Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
Part 5A Occupancy agreements
71A Who is a grantor ?
(1) A person is a grantor if the person grants a right of occupation under an occupancy agreement.
(2) "Grantor" includes a prospective grantor.
71B Who is an occupant ?
(1) A person is an occupant if the person has a right of occupation under an occupancy agreement.
(2) "Occupant" includes a prospective occupant.
71C What is an occupancy agreement?
(1) An agreement is an occupancy agreement if—
(a) a person (the grantor ) gives someone else (the occupant ) a right to occupy stated premises; and
(b) the premises are for the occupant to use as a home (whether or not with other people); and
(c) the right is given for value; and
(d) the grantor may lawfully terminate the agreement, without cause, by giving less than 6 months notice; and
(e) the agreement is not a residential tenancy agreement.
(2) The agreement may be—
(a) express or implied; or
(b) in writing, oral, or partly in writing and partly oral.
Note After 6 weeks, the occupancy agreement should be in writing (see s 71E (ba)).
(3) The right to occupy may be—
(a) exclusive or not;
(b) given with a right to use facilities, furniture or goods.
(4) The person given the right to occupy the premises may be—
(a) a boarder or lodger; or
(b) someone prescribed under the regulations for this section.
Note This Act does not apply to retirement villages, nursing homes, hostels for aged or disabled people or other prescribed premises (see s 4).
71D When does an occupancy agreement start?
An occupancy agreement starts on the earliest of the following days:
(a) the day stated in the agreement;
(b) the 1st day both parties have signed the agreement and received a copy signed by the other;
(c) the day the occupant takes possession of the premises;
(d) the 1st day the grantor receives rent from the occupant.
(1) In considering a matter, or making a decision, under this Act in relation to an occupancy agreement for premises, a person must have regard to the following principles (the occupancy principles ):
(a) an occupant is entitled to live in premises that are—
(i) reasonably clean; and
(ii) in a reasonable state of repair; and
(iii) reasonably secure;
(b) an occupant is entitled to know the rules of the premises before moving in;
(c) an occupant is entitled to the certainty of having the occupancy agreement in writing if the occupancy continues for longer than 6 weeks;
(d) an occupant is entitled to quiet enjoyment of the premises;
(e) a grantor is entitled to enter the premises at a reasonable time on reasonable grounds to carry out inspections or repairs and for other reasonable purposes;
(f) an occupant is entitled to 8 weeks notice before the grantor increases the amount to be paid for the right to occupy the premises;
(g) an occupant is entitled to know why and how the occupancy may be terminated, including how much notice will be given before eviction;
(h) an occupant must not be evicted without reasonable notice;
(i) a grantor and occupant should try to resolve disputes using reasonable dispute resolution processes.
(2) If an occupant occupies a mobile home on land in a mobile home park and the mobile home is not provided by the grantor—
(a) the occupancy principle in subsection (1) (e) applies to the land and any fixtures provided by the grantor, but not the mobile home; and
(b) the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes.
71F Regulations about occupancy agreements
(1) The regulations may make provision in relation to occupancy agreements, including, for example, standard occupancy terms.
Note 1 Power under an Act to make regulations includes power to make different provision for different classes of matters (see Legislation Act, s 48 (1) (a)).
Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) Regulations about standard occupancy terms must be consistent with the occupancy principles.
(a) must contain, and is taken to contain, terms to the effect of the standard occupancy terms prescribed under the regulations; and
(b) may contain any other term that is consistent with—
(i) the standard occupancy terms; and
(ii) the occupancy principles.