keeping the animal on the premises would result in unreasonable damage to the premises; or (c) keeping the animal on the premises would be an unacceptable risk to public health or safety; or (d) the lessor would suffer significant hardship; or (e) keeping the animal on the premises would be contrary to a territory law. 71AG Limitation on lessor’s liability The lessor has no additional duty of care to a person arising from any consent given or required under section 71AE (5). 71A Who is a grantor? (1) A person is a grantor if the person grants a right of occupation under an occupancy agreement. (2) Grantor includes a prospective grantor. 71B Who is an occupant? (1) A person is an occupant if the person has a right of occupation under an occupancy agreement. (2) Occupant includes a prospective occupant. 71C What is an occupancy agreement? (1) An agreement is an occupancy agreement if— (a) under the agreement— (i) a person (the grantor) gives someone else (the occupant) a right to occupy stated premises; and (ii) the premises are for the occupant to use as a home (whether or not with other people); and (iii) the right is given for value; and (b) the agreement is 1 of the following: (i) except if section 6B applies, an agreement to occupy premises in the grantor’s principal place of residence; (ii) except if section 6B applies, an agreement to occupy premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider; (iii) an agreement— (A) to exclusively occupy a sleeping space in a building with other sleeping spaces with related access to shared facilities or provision of domestic services; and (B) that states it is an occupancy agreement; (iv) an agreement— (A) for emergency accommodation for people in crisis; and (B) that states it is an occupancy agreement for emergency accommodation for people in crisis; (v) an agreement— (A) to occupy premises provided under a housing support program; and (B) that states it is an occupancy agreement for a housing support program; (vi) an agreement— (A) to occupy premises because of membership in a club or other entity; and (B) that states it is an occupancy agreement; (vii) except if section 6B applies, an agreement to occupy— (A) premises provided by the grantor in a residential park; or (B) a site in a residential park, for the purpose of the occupant placing a manufactured home or a mobile home on the site; (viii) an agreement prescribed by regulation. Examples—par (b) (iii) (A) a bedroom in a boarding house, a bed in a dormitory-style room Note This Act does not apply to nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4). (2) The agreement may be— (a) express or implied; or (b) in writing, oral, or partly in writing and partly oral. Note After 6 weeks, the occupancy agreement should be in writing (see s 71EA (1) (b)). (3) The right to occupy may be— (a) exclusive or not; (b) given with a right to use facilities, furniture or goods. housing support program means a program funded by the Territory under which accommodation is provided for people who— (a) are homeless or at risk of homelessness; or (b) will receive welfare or health support or services when using the accommodation. Examples—par (b) alcohol and drug addiction services shared facilities, in relation to premises, means areas related to the premises, provided for shared use by people occupying those and other premises. shared bathroom and toilet, laundry, kitchen sleeping space, in a building, means— (a) a bedroom; or (b) a bed in a room with other beds. 71CA Certain types of agreements not occupancy agreements An occupancy agreement does not include an agreement— (a) under which a tenant under a residential tenancy agreement gives a right to occupy the premises the subject of the residential tenancy agreement; or (b) arising under a mortgage entered into honestly in relation to the (c) arising under a scheme if— (i) a group of adjacent premises is owned by a company; and (ii) the people who have rights to occupy the adjacent premises jointly have a controlling interest in the company; or (d) entered into honestly to give a right to occupy the premises for a holiday; or (e) entered into by a person who is also a party to a related agreement entered into honestly for the sale or purchase of the (f) prescribed by regulation. 71CB Occupancy agreement—smoke alarms (1) A grantor must not enter into an occupancy agreement (other than a site-only residential park occupancy agreement) with an occupant in relation to premises unless— (a) smoke alarms are installed for the premises; and (b) the smoke alarms, and the installation of the smoke alarms, comply with the requirements prescribed by regulation under section 11B (1) (b). Note Other requirements may apply in relation to the installation of smoke alarms, for example, requirements under the Building Act 2004. (2) For a site-only residential park occupancy agreement, the occupant must comply with the requirements in subsection (1) (a) and (b). site-only residential park occupancy agreement means an occupancy agreement mentioned in section 71C (1) (b) (vii) (B). 