sec.139Limitation affecting early payment

### 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 .