Australian Capital Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 44

    (1)     On application by a tenant, the ACAT may terminate a fixed term agreement in accordance with this section if satisfied that—

        (a)     the tenant would suffer significant hardship were the agreement to continue; and

        (b)     the level of hardship is such that it is appropriate and just to terminate the agreement during its fixed term.

    (2)     If—

        (a)     the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and

        (b)     the ACAT is satisfied that—

              (i)     the tenant would suffer significant hardship if the agreement were not terminated within 8 weeks after the making of the decision to terminate; and

              (ii)     that hardship would be greater than the hardship the lessor would suffer if the agreement were terminated within 8 weeks after that day;

the ACAT must—

        (c)     specify the day, less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and

        (d)     give the lessor the notice of the proposed termination that is reasonable in the circumstances.

    (3)     If—

        (a)     the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and

        (b)     the ACAT is not satisfied about the matters mentioned in subsection (2) (b);

the ACAT must—

        (c)     taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and

        (d)     give the lessor not less than 8 weeks notice of the proposed termination.