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Residential Tenancies Act 1997
74BThe tenant is responsible for any repairs or additional
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74B The tenant is responsible for any repairs or additional
maintenance to the premises required as a consequence of
keeping an animal on the premises.
Lessor’s access to premises
Lessor cannot enter premises except as provided in tenancy
75 (1) The lessor must not require access to the premises during the
tenancy except as provided by the law, this tenancy agreement,
the Residential Tenancies Act, or an order of the tribunal.
(2) The tenant may permit access to the premises by the lessor at any
time.
(3) If requested, the lessor or the lessor’s agent must provide
identification to the tenant.
76 The lessor must not have access to the premises—
(a) on Sundays; or
(b) on public holidays; or
(c) before 8 am and after 6 pm;
other than—
(d) for the purpose of carrying out urgent repairs or for health
or safety reasons in relation to the premises; or
(e) with the consent of the tenant.
Access in accordance with tenancy agreement
Routine inspections
77 The lessor may inspect the premises twice in each period of
12 months following the commencement of the tenancy.
78 In addition to the inspections provided for in the previous clause,
the lessor may make an inspection of the premises—
(a) within 1 month of the commencement of the tenancy; and
(b) in the last month of the tenancy.
79 (1) The lessor must give the tenant 1 week written notice of an
inspection.
(2) The inspection must take place at a time agreed between the
parties with reasonable regard to the work and other
commitments both of the tenant and of the lessor (or their
agents).
(3) If the parties are unable to agree on an appropriate time, the
lessor or the tenant may apply to the tribunal for an order
permitting access at a specified time.
Access for purchasers and new tenants
80 The tenant must permit reasonable access to the premises during
the period of 3 weeks before the end of the tenancy, on the lessor
giving 24 hours notice, to allow inspection of the premises by
prospective tenants.
81 The tenant must permit reasonable access to the premises, on the
lessor giving 48 hours notice, to allow inspection of the premises
by prospective purchasers of the premises, but only if—
(a) the lessor intends to sell the premises; and
(b) the lessor has previously notified the tenant in writing of
the lessor’s intention to sell.
81A (1) The tenant must not unreasonably refuse an inspection of the
premises by a prospective purchaser.
(2) However, a tenant is not required to agree to more than 2
inspections a week.
(3) The inspection must take place at a time agreed between the
parties with reasonable regard to the work and other
commitments both of the tenant and of the lessor (or their
agents).
(4) If the parties are unable to agree on an appropriate time, the
lessor or the tenant may apply to the tribunal for an order
permitting access at a stated time.
Access for making or inspecting repairs or complying with
minimum housing standards
82 (1) On giving the tenant 1 week’s notice (or such other agreed
period), the lessor may enter the premises at a reasonable time,
taking into account the interests of the tenant and the lessor, for
the purpose of—
(a) making or inspecting repairs; or
(b) inspecting the premises to ensure the premises comply with
the minimum housing standards; or
(c) undertaking work, or inspecting work undertaken, to
ensure the premises comply with the minimum housing
standards.
(1A) However, the lessor must only enter premises for the purpose of
an inspection, making repairs or undertaking work (the activity)
if, taking into account the nature of the activity, it is reasonable
and necessary to do so.
(2) For urgent repairs, the lessor must give reasonable notice and
enter the premises at a reasonable time having regard to the
interests of the tenant and the lessor.
Notice to vacate by lessor
83 A notice to vacate must be in writing, in the form required by the
Residential Tenancies Act, and must include the following
information:
(a) the address of the premises;
(b) the ground(s) on which the notice is issued, together with
sufficient particulars to identify the circumstances giving
rise to the ground(s);
(c) that the lessor requires the tenant to vacate the premises by
the expiry of the required notice period and that the tenancy
ends on the day that the tenant vacates the premises.
Notice of intention to vacate by tenant
84 (1) If the tenant serves a notice of intention to vacate and vacates the
premises on or before the date stated in the notice, the tenancy
terminates on the date stated in the notice.
(2) On receiving a notice of intention to vacate, the lessor may—
(a) accept the notice and accept that the tenancy ends on the
date stated in the notice; or
(b) apply to the tribunal for confirmation of the tenancy
agreement, an order for compensation or both.
