10Residential tenancy agreement

10 Residential tenancy agreement

(1)  [Section 10 Subsection (1) amended by No. 6 of 2016, s. 58, Applied:13 May 2016] A residential tenancy agreement exists where a right of occupancy of residential premises is granted by the owner of the premises to a person for value –

(a) whether or not the right is a right of exclusive occupation; or

(b) whether the agreement is express or implied; or

(c) whether the agreement is oral or in writing, or partly oral and partly in writing; or

(d) [Section 10 Subsection (1) amended by No. 45 of 2013, s. 7, Applied:01 Oct 2014] whether or not the agreement is for a fixed period –

[Section 10 Subsection (1) amended by No. 45 of 2013, s. 7, Applied:01 Oct 2014] and includes a relevant social housing sub-lease.

(1A)  [Section 10 Subsection (1A) inserted by No. 6 of 2016, s. 58, Applied:13 May 2016] For the purposes of subsection (1) , a relevant social housing sub-lease is a sub-lease by a social housing provider that is a lessee in relation to the premises by virtue of –

(a) a memorandum of lease registered under the Land Titles Act 1980 ; or

(b) [Section 10 Subsection (1A) amended by No. 26 of 2022, s. 36, Applied:01 Dec 2022] a lease, by Homes Tasmania, of residential premises under the Homes Tasmania Act 2022 , for the purposes of enabling the social housing provider to provide residential accommodation to other persons.

(2)  A residential tenancy agreement is for a fixed period if it is for a period of at least 4 weeks.

(3)  The provisions of this Act form part of a residential tenancy agreement.