71D When does an occupancy start and end? (1) An occupancy agreement starts on the earliest of the following days: (a) the day stated in the agreement; (b) the 1st day both parties have signed the agreement and received a copy signed by the other; (c) the day the occupant takes possession of the premises; (d) the 1st day the grantor receives rent from the occupant. (2) An occupancy agreement ends on the following day: (a) if the agreement is for a fixed term— (i) the last day of the fixed term; or (ii) if, with the grantor’s consent, the occupant continues to occupy the premises after the fixed term ends— (A) the day agreed by the grantor and occupant; or (B) the day the agreement is terminated under section 71EK; or (b) if the agreement is not for a fixed term— (i) a day agreed by the grantor and occupant; or (ii) the day the agreement is terminated under section 71EK. 71E Application of occupancy principles (1) An occupancy agreement for premises— (a) is taken to contain the occupancy principles as in force from time to time; and (b) may contain— (i) rules about occupying the premises (the occupancy rules); and (ii) additional terms. (2) An occupancy rule or additional term in an occupancy agreement is void if it is inconsistent with the occupancy principles, this Act or another territory law. 71EA Occupancy principles (1) The following principles (the occupancy principles) apply to an occupancy agreement in relation to premises: (a) a grantor must provide premises that are— (i) reasonably clean; and (ii) in a reasonable state of repair; and (iii) reasonably secure; (b) a grantor must ensure that the occupancy agreement is in writing if— (i) the agreement is for a fixed term of more than 6 weeks; or (ii) if subparagraph (i) does not apply to the agreement—the total time the occupant occupies the premises under the agreement is more than 6 weeks; (c) a grantor may require an occupant to pay a security deposit only in accordance with section 71EC; Note A security deposit payable under an occupancy agreement must be treated as if it were a rental bond lodged with the Territory (see s 71ED). (d) a grantor must give an occupant a written receipt for payments made under the occupancy agreement in accordance with section 71EF; (e) a grantor may only impose an occupancy rule, fee, charge or penalty on an occupant if the requirements in section 71EG are met; (f) an occupancy rule must be reasonable and proportionate to the outcome sought by the imposition of the rule; (g) any penalty or consequence (other than termination of the agreement) for breaching an occupancy rule— (i) must be reasonable and proportionate to the seriousness of the breach of the rule; and (ii) must not impose unreasonable hardship on the occupant; (h) a grantor must provide the occupant with quiet enjoyment of the premises including access to the premises as set out in section 71EH; (i) a grantor must give the occupant the information mentioned in section 71EI about the dispute resolution processes that apply to the occupancy agreement; (j) a grantor may enter the premises only in accordance with section 71EJ or section 71EM; (k) an occupant must not behave in a way that detracts from the rights of others (including another occupant) to live and work in the premises in a safe environment, free from harassment or intimidation; (l) a party to the occupancy agreement must not terminate the agreement otherwise than in accordance with section 71EK; (m) an occupant must vacate the premises when the agreement ends; (n) an occupant must, at the end of the occupancy agreement, leave the premises— (i) in substantially the same state of cleanliness the premises were in at the start of the occupancy agreement; and (ii) in substantially the same condition the premises were in at the start of the occupancy agreement (allowing for fair wear and tear); and (iii) reasonably secure. (2) However, subsection (1) (g) does not apply to a penalty or consequence under a university requirement. (3) If subsection (1) (b) (i) does not apply to an occupancy agreement and the agreement is not in writing, the grantor may comply with any requirement in subsection (1) to include information in the agreement by giving the occupant the information, in writing, in any other appropriate way before the agreement starts. (4) For a site-only residential park occupancy agreement— (a) premises means the land and any fixtures in the residential park provided by the grantor for the purpose of the occupant placing a manufactured home or a mobile home on the land; and (b) the grantor is entitled to enter the occupant’s manufactured home or a mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes. site-only residential park occupancy agreement means an occupancy agreement mentioned in section 71C (1) (b) (vii) (B). university requirement means a statute, rule or policy about student discipline or medical leave made under, or authorised by, the Australian National University Act 1991 (Cwlth) or the University of Canberra Act 1989. 71EB Condition report (1) A grantor must, not later than the day after the occupant takes possession of the premises, give the occupant a report about the state of repair or general condition of the premises of the following on the day the occupant is given the report: (a) the premises; (b) any facilities, furniture or goods provided with the premises. (2) The grantor must sign the report and give the occupant a reasonable opportunity to check the content of the condition report. (3) If the grantor does not give the occupant a condition report for the premises, unless there is evidence to the contrary, the state of repair or general condition of the premises is taken to be the same at the end of the occupancy agreement as they were at the start of the agreement. 