ACT When Does Fixed-Term Lease Commence?

[PC9187]

Hi,

I have a tenant who has signed a fixed-term lease for 12 months, commencing on the 14th of Feb. This was signed on the 4th and the bond has been received and placed in trust.

The tenant has contacted me asking to reduce the term of the agreement, which I would prefer not to do. Is this contract in place from the date of signature ( 4th Feb) or the date the lease commences (14th Feb)?

Any reference to the appropriate legislation would be great. I'd like to be able to confirm if they have already entered into a contract.

 

[Rod]

Residential Tenancies Act 1997 (ACT). Check out s 7, particularly s 7(b).

This assumes a few other niceties have been taken care of in the lease agreement, that it is a valid agreement, signed properly etc etc.

s 7 : When does residential tenancy agreement start?

A residential tenancy agreement starts on the earliest of the following days:

(a) the day stated in the agreement;
(b) the 1st day both parties have signed the agreement and received a copy signed by the other;
(c) the day the tenant takes possession of the premises;
(d) the 1st day the lessor receives rent from the tenant.

 

[PC9187]

Thanks Rod, very much appreciated!