87Offence of entering into new agreement within exclusion period

87 Offence of entering into new agreement within exclusion period

87 Offence of entering into new agreement within exclusion period

(1) A landlord or landlord’s agent must not contravene a provision of this subdivision specifying that the landlord must not enter into a residential tenancy agreement for residential premises for a specified period (a tenancy exclusion period).

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) otherwise—650 penalty units.

(2) The landlord for residential premises must notify the landlord’s agent about a tenancy exclusion period applying to the premises if the landlord knows, or should reasonably know, the agent may lease the premises in contravention of the exclusion period.

Maximum penalty—

(a) for an individual—100 penalty units, or

(b) otherwise—650 penalty units.

(3) The landlord is taken to have satisfied subsection (2) if the landlord notifies the landlord’s agent of—

(a) the date on which the residential tenancy agreement ended, and

(b) the ground for ending the residential tenancy agreement.

(4) A landlord’s agent does not commit an offence against this section if the agent did not know, and could not reasonably have found out, that the residential premises was subject to a tenancy exclusion period.

(5) A residential tenancy agreement for residential premises entered into during a tenancy exclusion period for the premises is not affected by the tenancy exclusion period.

s 87: Am 2015 No 34, Sch 1 [1]. Subst 2024 No 75, Sch 1[12].