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Residential Tenancies and Rooming Accommodation Act 2008
sec.70Continuation of fixed term agreements
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### sec.70 Continuation of fixed term agreements
This section applies to a residential tenancy agreement if—
it creates a residential tenancy for a fixed term; and
none of the following notices is given, or agreements or applications made before the day the term ends (the end day )—
a notice to leave;
a notice of intention to leave;
an abandonment termination notice;
a notice, agreement or application relating to the death of a sole tenant under section 324A ;
a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277 (a) .
After the end day, the agreement continues to apply—
on the same terms on which it applied immediately before the end day (other than any term about the agreement’s term); and
on the basis the tenant is holding over under a periodic agreement.
This section does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term.
This section does not apply to a residential tenancy agreement if the tenancy is a short tenancy (moveable dwelling).
An agreement ends in the circumstances stated in section 277 .
s 70 amd 2021 No. 19 s 107 s ch 1 pt 1
(sec.70-ssec.1) This section applies to a residential tenancy agreement if— it creates a residential tenancy for a fixed term; and none of the following notices is given, or agreements or applications made before the day the term ends (the end day )— a notice to leave; a notice of intention to leave; an abandonment termination notice; a notice, agreement or application relating to the death of a sole tenant under section 324A ; a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277 (a) .
(sec.70-ssec.2) After the end day, the agreement continues to apply— on the same terms on which it applied immediately before the end day (other than any term about the agreement’s term); and on the basis the tenant is holding over under a periodic agreement.
(sec.70-ssec.3) This section does not stop the lessor and tenant under an agreement that creates a residential tenancy for a fixed term from entering into another agreement with each other for a tenancy of the premises starting at the end of the fixed term.
(sec.70-ssec.4) This section does not apply to a residential tenancy agreement if the tenancy is a short tenancy (moveable dwelling). An agreement ends in the circumstances stated in section 277 .
- (a) it creates a residential tenancy for a fixed term; and
- (b) none of the following notices is given, or agreements or applications made before the day the term ends (the end day )— (i) a notice to leave; (ii) a notice of intention to leave; (iii) an abandonment termination notice; (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ; (v) a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277 (a) .
- (i) a notice to leave;
- (ii) a notice of intention to leave;
- (iii) an abandonment termination notice;
- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;
- (v) a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277 (a) .
- (i) a notice to leave;
- (ii) a notice of intention to leave;
- (iii) an abandonment termination notice;
- (iv) a notice, agreement or application relating to the death of a sole tenant under section 324A ;
- (v) a separate written agreement between the lessor and tenant to end the residential tenancy agreement under section 277 (a) .
- (a) on the same terms on which it applied immediately before the end day (other than any term about the agreement’s term); and
- (b) on the basis the tenant is holding over under a periodic agreement.