74BThe tenant is responsible for any repairs or additional

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?