RESIDENTIAL TENANCIES ACT 1997 - SECT 50 Significant hardship

RESIDENTIAL TENANCIES ACT 1997 - SECT 50

    (1)     On application by a lessor, the ACAT may make a termination and possession order in relation to premises occupied under a fixed term agreement if satisfied that—

        (a)     the lessor would suffer significant hardship if the ACAT did not make the order; and

        (b)     that hardship would be greater than the hardship the tenant would suffer if the ACAT made the order.

    (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 lessor 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 tenant 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 tenant 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 tenant no less than 8 weeks notice of the proposed termination.