30/08/2024
Occupancy agreements (OAs) are special sorts of residential agreements defined and governed by the Residential Tenancies Act 1997 (ACT).
The parties to an OA are:
- the person with the property right to the premises, the “grantor”; and
- the person residing in the premises, the “occupant”.
OAs are typically used in alternative and less formal housing arrangements—such as student housing, crisis accommodation or boarding houses—and in temporary, short-term or emergency situations.
Instead of paying rent, the occupant pays an “occupancy fee” to the grantor.
As in tenancy situations, disputes can arise about the terms and conditions of an OA, including: the payment of fees, the condition of the premises, house rules, or the occupant’s continuing entitlement to reside in the premises.
By law, a grantor is required to provide an occupant with information about dispute resolution processes that apply to the OA. A grantor is also required to provide the occupant with contact details for:
- the ACT Legal Aid Commission;
- the ACT Human Rights Commission;
- at least one community dispute resolution provider; and
- the ACT Civil and Administrative Tribunal (ACAT).
This is to ensure the occupant is aware of the various routes by which they may apply to have disputes resolved or access legal advice.
A grantor is also required to provide the occupant with their own contact details to assist to resolve any disputes that may arise.
If a dispute cannot be resolved between the parties or via an intermediary, it can be brought before ACAT for a decision.
Griffin Legal is able to assist at any stage of an OA process, from drafting or advising on agreements, complaints, conciliation or a dispute, to representing a grantor at ACAT.
For relevant advice in relation to your organisation, please contact us at enquiries@griffinlegal.com.au