Australian Capital Territory Consolidated Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 49

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

        (a)     the tenant has failed to pay rent that has become payable under the residential tenancy agreement; and

        (b)     the lessor has served a termination notice on the tenant on the basis of the failure to pay rent; and

        (c)     the tenant has not vacated the premises in accordance with the notice.

    (2)     If a lessor has made an application under subsection (1), the ACAT may refuse to make a termination and possession order if—

        (a)     the tenant has paid any rent that has become payable and is, in the ACAT's opinion, reasonably likely to pay future rent as it becomes payable; and

        (b)     the ACAT considers it just and appropriate to do so.

    (3)     Subsection (4) applies if—

        (a)     the tenant is, in the ACAT's opinion, reasonably likely to pay the rent that has become payable as well as pay future rent as it becomes payable; and

        (b)     the tenant agrees to pay the rent that has become payable, and undertakes to pay future rent as it becomes payable, as required by the ACAT.

    (4)     Instead of making a termination and possession order under subsection (1), the ACAT may order ( conditional termination and possession order ) that if the tenant fails to pay the rent that has become payable, or future rent as it becomes payable, as required by the ACAT—

        (a)     the tenancy terminates at a stated hour on the day after the day when any rent becomes payable and is not paid; and

        (b)     the lessor becomes entitled to possession of the premises and all rent payable is payable immediately.

    (5)     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.