Full legislation
s.120AAZB
Tenant’s interest to pass to family member on death
(1)
This section applies
if—
(a)
a tenant of a regulated tenancy for a subdivided unit dies during the term
of the tenancy; and
(b)
a family member of the tenant is residing with the tenant in the subdivided
unit at the time of the tenant’s death (
relevant time
).
(2)
The subsisting benefits and protection under the regulated tenancy to which the
tenant is entitled under this Part during the tenant’s life time (
specified
interest
) are, after the tenant’s death, available to the family
member.
(3)
Only 1 family member of the tenant is entitled to the specified interest at one
time.
(4)
If—
(a)
2 or more family members are residing with the tenant at the relevant time;
and
(b)
they are unable to reach an agreement among themselves as to who should be
entitled to the specified interest,
they must refer the matter to the Tribunal for a determination.
(5)
The Tribunal must determine the matter on any ground that appears to it to be
just and equitable.
(6)
Despite any will or the law of succession on intestacy, the specified interest
of the tenant is not to be available
to—
(a)
a personal representative of the tenant; or
(b)
a person other than a family member referred to in subsection
(1
)(
b)
.