Residential Tenancies Amendment Act 2010

42 New sections 60A to 60C inserted

• The following sections are inserted after section 60:

  “60A Fixed-term tenancy becomes periodic unless contrary notice given

  • “(1) On the expiry of a fixed-term tenancy of more than 90 days, the tenancy continues as a periodic tenancy with the same terms as the terms contained in the expired tenancy so far as those terms are consistent with a periodic tenancy.

    “(2) Subsection (1) does not apply if—

    • “(a) the parties enter into a new tenancy agreement or agree to extend the existing tenancy agreement; or

    • “(b) within the effective period, either party gives the other written notice of the party’s intention not to continue with the tenancy.

    “(3) The effective period is the period that starts on the 90th day before the date on which the tenancy expires and ends with the 21st day before that date.

    “(4) On an application by either party, the Tribunal may make an order specifying a date for the early termination of a tenancy that will continue, or is continuing, under subsection (1).

    “(5) The Tribunal may only make an order under subsection (4) if satisfied that, without the order, the applicant would suffer greater hardship than the other party.

    “(6) Where the Tribunal makes an order under subsection (4), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party that is likely to result from the early termination.

  “60B Tenant must exercise right to renew or extend tenancy not later than 21 days before expiry

  • “(1) A tenant who wishes to exercise a right under the tenancy agreement to require the landlord to grant the tenant a renewal or an extension of the tenancy must exercise that right by giving the landlord written notice, in accordance with this section, of the tenant’s intention to exercise the right.

    “(2) The tenant must give notice of the tenant’s intention not later than the 21st day before the date on which the tenancy would otherwise expire.

    “(3) On an application, made before or after the expiry of the tenancy, by a tenant who has failed to comply with subsection (1) or (2) but who wishes to renew or extend the tenancy, the Tribunal may order the renewal or extension of the tenancy.

    “(4) The Tribunal may make an order under subsection (3) only if satisfied that, without the order, the tenant would suffer greater hardship than the landlord.

    “(5) If the Tribunal makes an order under subsection (3), the Tribunal may order that the tenant pay the landlord an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the landlord that has resulted from the tenant’s failure to comply with subsection (1) or (2).

  “60C Notices and orders continue to apply to renewed or extended tenancies

  • “(1) This section applies to a tenancy (the current tenancy) that results from the renewal or extension of a previous tenancy (the previous tenancy).

    “(2) The rent payable at the commencement of the current tenancy in respect of that tenancy—

    • “(a) is the rent that is payable under the previous tenancy immediately before the commencement of the current tenancy; and

    • “(b) is subject to any lawful notice or order, given or made before the commencement of the current tenancy, that varies that rent on or after that commencement; and

    • “(c) may be increased only if any of sections 24 to 28B apply.”