(b) a tenant under a tenancy agreement— have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law. (2) Nothing in subsection (1) operates to confer any rights under this Act on an assignee of a tenant if the assignment is not in accordance with this Act. 6 Tenancy agreements exceeding 5 years S. 6 amended by No. 6/2008 (1) This Act does not apply to a tenancy agreement s. 28 (ILA that is a fixed term tenancy agreement if— s. 39B(1)). (a) the fixed term exceeds 5 years; and (b) the agreement does not include a provision enabling the landlord or the tenant to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) before the end of 5 years after the agreement is made. (2) Despite subsection (1), this Act applies to a fixed S. 6(2) inserted by term tenancy agreement in respect of premises No. 6/2008 whether or not the initial term of the tenancy s. 28. agreement exceeds 5 years if— (a) the tenancy agreement or another document gives to the tenant a right, or an option, to purchase the premises; and (b) the tenancy agreement is not a tenancy agreement of a kind referred to in section 13; and (c) the tenancy agreement is entered into after the commencement of section 28 of the Consumer Credit () and Other Acts Amendment Act 2008.
(b) a tenant under a tenancy agreement— have been assigned or transferred or have passed by operation of law in the same manner as this Act applies to the person by whom the rights were assigned or transferred or from whom the rights and duties have passed by operation of law. (2) Nothing in subsection (1) operates to confer any rights under this Act on an assignee of a tenant if the assignment is not in accordance with this Act. S. 6 amended by No. 6/2008 s. 28 (ILA s. 39B(1)). 6 Tenancy agreements exceeding 5 years (1) This Act does not apply to a tenancy agreement that is a fixed term tenancy agreement if— (a) the fixed term exceeds 5 years; and (b) the agreement does not include a provision enabling the landlord or the tenant to determine the agreement by notice (otherwise than on the grounds of a breach of the agreement) before the end of 5 years after the agreement is made. S. 6(2) inserted by No. 6/2008 s. 28. (2) Despite subsection (1), this Act applies to a fixed term tenancy agreement in respect of premises whether or not the initial term of the tenancy agreement exceeds 5 years if— (a) the tenancy agreement or another document gives to the tenant a right, or an option, to purchase the premises; and (b) the tenancy agreement is not a tenancy agreement of a kind referred to in section 13; and (c) the tenancy agreement is entered into after the commencement of section 28 of the Consumer Credit () and Other Acts Amendment Act 2008.
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