16AResidential management agreement

16A Residential management agreement

[Section 16A of Part 3 Inserted by No. 33 of 2010, s. 7, Applied:03 Dec 2010]

(1)  A residential management agreement exists where the owner of residential premises agrees in writing with a person that the person will perform the functions of that owner under this Act.

(2)  Subject to subsection (4) , where a residential management agreement is in force –

(a) [Section 16A Subsection (2) amended by No. 45 of 2013, s. 10, Applied:01 Oct 2014] the residential manager is taken to be the owner of the premises for the purposes of this Act and is taken for the purposes of this Act to have the capacity to grant a right of occupancy of those premises to a person for value; and

(b) this Act does not apply to the owner of the premises in his or her capacity as owner.

(3)  Where a residential manager grants a right of occupancy of residential premises to a person, the person is a tenant for the purposes of this Act.

(4)  Where a residential manager dies, becomes insolvent or is unable to be located or, in the case of a company, is wound up, whilst a residential management agreement is in force, the residential manager is no longer taken to be the owner of the premises for the purposes of this Act.