85 (1) The notice of intention to vacate must be in writing, in the form
required by the Residential Tenancies Act, and must include the
(a) the address of the premises;
(b) the ground(s) on which the notice is issued, together with
sufficient particulars to identify the circumstances giving
rise to the ground(s);
(c) the date the tenant intends to terminate the tenancy.
(2) If the tenant vacates the premises on or before the date stated in
the notice, the tenancy terminates on the date stated in the notice.
(3) However, if the tenant does not vacate the premises on or before
the date stated in the notice—
(b) the tenancy continues.
Termination where premises are not fit for habitation
86 (1) The lessor or the tenant may, by written notice, terminate the
tenancy on a date specified in the notice on the following
grounds:
(a) the premises are not fit for habitation;
(b) the premises are not available or will not be available
because of Government action within a period of 4 weeks
of the date that notice is given.
(2) However, a lessor or tenant must not terminate the tenancy under
subclause (1) only because the lessor has failed to comply with
the minimum housing standards applying to the premises.
Note A tenant may apply to the tribunal to terminate the tenancy if the
lessor fails to comply with the minimum housing standards (see
Residential Tenancies Act, s 46AA).
87 (1) In either case the lessor must give not less than 1 week’s notice
of termination of the tenancy, and the rent abates from the date
that the premises are uninhabitable.
(2) The tenant may give 2 days notice of termination of the tenancy.
(3) If neither the lessor nor the tenant give notice of termination of
the tenancy, the rent abates for the period that the premises are
unable to be used for habitation, but the tenancy resumes when
they are able to be used again.
Termination of tenancy by tenant
Termination on or after end of fixed term
88 (1) The tenant may give notice to terminate a periodic tenancy by
giving the lessor not less than 3 weeks notice of the date when
the tenant intends to vacate the premises.
(2) The tenancy ends on the date specified by the tenant.
89 (1) The tenant may give notice to terminate a fixed term tenancy at
or after the end of the tenancy by giving 3 weeks notice of the
date when the tenant intends to vacate the premises.
(2) The tenancy ends on the date specified by the tenant.
Termination before end of fixed term—fee for breaking lease
89A (1) If a tenant ends a fixed term agreement before the end of the
fixed term (other than for a reason provided for by the
Residential Tenancies Act or the agreement), the lessor may
require the tenant to pay a fee (a break fee) of the following
amount:
(a) if the fixed term is 3 years or less—
(i) if less than half of the fixed term has expired—
6 weeks rent; or
(ii) in any other case—4 weeks rent;
(b) if the fixed term is more than 3 years—the amount agreed
between the lessor and tenant.
(2) If the lessor requires the tenant to pay the break fee, the lessor
agrees to take reasonable steps to find a new tenant for the
(3) The lessor agrees that the compensation payable by the tenant
for ending a fixed term agreement before the end of the fixed
term—
(a) is limited to the amount of the break fee specified in
subclause (1); and
(b) is not payable until the defined period after the tenant
vacates the premises has ended.
(4) However, the lessor and tenant agree that if, within the defined
period after the tenant vacates the premises, the lessor enters into
a residential tenancy agreement with a new tenant, the amount
payable by the tenant is limited to—
(a) the amount of the break fee under subclause (1) less the
amount of rent payable by the new tenant for the defined
period; and
(b) if the tenant vacates the premises more than 4 weeks before
the end of the fixed term—the lessor’s reasonable costs
(not exceeding the defined cost limit) of advertising the
premises for lease and of giving a right to occupy the
premises to another person.
(5) This clause does not apply to a residential tenancy agreement
ended by the tenant under—
(a) any of the following provisions of the Residential
Tenancies Act:
(i) section 46A (Termination of agreement for aged care
or social housing needs);
(ii) section 46B (Termination of fixed term agreement if
premises for sale);
(iii) section 46D (Termination for family violence);
(iv) section 46G (Co-tenancies—effect of serving family
violence termination notice);
(v) section 64AA (Termination—affected residential
premises);
(vi) section 64AB (Termination—eligible impacted
property); or
(b) a posting termination clause (if the agreement contains the
posting termination clauses).
