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Residential Tenancies Act 1999
139Process for termination
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139 Process for termination
(1) The CEO (Housing) must not terminate a tenancy agreement under
this Division unless:
(a) the CEO (Housing) has taken reasonable steps to consult with
the tenant or the occupier of the premises in accordance with
subsection (2); and
(b) the CEO (Housing) has given the tenant or the occupier of the
premises a notice of intention to terminate with the additional
information specified in subsection (3); and
(c) the CEO (Housing) has undertaken to enter into a new
tenancy agreement with the tenant or the occupier of the
premises, in accordance with subsection (4), for either return
to the renovated premises or occupation of new premises; and
(d) transitional accommodation acceptable to the tenant or the
occupier of the premises is available for occupation in
accordance with section 140; and
Residential Tenancies Act 1999 92
(e) the CEO (Housing) and the tenant or the occupier of the
premises have agreed to a date for vacant possession of the
(2) Before giving the notice of intention to terminate, the CEO
(Housing) must take reasonable steps to consult with the tenant or
the occupier of the premises about the following:
(a) the renovation, replacement or demolition of the premises;
(b) the process for termination under this Division;
tenancy agreement with the tenant or occupier of the
premises;
(d) the transitional accommodation being offered to the tenant or
occupier of the premises;
(e) the rights of the tenant or occupier of the premises during this
process;
(f) any questions the tenant or occupier of the premises may
have about the matters in paragraphs (a) to (e).
(3) The notice of intention to terminate must also include the following
information:
(a) a summary of the renovation, replacement or demolition work
to be done to the premises;
(b) a summary of the process to terminate the tenancy;
tenancy agreement with the tenant or occupier of the premises
and the terms of the new tenancy agreement;
(d) a clear explanation of the rights of the tenant or occupier of
the premises to transitional accommodation;
(e) a clear explanation of the right of the tenant or occupier of the
premises to remain in possession of the premises under
section 141;
(f) the expected date when the tenant or occupier of the premises
can move into the transitional accommodation;
(g) a clear explanation that the CEO (Housing) will pay for the
reasonable moving costs;
Residential Tenancies Act 1999 93
(h) a clear explanation of the effect of section 142 regarding the
security deposit.
(4) The CEO (Housing) must give the tenant or occupier of the
premises a written undertaking to enter into a new tenancy
agreement that explains the terms of the new tenancy agreement.
(5) The CEO (Housing) must pay the reasonable expenses of the
tenant or occupier of the premises to move to the transitional
accommodation and to the renovated premises or new premises.