36AHead leases involving councils and social housing providers—s 12 of Act

36A Head leases involving councils and social housing providers—s 12 of Act

36A Head leases involving councils and social housing providers—s 12 of Act

(1) A residential tenancy agreement is exempt from the operation of the Act if—

(a) under the agreement, the landlord is a council who lets the premises to a tenant who is a social housing provider, and

(b) the premises are let to the social housing provider for the purposes of the social housing provider sub-letting the premises under a social housing tenancy agreement, and

(c) the agreement is in writing and states that this clause applies to the agreement.

(2) If the tenant ceases to be a social housing provider during the currency of the term of the residential tenancy agreement, the exemption under this clause does not cease to have effect until 6 months after the date the tenant ceases to be a social housing provider.

cl 36A: Ins 2020 (717), Sch 1[2].