(6) In this clause:
defined cost limit means—
(a) if at least half of the fixed term has expired—an amount
equal to 2/3 of 1 week’s rent; or
(b) if less than half of the fixed term has expired—an amount
equal to 1 week’s rent.
defined period means—
(a) if subclause (1) (a) (i) applies—6 weeks; or
(b) if subclause (1) (a) (ii) applies—4 weeks; or
(c) if subclause (1) (b) applies—N weeks.
N is the number worked out as follows:
break fee
weekly rent payable at the time the tenant ends the agreement
posting termination clause means a clause in schedule 2,
section 2.1.
Termination for breach by lessor
90 If the lessor breaches the tenancy agreement, and the tenant
wishes to terminate the tenancy agreement, the tenant may
either—
(a) apply to the tribunal for an order terminating the tenancy;
or
(b) give the lessor written notice of intention to terminate the
tenancy, in accordance with clause 91.
91 If the tenant decides to proceed by way of notice to the lessor,
the following procedures apply:
(a) the tenant must give the lessor a written notice that the
lessor has 2 weeks to remedy the breach if the breach is
capable of remedy;
(b) if the lessor remedies the breach within that 14-day
period—the tenancy continues;
(c) if the lessor does not remedy the breach within the time
specified in the notice, or if the breach is not capable of
remedy—the tenant must give 2 weeks notice of intention
to vacate;
(d) the tenancy agreement terminates on the date specified by
the tenant;
(e) rent is payable to the date specified in the notice or to the
date that the tenant vacates the premises, whichever is the
later;
(f) if the lessor remedies the breach during the period of the
notice of intention to vacate—the tenant, at the tenant’s
option, may withdraw the notice or may terminate the
tenancy agreement on the date specified in the notice by
vacating the premises on that date.
Termination of tenancy by lessor
Termination for failure to pay rent
92 The tribunal may order the termination of the tenancy and
eviction of the tenant on the ground of nonpayment of rent in the
following circumstances:
(a) rent has been unpaid for 1 week. The first day of this period
concludes at midnight on the day when the unpaid rent was
due;
(b) the lessor has served a notice to remedy on the tenant for
the failure to pay the rent, being a notice—
(i) served not earlier than 1 week after the day when the
rent was due; and
(ii) containing a statement that if the tenant pays the rent
outstanding to the date of payment within 7 days of
the date of service of the notice to remedy, no further
action must be taken and the tenancy continues;
(c) if all rent is not paid within 1 week of the date of service of
the notice to remedy—the lessor may then serve a notice to
vacate on the tenant requiring the tenant to vacate the
premises within 2 weeks of service of the notice to vacate;
(d) no earlier than the date when the notice to vacate is served,
the lessor may apply to the tribunal for an order terminating
the tenancy and evicting the tenant;
(e) the tribunal hearing of the application to terminate and
evict must not be earlier than the end of the period specified
in the notice to vacate;
(f) during any tenancy in which the lessor has previously
issued 2 notices to remedy, the lessor may serve a notice to
vacate 1 week after the day when the rent has fallen due
without serving a notice to remedy.
Termination of tenancy for breach other than nonpayment of rent
93 The tribunal may order the termination of the tenancy and
eviction of the tenant on the ground of breach of the tenancy
agreement in the following circumstances:
(a) the lessor must serve a written notice requiring the tenant
within 2 weeks after the day of service to remedy the
breach if it is capable of remedy;
(b) if the breach is not remedied within 2 weeks after the day
of service or if the breach is not capable of remedy—the
lessor must give a notice to vacate the premises within
2 weeks after the date of service of the notice to vacate;
(c) if the tenant does not vacate the premises within the period
of 2 weeks after the date of service of a notice to vacate—
the lessor may apply to the tribunal for an order terminating
the tenancy and for the eviction of the tenant;
(d) if the tenant breaches the terms of the tenancy on
3 occasions on any ground—on the 3rd occasion the lessor
may serve a notice to vacate and need not give the tenant
2 weeks to remedy the breach.
