Australian Capital Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES ACT 1997 - SECT 47

No breach of standard residential tenancy terms

    (1)     On application by a lessor, the ACAT may make a termination and possession order if satisfied that—

        (a)     a ground for termination exists under the standard residential tenancy terms (other than for a breach of the standard residential tenancy terms); and

        (b)     the lessor has served a termination notice on the tenant based on that ground; and

        (c)     the tenant has not vacated the premises as required by the termination notice.

    (2)     If—

        (a)     the ACAT makes an order under subsection (1); and

        (b)     the ACAT is satisfied that—

              (i)     were the order not suspended for a specified period of no more than 3 weeks the tenant would suffer significant hardship; and

              (ii)     that hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the specified period;

the ACAT may suspend the operation of the termination and possession order for a specified period of no more than 3 weeks.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]