DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 23 Order regarding tenancy agreement

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 23

    (1)     This section applies in relation to a tenancy agreement if:

        (b)     the respondent or protected person is a tenant of the premises; and

        (c)     either:

            (i)     a court DVO includes a premises exclusion order for the premises; or

            (ii)     the protected person no longer wishes to live in the premises.

    (2)     The Court may, in the DVO, make:

        (a)     an order terminating the tenancy agreement; or

        (b)     an order terminating the tenancy agreement and creating a new tenancy agreement (the replacement agreement ) for the benefit of:

            (i)     the protected person and anyone else who was a party to the terminated agreement other than the respondent; or

            (ii)     the respondent and anyone else who was a party to the terminated agreement.

    (3)     An order must not be made unless:

        (a)     the Court is satisfied there is no reasonable likelihood of the respondent and the protected person living in the premises free of domestic violence; and

        (b)     the landlord consents to the order or, if the landlord refuses consent, the Court is satisfied the refusal is unreasonable; and

        (c)     the protected person consents to the order; and

        (d)     in the case of a replacement agreement – the protected person or respondent, as the case may be, would be able to comply with the replacement agreement; and

        (e)     the Court considers it appropriate in the circumstances to make the order.

    (4)     The landlord and anyone else having an interest in the premises are entitled to appear and be heard in relation to the matter.

    (5)     The replacement agreement must have the same conditions as the terminated agreement other than the names of the tenants.

    (6)     If the terminated agreement is for a fixed term, the date of expiry of the replacement agreement must be the same as that of the terminated agreement.

    (7)     Part 12 of the Residential Tenancies Act 1999 applies to the terminated agreement as if the tenants had given up vacant possession of the premises.

    (8)     In this section:

"premises", see the Residential Tenancies Act 1999 .

"tenancy agreement", see the Residential Tenancies Act 1999 .