Termination of periodic tenancy
96 (1) For a periodic tenancy, the lessor may give the tenant—
(a) if the lessor genuinely intends to live in the premises—
(b) if the lessor genuinely believes the lessor’s immediate
relative intends to live in the premises—8 weeks notice to
vacate; or
(c) if the lessor genuinely believes an interested person intends
to live in the premises—8 weeks notice to vacate; or
(d) if the lessor genuinely intends to sell the premises—
(e) if the lessor genuinely intends to reconstruct, renovate or
make major repairs to the premises and the reconstruction,
renovation or repairs cannot reasonably be carried out with
the tenant living in the premises—12 weeks notice to
vacate; or
(f) if the lessor genuinely requires the premises for a lawful
use other than as a home—26 weeks notice to vacate.
(2) A notice to vacate given under this clause must be accompanied
by written evidence supporting the lessor’s reason for the notice.
Examples—written evidence
statutory declaration, development application, quotes from a tradesperson
for renovations, notice of decision from the housing commissioner
(3) In this clause:
immediate relative, of the lessor, means a son, daughter,
son-in-law, daughter-in-law, mother, father, mother-in-law,
father-in-law, brother, sister, brother-in-law or sister-in-law.
interested person, for a lessor, means a person who is not an
immediate relative of the lessor but who has a close family or
personal relationship with the lessor and who has a reasonable
expectation arising from that relationship that the lessor would
provide accommodation for the person.
97 (1) If the lessor gives a tenant a notice to vacate under clause 96, the
tenant may vacate the premises at any time before the date stated
in the lessor’s notice to vacate provided the tenant gives the
lessor—
or
(2) In this case, the tenancy terminates on the date that the tenant
Notices of address for service
98 (1) At the commencement of the tenancy, the lessor and the tenant
must each give—
(a) an address for service of termination notices; and
(b) an address for service of other notices.
(2) If a person’s address for service changes during the tenancy, the
person must tell the other party about the new address within
2 weeks of the change.
99 On vacating the premises, the tenant must advise the lessor of a
forwarding address.
100 If 2 or more people share a tenancy, except where this agreement
otherwise provides, they do so as co-tenants.
Section 2.1
Schedule 2 Additional terms for certain
residential tenancy agreements
(see s 8)
2.1 Posting termination clauses
Termination if lessor or lessor’s domestic partner posted to ACT
102 (1) If the lessor, or the lessor’s domestic partner, is posted to the
ACT in the course of their employment, the lessor may terminate
the residential tenancy agreement by giving the tenant at least 8
weeks notice to vacate the premises.
(2) A notice to vacate given under this clause must be accompanied
by written evidence of the posting.
Example—evidence of posting
letter from employer confirming details of posting
(3) If the lessor gives the tenant a notice to vacate under this clause,
or
(4) The residential tenancy agreement terminates on the day the
Note The break lease fee clause does not apply if a fixed term agreement is
terminated by the tenant vacating the premises (see cl 89A).
Section 2.2
Termination if tenant or tenant’s domestic partner posted away
from ACT
102A (1) If the tenant, or the tenant’s domestic partner, is posted away
from the ACT in the course of their employment, the tenant may
terminate the residential tenancy agreement by giving the lessor
at least 8 weeks notice of intention to vacate the premises.
(2) A notice of intention to vacate given under this clause must be
accompanied by written evidence of the posting.
Example—evidence of posting
letter from employer confirming details of posting
(3) The residential tenancy agreement terminates—
(a) 8 weeks after the day the notice of intention to vacate is
received by the lessor; or
(b) if a later date is stated in the notice—on the stated date.
(4) However, if the tenant does not vacate the premises on or before
the date stated in the notice—
Note The break lease fee clause does not apply if a fixed term agreement is
terminated under this section (see cl 89A).
2.2 Community housing provider termination clause
Termination by community housing provider if premises required
by owner
103 (1) For a periodic tenancy, the lessor may give the tenant—
(a) if the owner of the premises genuinely intends to sell the
premises—at least 8 weeks notice to vacate; or
Section 2.2
(b) if the owner of the premises genuinely intends to live in the
premises—at least 8 weeks notice to vacate; or
(c) if the owner of the premises genuinely believes the owner’s
immediate relative intends to live in the premises—at least
(d) if the owner of the premises genuinely believes an
interested person intends to live in the premises—at least
(e) if the owner of the premises genuinely intends to
reconstruct, renovate or make major repairs to the premises
and the reconstruction, renovation or repairs cannot
reasonably be carried out with the tenant living in the
premises—at least 12 weeks notice to vacate the premises;
or
(f) if the owner of the premises is not the housing
commissioner and the owner genuinely intends to stop
using the premises for community housing—at least
26 weeks notice to vacate the premises.
