Full legislation
s.120AAZ
Tenancy in writing for first term tenancy
(1)
This section applies
if—
(a)
the landlord and tenant of a subdivided unit have entered into a tenancy
orally for a first term tenancy; and
(b)
the first term tenancy has commenced.
(2)
The tenant may in writing demand the landlord to, within 30 days
(
specified period
), serve on the tenant a tenancy in writing
(
tenancy agreement
) reflecting the contents of the oral
tenancy for signing by the parties.
(3)
If the landlord fails to serve the tenancy agreement on the tenant in accordance
with subsection (2), the tenant may elect
either—
(a)
to withhold the payment of rent until the landlord has done so;
or
(b)
to terminate the tenancy by, within 7 days after the specified period,
giving the landlord not less than 30 days’ (
notice period
) prior
notice in writing of the termination.
(4)
For the purposes of subsection
(3
)(
b)
, the tenancy is terminated on
the expiry of the notice period, and the tenant must, on the
termination—
(a)
deliver vacant possession of the subdivided unit to the landlord;
and
(b)
settle all outstanding money payable to the landlord under the
tenancy.
(5)
If—
(a)
the landlord has served the tenancy agreement on the tenant in accordance
with subsection (2); or
(b)
the tenant has made an election under subsection
(3
)(
a)
and the
landlord has eventually served the tenancy agreement on the tenant,
the tenant must do the things specified in subsection (6) within 15 days
after the tenancy agreement has been served on the tenant.
(6)
The things
are—
(a)
to sign and return the tenancy agreement to the landlord; and
(b)
(if applicable) to pay back, free of interest, any rent withheld under
subsection
(3
)(
a)
to the landlord.
(7)
If the tenant fails to comply with subsection (5), the landlord may, by giving
the tenant not less than 15 days’ prior notice in writing, terminate the
tenancy.