s. 94A 94 Power to enter tenancy agreements or other agreements (1) Nothing in this Act affects the right of a resident and a rooming house owner to enter into a tenancy agreement. S. 94(1A) (1A) If a tenancy agreement is entered into by a inserted by resident and a rooming house owner in respect of No. 45/2002 s. 28. a room in a rooming house, the rooming house provisions do not apply to the occupation of that room by that resident while the tenancy agreement continues. (2) A rooming house owner and a resident may enter an agreement (not being a tenancy agreement) specifying the terms and conditions of the resident's use and enjoyment of the rooming house. (3) A term or condition in an agreement under subsection (2) that is inconsistent with this Act or that purports to restrict, exclude or modify the application of or exercise of a right conferred by this Act is invalid. (3A) Despite subsections (1) and (1A), a resident S. 94(3A) inserted by cannot enter into a tenancy agreement with a No. 63/2005 rooming house owner in respect of a room unless s. 8. the resident has or is to have exclusive occupancy of the room. (4) In this section, includes a proposed resident resident. S. 94A 94A Harsh and unconscionable terms inserted by No. 45/2002 (1) A resident may apply to the Tribunal for an order s. 29. declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term
94 Power to enter tenancy agreements or other agreements (1) Nothing in this Act affects the right of a resident and a rooming house owner to enter into a tenancy agreement. S. 94(1A) inserted by No. 45/2002 s. 28. (1A) If a tenancy agreement is entered into by a resident and a rooming house owner in respect of a room in a rooming house, the rooming house provisions do not apply to the occupation of that room by that resident while the tenancy agreement continues. (2) A rooming house owner and a resident may enter an agreement (not being a tenancy agreement) specifying the terms and conditions of the resident's use and enjoyment of the rooming house. (3) A term or condition in an agreement under subsection (2) that is inconsistent with this Act or that purports to restrict, exclude or modify the application of or exercise of a right conferred by this Act is invalid. S. 94(3A) inserted by No. 63/2005 s. 8. (3A) Despite subsections (1) and (1A), a resident cannot enter into a tenancy agreement with a rooming house owner in respect of a room unless the resident has or is to have exclusive occupancy of the room. (4) In this section, resident includes a proposed resident. S. 94A inserted by No. 45/2002 s. 29. 94A Harsh and unconscionable terms s. 94A (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term
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