(2) For a fixed term or periodic tenancy, the lessor may give the
tenant at least 26 weeks notice to vacate the premises if the
housing commissioner—
(a) is the owner of the premises; and
(b) withdraws the premises in accordance with an approved
(3) A notice to vacate given under this clause must be accompanied
by written evidence supporting the owner’s genuine intention or
belief for requiring the lessor to give the notice.
Examples—written evidence
statutory declaration, development application, quotes from a tradesperson
for renovations, notice of decision from the housing commissioner
(4) If the lessor gives the tenant a notice to vacate under this clause,
or
(5) The residential tenancy agreement terminates on the day the
(6) In this clause:
immediate relative, of the owner, means a son, daughter,
son-in-law, daughter-in-law, mother, father, mother-in-law,
father-in-law, brother, sister, brother-in-law or sister-in-law.
interested person, for an owner, means a person who is not an
immediate relative of the owner but who has a close family or
personal relationship with the owner and who has a reasonable
expectation arising from that relationship that the owner would
provide accommodation for the person.
2.3 Public housing termination clauses
Termination if housing assistance cancelled or withdrawn
104 (1) This clause applies if—
(a) the tenant receives housing assistance under an approved
housing assistance program in relation to the tenancy
(other than a rebate of rent); and
(b) the housing commissioner decides—
(i) after reviewing the tenant’s eligibility to receive the
housing assistance, that the tenant is no longer eligible
to receive the housing assistance under the program;
or
(ii) after the tenant fails to comply with a request for
information made by the housing commissioner in
accordance with the Housing Assistance Act 2007,
section 25 (2) (a), to cancel the tenant’s housing
assistance under that Act, section 25 (3); and
housing commissioner’s decision.
(2) The lessor may give the tenant at least 26 weeks notice to vacate
(3) If the notice to vacate is given because of subclause (1) (b) (ii)
and 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, the notice 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 (2); and
(b) the housing commissioner decides, after reviewing the
tenant’s eligibility to receive the housing assistance, that
the tenant is no longer eligible to receive the housing
assistance under the program; and
housing commissioner’s decision.
(5) Despite subclause (1) (b) (i), the lessor may give the tenant
notice to vacate the premises provided that the notice is for the
later of—
subclause (2); and
(b) 12 weeks after notice is given under this subclause.
On 1 July, Ziggy’s lessor gives Ziggy a notice to vacate because Ziggy did
not provide the lessor with information about Ziggy’s eligibility for housing
assistance within the required period. The notice to vacate gives Ziggy the
required 26 weeks notice, meaning Ziggy must vacate the premises by 30
December. On 1 August, Ziggy 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 housing commissioner decides that Ziggy is
no longer eligible to receive the housing assistance. Ziggy does not seek the
tribunal’s review of the commissioner’s decision. The lessor may give Ziggy
a second notice to vacate, but the second notice must not have a notice period
that ends before 30 December.
(6) For this clause, a tenant is no longer able to ask for a review of
the housing commissioner’s decision if—
(a) the period in which the tenant may make an application for
review of the decision has ended and the tenant has not
made an application; or
(b) if the tenant applies for review of the decision—the
commissioner’s decision is confirmed.
(7) If the lessor gives a tenant a notice to vacate under this clause,
or
Termination if tenant refuses transfer to alternate rental premises
105 (1) This clause applies if—
(a) the housing commissioner gives the tenant written notice
in accordance with an approved housing assistance
program requiring the tenant to move to alternate rental
(b) the tenant has rejected, or failed to accept, an offer from
the housing commissioner to enter into a tenancy
agreement for the alternate rental premises; and
housing commissioner’s decision to require the tenant to
move to the alternate rental premises.
(2) The lessor may give the tenant at least 26 weeks notice to vacate
(3) To remove any doubt, this clause also applies if the housing
commissioner requires the tenant to move to alternate rental
premises when the tenant begins receiving ongoing housing
assistance after the tenant’s temporary housing assistance ends.
