RESIDENTIAL TENANCIES ACT 1997 - SECT 85A New tenancy agreement—family violence and protection
RESIDENTIAL TENANCIES ACT 1997 - SECT 85A
New tenancy agreement—family violence and protection orders(1) This section applies if—
(a) the Magistrates Court has made a protection order; and
(b) the respondent is a party to a residential tenancy agreement in relation to premises; and
(c) the protected person under the order—
(i) is also a party to the residential tenancy agreement; or
(ii) has been living in the premises as the protected person's home but is not a party to the agreement; and
(d) either—
(i) the order includes an exclusion condition or a condition prohibiting the respondent from being within a particular distance from the protected person; or
(ii) the respondent has given an undertaking to the court to leave the premises.
(2) The protected person may apply to the ACAT for any of the following orders:
(a) an order terminating the existing residential tenancy agreement;
(b) an order—
(i) terminating the existing residential tenancy agreement; and
(ii) requiring the lessor of the premises to enter into a residential tenancy agreement with the protected person and any other person mentioned in the application;
(c) an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the lessor.
(3) Each of the following is a party to a proceeding on the application:
(a) the protected person;
(b) the lessor;
(c) the respondent;
(d) any other existing tenants.
(4) In this section:
"exclusion condition"—
(a) in relation to a protection order under the Family Violence Act 2016
—see that Act
, section 39 (4); or
(b) in relation to a protection order under the Personal Violence Act 2016
—see that Act
, section 31 (4).