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Tenancy agreements

Tenancy is the right of occupancy created by the relationship of landlord and tenant. The Residential Tenancies Act 1995 (SA) employs a broad definition of tenant and tenancy agreement.

A residential tenancy agreement is an agreement under which a person grants another person a legal right to occupy premises for the purpose of residence. It can be written, verbal or implied.

A tenant is 'the person who is granted a right of occupancy under a residential tenancy agreement' [see Residential Tenancies Act 1995 (SA) s 3].

A lease is a document that sets out the terms of the agreement, that is, the names of the parties, the premises to be rented, the rent, when and where the rent is to be paid, how long the agreement is to last and any other conditions. A leasehold interest is the interest or rights a person enjoys under a lease.

Tenancy agreements  :  Last Revised: Fri Jul 15th 2016
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