(4) For this clause, a tenant is no longer able to ask for a review of
a decision to require the tenant to move to alternate rental
premises if—
(a) the period under the approved housing assistance program
in which the tenant may make an application for review of
the decision has ended and the tenant has not made an
application; or
(b) if the tenant applies for review under the approved housing
assistance program of the decision—the commissioner’s
decision is confirmed.
(5) If the lessor gives a tenant a notice to vacate under this clause,
or
(6) The residential tenancy agreement terminates on the day the
Termination if tenant is party to 2 tenancies
106 (1) This clause applies if—
(a) the tenant agrees to move to alternate rental premises; and
(b) the tenancy for the alternate premises has commenced in
accordance with the tenancy agreement.
(2) The lessor may give the tenant at least 1 week’s notice to vacate
the first premises.
(3) The residential tenancy agreement terminates on the day the
2.4 Temporary housing assistance termination
clause
Termination if tenant does not apply for ongoing housing
assistance
106A (1) This clause applies if—
(a) the housing commissioner provides temporary housing
assistance to the tenant under an approved housing
assistance program because the tenant is a remaining
occupant in the premises after a former tenant has stopped
living in the premises because they—
(i) have died; or
(ii) are physically unable to live in the premises; or
(iii) are legally unable to live in the premises; or
(iv) no longer wish to live in the premises; and
(b) the tenant does not apply for ongoing housing assistance
under an approved housing assistance program within
6 weeks after the start of the temporary housing assistance.
(2) The housing commissioner may give the tenant at least 26 weeks
notice to vacate the premises.
(3) A notice to vacate given under subclause (2) must include the
(a) a statement that the tenant did not apply for ongoing
housing assistance under an approved housing assistance
program;
(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
applies for ongoing housing assistance before the end of
the period stated in the notice.
(4) If the tenant applies for ongoing housing assistance under an
approved housing assistance program before the end of the
period in the notice given under subclause (2), the notice is taken
to have been withdrawn.
(5) Subclause (6) applies if—
(a) the tenant applies for ongoing housing assistance under an
approved housing assistance program before the end of the
period in the notice given under subclause (2); and
(b) the housing commissioner decides that the tenant is not
eligible for ongoing housing assistance under an approved
(6) Despite clause 107, the housing commissioner may give the
tenant notice to vacate the premises provided that the notice is
for the later of—
subclause (2); and
(b) 12 weeks after notice is given under this clause.
(7) If the housing commissioner gives a tenant a notice to vacate
under this clause, the tenant may vacate the premises at any time
before the date stated in the housing commissioner’s notice to
vacate provided the tenant gives the housing commissioner—
or
(b) in the last 2 weeks before the date stated in the housing
commissioner’s notice to vacate—at least 4 days notice of
the tenant’s intention to vacate.
Termination if housing commissioner decides tenant not eligible
for ongoing housing assistance
107 (1) This clause applies if—
(a) the housing commissioner provides temporary housing
assistance to the tenant under an approved housing
assistance program because the tenant is a remaining
occupant in the premises after a former tenant has stopped
living in the premises because they—
(i) have died; or
(ii) are physically unable to live in the premises; or
(iii) are legally unable to live in the premises; or
(iv) no longer wish to live in the premises; and
(b) the housing commissioner decides that the tenant is not
eligible for ongoing housing assistance under an approved
(2) The housing commissioner may give the tenant—
(a) if the housing commissioner makes the decision before the
tenant’s temporary housing assistance ends—at least
26 weeks notice to vacate the premises; or
(b) if the housing commissioner makes the decision after the
tenant’s temporary housing assistance ends—at least
12 weeks notice to vacate the premises.
(3) If the housing commissioner gives the tenant a notice to vacate
under this clause, the tenant may vacate the premises at any time
before the date stated in the housing commissioner’s notice to
vacate provided the tenant gives the housing commissioner—
or
(b) in the last 2 weeks before the date stated in the housing
commissioner’s notice to vacate—at least 4 days notice of
the tenant’s intention to vacate.
(4) The residential tenancy agreement terminates on the day the
2.5 Subsidised accommodation clauses
What are subsidised accommodation eligibility requirements?