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Residential Tenancies and Rooming Accommodation Act 2008
sec.139Limitation affecting early payment
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### sec.139 Limitation affecting early payment
The authority must not pay a rental bond for a residential tenancy agreement if it knows—
the lessor or tenant has given a notice to leave, or notice of intention to leave, the premises and the handover day for the notice has not arrived; or
the lessor has given an abandonment termination notice to the tenant and the agreement has not ended.
Also, the authority must not pay a rental bond for a rooming accommodation agreement if it knows—
the provider or resident has given a notice terminating the rooming accommodation agreement on a stated day and the stated day has not arrived; or
the provider has given the resident a notice requiring the resident to leave the rental premises by a stated day and the stated day has not arrived.
However, subsections (1) and (2) do not prevent the authority making a payment it may make without giving notice to—
the lessor or tenant; or
the provider or resident.
See sections 127 (2) , 128 (2) , 129 (2) , 131 , 132 (2) , (3) or (4) , 133 (2) , 134 (2) , 135B (2) , 135C (2) or 135D (2) for payments to which subsection (3) applies.
Subsection (5) applies if the application for payment of the rental bond was made by a tenant or resident who, after experiencing domestic violence—
ended a residential tenancy agreement or an interest in an agreement under chapter 5 , part 1 , division 3 , subdivision 2A ; or
ended a rooming accommodation agreement or an interest in an agreement under chapter 5 , part 2 , division 3 , subdivision 2A .
The authority must not pay a rental bond for a residential tenancy agreement or rooming accommodation agreement if the authority knows the applicant has not vacated the premises.
s 139 amd 2021 No. 19 s 10
(sec.139-ssec.1) The authority must not pay a rental bond for a residential tenancy agreement if it knows— the lessor or tenant has given a notice to leave, or notice of intention to leave, the premises and the handover day for the notice has not arrived; or the lessor has given an abandonment termination notice to the tenant and the agreement has not ended.
(sec.139-ssec.2) Also, the authority must not pay a rental bond for a rooming accommodation agreement if it knows— the provider or resident has given a notice terminating the rooming accommodation agreement on a stated day and the stated day has not arrived; or the provider has given the resident a notice requiring the resident to leave the rental premises by a stated day and the stated day has not arrived.
(sec.139-ssec.3) However, subsections (1) and (2) do not prevent the authority making a payment it may make without giving notice to— the lessor or tenant; or the provider or resident. See sections 127 (2) , 128 (2) , 129 (2) , 131 , 132 (2) , (3) or (4) , 133 (2) , 134 (2) , 135B (2) , 135C (2) or 135D (2) for payments to which subsection (3) applies.
(sec.139-ssec.4) Subsection (5) applies if the application for payment of the rental bond was made by a tenant or resident who, after experiencing domestic violence— ended a residential tenancy agreement or an interest in an agreement under chapter 5 , part 1 , division 3 , subdivision 2A ; or ended a rooming accommodation agreement or an interest in an agreement under chapter 5 , part 2 , division 3 , subdivision 2A .
(sec.139-ssec.5) The authority must not pay a rental bond for a residential tenancy agreement or rooming accommodation agreement if the authority knows the applicant has not vacated the premises.
- (a) the lessor or tenant has given a notice to leave, or notice of intention to leave, the premises and the handover day for the notice has not arrived; or
- (b) the lessor has given an abandonment termination notice to the tenant and the agreement has not ended.
- (a) the provider or resident has given a notice terminating the rooming accommodation agreement on a stated day and the stated day has not arrived; or
- (b) the provider has given the resident a notice requiring the resident to leave the rental premises by a stated day and the stated day has not arrived.
- (a) the lessor or tenant; or
- (b) the provider or resident.
- (a) ended a residential tenancy agreement or an interest in an agreement under chapter 5 , part 1 , division 3 , subdivision 2A ; or
- (b) ended a rooming accommodation agreement or an interest in an agreement under chapter 5 , part 2 , division 3 , subdivision 2A .