Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Division 2 Occupancy agreements
28 Proprietor’s obligation to ensure written occupancy agreement
(1) The proprietor under an occupancy agreement must ensure that the agreement is in writing:(a) in relation to agreements entered into after the commencement of this section—at the commencement of the agreement, and(b) in relation to agreements entered into before the commencement of this section—within the period of 3 months after the commencement of this section.(2) Nothing in this section:(a) imposes any obligation on a resident of a registrable boarding house to prepare a written occupancy agreement, or(b) affects the enforceability of an occupancy agreement that is not in writing or is only partly in writing.Note.The Civil and Administrative Tribunal may, however, order a proprietor to enter into a written occupancy agreement on the application of a resident. See section 33.
29 Standard forms of occupancy agreement
(1) The Commissioner may, by order published in the Gazette, approve a standard form of occupancy agreement.(2) Without limiting subsection (1), an order under that subsection may provide for the following:(a) the terms of the agreement,(b) more than one standard form of occupancy agreement for use for different classes of registrable boarding houses, agreements or parties,(c) the addition of clauses to, or the omission or variation of terms contained in, a standard form of occupancy agreement in specified circumstances,(d) the application of terms of standard forms of occupancy agreement to agreements entered into before the order approving those standard forms took effect.(3) In approving a standard form of occupancy agreement, the Commissioner is to be satisfied that the form of agreement gives effect to the occupancy principles.(4) Unless the regulations provide otherwise, the use of a standard form of occupancy agreement is not mandatory and, accordingly, a failure to use the standard form of agreement does not of itself affect the validity or enforceability of an occupancy agreement.(5) An occupancy agreement that is in or to the effect of the applicable standard form of occupancy agreement for the class of registrable boarding house, parties or agreement concerned is taken to give effect to the occupancy principles in the manner required by or under this Part.(6) The regulations may make provision for or with respect to requiring the use of a standard form of occupancy agreement and the enforceability of agreements that are not in the standard form.