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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 139
Limitation affecting early payment
139 Limitation affecting early payment
(1) The authority must not pay a rental bond for a
residential tenancy agreement if it knows— (a) the lessor or tenant has
given a notice to leave, or notice of intention to leave, the premises and the
handover day for the notice has not arrived; or
(b) the lessor has given an
abandonment termination notice to the tenant and the agreement has not ended.
(2) Also, the authority must not pay a rental bond for a
rooming accommodation agreement if it knows— (a) the provider or resident
has given a notice terminating the rooming accommodation agreement on a stated
day and the stated day has not arrived; or
(b) the provider has given the
resident a notice requiring the resident to leave the rental premises by a
stated day and the stated day has not arrived.
(3) However, subsections (1)
and (2) do not prevent the authority making a payment it may make without
giving notice to— (a) the lessor or tenant; or
(b) the provider or
resident.
Note— See sections 127 (2) , 128 (2) , 129 (2) , 131 , 132 (2) ,
(3) or (4) , 133 (2) , 134 (2) , 135B (2) , 135C (2) or 135D (2) for payments
to which subsection (3) applies.
(4) Subsection (5) applies if the
application for payment of the rental bond was made by a tenant or resident
who, after experiencing domestic violence— (a) ended a
residential tenancy agreement or an interest in an agreement under chapter 5 ,
part 1 , division 3 , subdivision 2A ; or
(b) ended a
rooming accommodation agreement or an interest in an agreement under chapter 5
, part 2 , division 3 , subdivision 2A .
(5) The authority must not pay a
rental bond for a residential tenancy agreement or
rooming accommodation agreement if the authority knows the applicant has not
vacated the premises.
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