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Residential Tenancies Act 1997
8Terms included in residential tenancy agreements
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8 Terms included in residential tenancy agreements
(1) A residential tenancy agreement for premises—
(a) is taken to contain the standard residential tenancy terms set out
in schedule 1—
(i) for a fixed term agreement—as in force on the day the
parties enter into the agreement; or
(ii) for a periodic agreement—as in force from time to time;
and
(b) is taken to contain the public housing termination clauses if the
lessor is the housing commissioner; and
(c) is taken to contain the temporary housing assistance termination
clauses if—
(i) the lessor is the housing commissioner; and
(ii) the tenant is receiving temporary housing assistance for the
(d) is taken to contain the community housing provider termination
clause if—
(i) the lessor is a registered community housing provider; and
(ii) the premises are owned by another person; and
(iii) the registered community housing provider leases the
premises to the tenant under an agreement with the owner;
and
(e) is taken to contain the subsidised accommodation clauses if—
(i) either—
(A) the lessor or an entity acting on the lessor’s behalf is
a registered community housing provider; or
(B) the lessor or the owner of the premises receives
government funding or assistance to provide the
premises to the tenant; and
(ii) paragraphs (b) or (c) (ii) do not apply; and
(f) is taken to contain the posting termination clauses if the lessor
and tenant agree to the clauses being included; and
(g) may contain any other term—
(i) that is consistent with the standard residential tenancy
terms; or
(ii) that is inconsistent with a standard residential tenancy term
if the term has been endorsed by the ACAT under
section 10.
Examples—par (e) (i) (B)
1 affordable housing provided or managed by a community housing provider
2 accommodation provided in accordance with the National Rental
Affordability Scheme
3 specialist disability accommodation
(2) Despite subsection (1) (a) (i), an amendment of this Act (other than
an amendment to the standard residential tenancy terms) that affects
the operation of the standard residential tenancy terms applies to a
fixed term agreement.
(3) To remove any doubt, subsection (1) (a) (ii) applies to a periodic
agreement that commences on the expiry of a fixed term agreement.
Terms of agreement Division 2.1
community housing provider termination clause means the clause in
schedule 2, section 2.2.
posting termination clauses means the clauses in schedule 2,
section 2.1.
public housing termination clauses means the clauses in schedule 2,
section 2.3.
subsidised accommodation clauses means the clauses in schedule 2,
section 2.5.
temporary housing assistance termination clauses means the
clauses in schedule 2, section 2.4.