71EC Payment of security deposit (1) A grantor must not require an occupant under an occupancy agreement for premises to pay a security deposit unless— (a) the agreement is— (i) in writing; and (ii) for a fixed term of more than 14 days; and (b) the grantor complies with section 71EB in relation to a condition report. (2) The maximum amount of a security deposit is— (a) for an occupancy agreement with a fixed term of more than 14 days but less than 6 months—an amount of no more than the first 2 weeks of any occupancy fee payable under the agreement; or (b) for an occupancy agreement with a fixed term of 6 months or longer—an amount of no more than the first 4 weeks of any occupancy fee payable under the agreement. (3) The amount of the security deposit must be stated in the occupancy (4) A grantor must not require or accept— (a) more than 1 security deposit in relation to an occupancy (b) a security deposit from an occupant under an occupancy agreement for premises (the current agreement) if— (i) the occupant occupied the premises under an earlier occupancy agreement (the prior agreement); and (ii) a security deposit is held in relation to the prior agreement; and (iii) an application for the release of the deposit has not yet been made. Note An application may be made under div 3.4 (as applied by s 71ED (4)). 71ED Security deposit must be lodged with Territory (1) A security deposit payable under an occupancy agreement, other than an education provider occupancy agreement, must be deposited with the Territory. (2) The deposit must be accompanied by a written notice that states— (a) the names of, and addresses for service on, the occupant and the grantor; and (b) the amount of security deposit being deposited. (3) If the Territory accepts the amount of the security deposit, the Territory must— (a) give the occupant a receipt for the amount; and (b) give the occupant and grantor a copy of the notice under subsection (2). (4) If the Territory accepts the security deposit, the applied provisions apply in relation to the occupancy agreement as if— (a) the amount had been received by the Territory under part 3 (Bonds); and (b) the occupancy agreement were a residential tenancy agreement; and (c) the occupant were a tenant under the agreement; and (d) the grantor were the lessor under the agreement; and (e) any dispute between the occupant and the grantor about the security deposit were a tenancy dispute; and (f) any other necessary changes, and any changes prescribed by regulation, were made. applied provisions means the following provisions: (a) section 27 (Payment of bond money into trust account); (b) section 28 (Interest on amounts in trust account); (c) division 3.4 (Release of bond money). education provider occupancy agreement means an occupancy agreement in relation to premises in a residential facility associated with, or on the campus of, or provided under an arrangement with, an education provider. 71EE Deductions from security deposit A grantor may deduct from a security deposit paid under an occupancy agreement— (a) the reasonable cost of repairs to, or the restoration of, the premises or any facilities, furniture or goods provided with the premises as a result of damage (other than fair wear and tear) caused by the occupant; and (b) the reasonable cost of securing the premises if the occupant fails to return the keys for the premises to the grantor at the end of the agreement; and (c) any occupancy fee or other amount owing and payable under the occupancy agreement at the time the agreement ends. 71EF Receipts for certain payments (1) If an occupant pays to a grantor an amount under an occupancy agreement for premises of— (a) $75 or more—the grantor must give the occupant a written receipt for the payment; or (b) less than $75—the grantor must give the occupant a written receipt for the payment if asked by the occupant. (2) The grantor must— (a) keep a written record of all payments received from the occupant under the occupancy agreement; and (b) if asked by the occupant—give the occupant a copy of the record. 71EG Occupancy rules, fees, charges and penalties (1) The grantor must include the following information in an occupancy agreement for premises: (a) any occupancy rule that applies to the premises; (b) any penalty that may apply for a breach of an occupancy rule; (c) any penalty, fee or charge that may apply if the occupant terminates the agreement before the end of the agreement; (d) any other fee or charge payable under the agreement including— (i) the frequency of the fee or charge; and (ii) if relevant, how the fee or charge is worked out. Examples—par (d) (i) weekly occupancy fee, monthly electricity charge, quarterly water use fee, monthly wi-fi access fee Example—par (d) (ii) a stated share of a utilities bill Note If an occupancy agreement is not in writing, the grantor may comply with a requirement to give information by giving the information, in writing, in any other appropriate way (see s 71EA (3)). (2) The grantor must give the occupant— (a) at least 8 weeks prior written notice (the grantor’s notice period) before— (i) changing an occupancy rule included in the occupancy (ii) increasing a fee, charge or penalty payable under the occupancy agreement; or (iii) introducing a new fee, charge, occupancy rule or penalty payable under the occupancy agreement; and (b) reasonable notice about imposing a penalty for breach of an occupancy rule included in the occupancy agreement. (3) If the grantor gives notice under subsection (2) (a), the occupant may terminate the occupancy agreement by giving 2 weeks written notice to the grantor before the end of the grantor’s notice period. 71EH Occupant’s access to occupancy premises (1) As far as reasonably practicable, the grantor must give the occupant— (a) 24-hour access to— (i) the occupant’s part of the premises; and (ii) a toilet and bathroom; and (b) access at reasonable times to shared facilities having regard to the occupant’s circumstances. Example—occupant’s circumstances parents of a baby may need to use the kitchen to prepare baby formula occupant’s part, of premises the subject of an occupancy agreement, means the part of the premises that is provided under the agreement for the occupant’s primary use. shared facilities, in relation to premises the subject of an occupancy agreement, means an area related to the premises that is provided for shared use by occupants. shared laundry, kitchen, games room, outdoor BBQ area 71EI Information about dispute resolution processes The grantor must include the following information in an occupancy agreement for premises: (a) any internal dispute resolution process that applies to the (b) the contact details for— (i) the grantor; and (ii) at least 1 community dispute resolution service provider; and (iii) the human rights commission; and (iv) the legal aid commission; and (v) the ACAT. Note If an occupancy agreement is not in writing, the grantor may comply with a requirement to give information by giving the information, in writing, in any other appropriate way (see s 71EA (3)). 