Ending a Tenancy - Termination if the premises are not fit for habitation

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Under clause 86 of the Standard Terms either party may give written notice to terminate the tenancy if the premises become unfit for habitation, or are not available due to government action.

The tenant must give 2 days notice, and the landlord at least 1 week (cl 87). Rent is not payable from the date the premises become uninhabitable. If neither party chooses to terminate the tenancy, rent is not payable during the period from when the property becomes uninhabitable to when it becomes habitable again.

If there is a dispute as to whether the premises are uninhabitable either party may seek an order from ACAT declaring the premises to be uninhabitable.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au