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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3787 ..

amendments requiring that a written agreement be entered into if a boarder, lodger or caravan park resident is in occupation for longer than six weeks. Although the amended Residential Tenancies Act will impose an occupancy agreement governed by the occupancy principles of the act, without a document outlining these provisions, many residents may be entirely unaware of their rights. The manager of the premises may use the resident’s perceived sense of insecurity to act unfairly. I note that there is no penalty for failing to comply with these provisions, but I suppose it is better to have this in the legislation than not to.

Amendment agreed to.

MR STEFANIAK (9.31): I move amendment No 3 circulated in my name [see schedule 6 at page 3813]. I have already spoken to this. It ensures that people are not operating on just a wing and a prayer.

Amendment agreed to.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.32): I move amendment No 1 circulated in my name and table a supplementary explanatory statement to the amendment [see schedule 7 at page 3814]. This amendment is to proposed section 71E (d) of the bill, which sets out the occupancy principles in relation to a grantor’s access to the premises for inspections, repairs and other reasonable purposes. The amendment clarifies the need for reasonableness in the clause to ensure the prevention of arbitrary interference with a person’s quiet enjoyment of the premises.

Amendment agreed to.

MR STEFANIAK (9.33): I move amendment No 4 circulated in my name [see schedule 6 at page 3813]. This amendment ensures that an occupant is entitled to eight weeks notice before the grantor increases the amount to be paid for the right to occupy the premises. I suppose one of the best analogies here is the fact that, in a normal lease-type arrangement, if the landlord wants to increase the rent they have to give eight weeks notice.

Rents can be calculated on a 12-month basis, and it is normal for a landlord to have to give eight weeks notice before the rent can be increased. In the types of situations covered by this particular section, that is not the case. I think it is only fair that that similar provision applies. I think this brings it into line with other parts of tenancy law. I think it is eminently fair, and I believe this is very much in line with the thrust of this legislation.

Amendment agreed to.

MR STEFANIAK (9.34): I move amendment No 5 circulated in my name [see schedule 6 at page 3813].

This amendment tries to rectify a problem for long-term residents in a caravan park who, in this instance, own their own van. This amendment ensures that, if they occupy a mobile home which they own on land in a caravan park, the occupancy principle applies

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