Landlord and Tenant (Consolidation) Ordinance

(1)
This section applies
if—
(a)
a landlord and a tenant enter into a domestic tenancy for a subdivided
                    unit;
(b)
the tenant is a natural person;
(c)
the purpose of the tenancy is for the tenant’s own dwelling; and
(d)
the tenancy is other than
one—
(i)
entered into by the parties by way of a Form AR1; or
(ii)
taken to be granted under
section 120AAW(2
)(
b)
.
(2)
If the tenancy purports to
be—
(a)
a periodic tenancy; or
(b)
a tenancy for a term other than of 2 years,
commencing on or after the material date, the tenancy is taken to be a first
                term tenancy.
(3)
For the purposes of subsection (2
)—
(a)
the term of the tenancy is taken to be 2 years commencing
on—
(i)
the date of the creation of the tenancy; or
(ii)
if the parties have agreed on a later date for the commencement of the
                        tenancy—that date; and
(b)
the rent agreed by the parties to be payable by the tenant at the
                    commencement of the tenancy is taken to be the rent for the first term
                    tenancy.
(4)
If—
(a)
the tenancy is a periodic tenancy commencing before and existing on the
                    material date; and
(b)
a period of the tenancy (
reference period
)
either—
(i)
commences on the material date; or
(ii)
straddles the material date,
the tenancy is taken to be a first term tenancy.
(5)
For the purposes of subsection (4
)—
(a)
the term of the tenancy is taken to be 2 years commencing
on—
(i)
for paragraph
(b
)(
i)
of that subsection—the material date;
                        or
(ii)
for paragraph
(b
)(
ii)
of that subsection—the date
                        immediately after the expiry of the period that straddles the material date;
                        and
(b)
the rent agreed by the parties to be payable by the tenant at the
                    commencement of the reference period is taken to be the rent for the first term
                    tenancy.