The TU proposes that New South Wales implement new legislation for border tenants. This model is based on the jurisdictional legislation of the Australian Capital for “Occupation Agreements” (ACT 2004), part 5A). It`s a basic right. The use of the term “reasonable” is consistent with the less prescriptive approach adopted in the principles of occupancy in general, as “reasonable” does not imply an absolute standard. Instead, what is “reasonable” will vary depending on the circumstances (Bankstown Foundry v Braistina (1986) 160 CLR 301). With respect to occupancy agreements, what is reasonable would vary depending on the nature of the accommodation services on the premises, the amount of rent paid and other considerations. This principle is supplemented by principle e, which deals with the right of a funder to enter the premises to carry out repairs. The ACT has four common housing units. Different types of agreements apply to each situation. In most cases, a lease should be used. It`s a basic right. “Quiet enjoyment” means that a resident has the right to stay in the premises without any disruption or harassment by the funder (there is no need for the premises to be noise-free). The TU points out that “silent enjoyment” is probably less strong with regard to occupancy contracts than for leases, since it is qualified according to the principle (b) which expressly authorizes the internal regulation.
It is also qualified under principle e, which deals with the landlord`s right to enter and inspect premises. Despite our support for the principles of legislative reform, we have highlighted concerns about the project, namely our ability to respond legally to domestic violence, as it can occur in public housing managed by our services. While intimate violence can be physical violence, it can also include financial control, verbal and emotional abuse, and coercive behaviour that can intimidate and limit the goal`s ability to engage in the economy or society. It is important that those responsible for enforcing the agreements understand the dynamism of domestic and family violence. This is a fundamental and minimal requirement. The principle does not provide for the reasons for dismissal or the necessary notice period – this is left to each funder subject to the principle h. It is significant that the principle does not require the funder to apply to the court for an order to terminate the occupancy contract. However, a resident who challenges the termination of his occupation may use the dispute settlement provisions (see principle (i) and “The principles of occupancy in action” below to determine whether the occupancy contract should be terminated. Since 2019, the ACT government has been gradually reforming the rent law and the amendments to date have included a formula to cap rent increases, strengthen the rights of people with pets and change the power of the ACT Administrative Court to amend rental contracts in domestic violence situations. These standard terms would contain the detailed content of agreements between the parties, such as notice periods, reasons for termination and other issues not included in the principles of occupancy.