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Residential Tenancies and Rooming Accommodation Act 2008
sec.543Existing agreements continue under this Act
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### sec.543 Existing agreements continue under this Act
This section applies to an existing agreement if the existing agreement continues after the commencement.
The existing agreement is taken to continue under this Act and the provisions of this Act apply to the agreement—
for a residential tenancy agreement under the Residential Tenancies Act 1994 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act; or
for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a rooming accommodation agreement under this Act—as a rooming accommodation agreement under this Act; or
for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act.
An existing agreement is taken to include the standard terms prescribed after commencement and the duties and obligations imposed, or entitlements given, under this Act.
Despite subsection (2), parties to the existing agreement do not have to enter into a new written agreement under this Act for the existing agreement.
Also despite subsection (2), the provisions of this Act do not apply to a process started by notice, application or request under a repealed Act.
Section 550 states that a process started by a person by giving a notice or making an application or request under a repealed Act before the commencement must be completed or continued under the repealed Act.
(sec.543-ssec.1) This section applies to an existing agreement if the existing agreement continues after the commencement.
(sec.543-ssec.2) The existing agreement is taken to continue under this Act and the provisions of this Act apply to the agreement— for a residential tenancy agreement under the Residential Tenancies Act 1994 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act; or for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a rooming accommodation agreement under this Act—as a rooming accommodation agreement under this Act; or for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act. An existing agreement is taken to include the standard terms prescribed after commencement and the duties and obligations imposed, or entitlements given, under this Act.
(sec.543-ssec.3) Despite subsection (2), parties to the existing agreement do not have to enter into a new written agreement under this Act for the existing agreement.
(sec.543-ssec.4) Also despite subsection (2), the provisions of this Act do not apply to a process started by notice, application or request under a repealed Act. Section 550 states that a process started by a person by giving a notice or making an application or request under a repealed Act before the commencement must be completed or continued under the repealed Act.
- (a) for a residential tenancy agreement under the Residential Tenancies Act 1994 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act; or
- (b) for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a rooming accommodation agreement under this Act—as a rooming accommodation agreement under this Act; or
- (c) for a residential service agreement under the Residential Services (Accommodation) Act 2002 that is a residential tenancy agreement under this Act—as a residential tenancy agreement under this Act.