Australian Capital Territory Current Acts

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Occupancy principles

    (1)     The following principles (the occupancy principles ) apply to an occupancy agreement in relation to premises:

        (a)     a grantor must provide premises that are—

              (i)     reasonably clean; and

              (ii)     in a reasonable state of repair; and

              (iii)     reasonably secure;

        (b)     a grantor must ensure that the occupancy agreement is in writing if—

              (i)     the agreement is for a fixed term of more than 6 weeks; or

              (ii)     if subparagraph (i) does not apply to the agreement—the total time the occupant occupies the premises under the agreement is more than 6 weeks;

        (c)     a grantor may require an occupant to pay a security deposit only in accordance with section 71EC;

Note     A security deposit payable under an occupancy agreement must be treated as if it were a rental bond lodged with the Territory (see s 71ED).

        (d)     a grantor must give an occupant a written receipt for payments made under the occupancy agreement in accordance with section 71EF;

        (e)     a grantor may only impose an occupancy rule, fee, charge or penalty on an occupant if the requirements in section 71EG are met;

        (f)     an occupancy rule must be reasonable and proportionate to the outcome sought by the imposition of the rule;

        (g)     any penalty or consequence (other than termination of the agreement) for breaching an occupancy rule—

              (i)     must be reasonable and proportionate to the seriousness of the breach of the rule; and

              (ii)     must not impose unreasonable hardship on the occupant;

        (h)     a grantor must provide the occupant with quiet enjoyment of the premises including access to the premises as set out in section 71EH;

              (i)     a grantor must give the occupant the information mentioned in section 71EI about the dispute resolution processes that apply to the occupancy agreement;

        (j)     a grantor may enter the premises only in accordance with section 71EJ or section 71EM;

        (k)     an occupant must not behave in a way that detracts from the rights of others (including another occupant) to live and work in the premises in a safe environment, free from harassment or intimidation;

        (l)     a party to the occupancy agreement must not terminate the agreement otherwise than in accordance with section 71EK;

        (m)     an occupant must vacate the premises when the agreement ends;

        (n)     an occupant must, at the end of the occupancy agreement, leave the premises

              (i)     in substantially the same state of cleanliness the premises were in at the start of the occupancy agreement; and

              (ii)     in substantially the same condition the premises were in at the start of the occupancy agreement (allowing for fair wear and tear); and

              (iii)     reasonably secure.

    (2)     However, subsection (1) (g) does not apply to a penalty or consequence under a university requirement.

    (3)     If subsection (1) (b) (i) does not apply to an occupancy agreement and the agreement is not in writing, the grantor may comply with any requirement in subsection (1) to include information in the agreement by giving the occupant the information, in writing, in any other appropriate way before the agreement starts.

    (4)     For a site-only residential park occupancy agreement

        (a)     "premises" means the land and any fixtures in the residential park provided by the grantor for the purpose of the occupant placing a manufactured home or a mobile home on the land; and

        (b)     the grantor is entitled to enter the occupant's manufactured home or a mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.

    (5)     In this section:

"site-only residential park occupancy agreement" means an occupancy agreement mentioned in section 71C (1) (b) (vii) (B).

"university requirement "means a statute, rule or policy about student discipline or medical leave made under, or authorised by, the Australian National University Act 1991

(Cwlth) or the University of Canberra Act 1989


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