71EJ Entry by grantor to occupancy premises (1) The grantor must ensure an occupancy agreement for premises states— (a) under what circumstances the grantor may enter the premises; and (b) for each circumstance—the kind of notice, and period of notice, that the grantor must give the occupant— (i) before entering the premises; or (ii) if it is not practicable to give prior notice, after entering the Examples—not practicable to give prior notice 1 the grantor has reasonable concerns about an imminent risk to the welfare of the occupant or another person 2 the grantor has reasonable concerns about an imminent risk of property damage and the occupant cannot be contacted (2) For subsection (1) (b), the kind of notice, and period of notice, must be reasonable and proportionate to the outcome sought by the grantor entering the premises. 1 The owner of a boarding house states in the occupancy agreement that the occupant’s room will be cleaned every Monday morning. 2 The operator of a residential park states in the occupancy agreement for a manufactured home provided by the operator that the operator will give 7 days’ notice for routine maintenance. 3 A student accommodation provider states in an occupancy agreement that if the student welfare officer has reasonable concerns about the welfare of an occupant, the officer may give notice by knocking 3 times on the occupant’s door and, if there is no answer, may enter the room to check on the occupant’s welfare. If the occupant is not in the room, the agreement states the officer will leave a written note telling the occupant when and why the officer entered the room and the officer’s contact details. (3) A grantor may enter the premises if— (a) the occupancy agreement allows the grantor to do so; and (b) unless it is not practicable to do so—the grantor has given notice in accordance with the agreement. 71EK Termination of occupancy agreement (1) The grantor must ensure an occupancy agreement states— (a) under what circumstances the occupancy agreement may be terminated; and (b) a reasonable period of notice that must be given by a party before the agreement is terminated. (2) For subsection (1) (a), the occupancy agreement may only allow a party to terminate the agreement under circumstances that are reasonable having regard to the nature of the occupancy. Examples—nature of occupancy 1 whether the occupancies of the premises are usually long-term or short-term 2 whether the agreement is for a fixed term or is periodic 3 whether the accommodation is provided by a commercial provider or is in someone’s residence 4 whether the accommodation is provided for a particular group of people such as students studying at a university (3) A party may only terminate an occupancy agreement if— (a) all parties to the agreement agree; or (b) the agreement allows the party to do so and the party has given notice in accordance with the agreement; or (c) the other party has— (i) breached an occupancy principle or the occupancy (ii) the breach justifies the termination of the agreement. Note An occupant may also terminate the agreement if the grantor gives notice of a change to the occupancy rules, fees, charges or penalties (see s 71EG (3)). (4) However, if an occupancy agreement may be terminated under a university requirement— (a) subsection (2) does not apply; and (b) for subsection (3)—the parties may also terminate the agreement as permitted or required under the university requirement. (5) A grantor must not terminate an occupancy agreement, or evict an occupant, only because the occupant— (a) applied to the ACAT for an order in relation to an occupancy (b) complained to a government entity in relation to an occupancy (c) took reasonable action to secure and enforce an occupancy university requirement—see section 71EA (5). 71EL Warrant for eviction—vacant possession order (1) On application by a grantor, the registrar must issue a warrant for the eviction of an occupant from premises if— (a) the ACAT has ordered the occupant under section 83 (1) (j) to vacate the premises; and (b) the occupant fails to vacate the premises in accordance with the (2) A warrant under this section must comply with section 40 (Content of warrant). 71EM Occupancy agreement—abandonment of premises (a) the occupant under an occupancy agreement for premises has not paid the occupancy fee under the agreement for at least 3 consecutive periods; and (b) the grantor has taken all reasonable steps to contact the occupier of the premises; and (c) the grantor reasonably believes that the occupier has abandoned (2) The grantor may, without the occupier’s consent, and without notice, enter the premises during the occupancy agreement to confirm whether the premises have been abandoned. (3) However, the grantor must not enter the premises under subsection (2)— (a) on a Sunday; or (b) on a public holiday; or (c) before 8 am or after 6 pm. Note 1 A grantor may seek an order that premises are abandoned under s 83 (1) (k). Note 2 A grantor may dispose of any abandoned goods found on the premises under the Uncollected Goods Act 1996.