Northern Territory Consolidated Acts

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RESIDENTIAL TENANCIES ACT - SECT 12

Vicarious liability of tenant

12. Vicarious liability of tenant

(1) It is a term of a tenancy agreement that if a person (other than a
co-tenant) who, while on the tenant's premises with the consent of the tenant, performs or omits to perform an act that, if it had been an act or omission of the tenant, would have been a breach of the agreement, the tenant is responsible under the agreement for the act or omission for the purposes of this Act.

(2) Nothing in subsection (1) is to be taken to make a tenant criminally responsible for an act or omission of another person.

(3) Subsection (1) does not apply if:

(a) the person who performs an act that, if it had been an act of the tenant, would have been a breach of the tenancy agreement, is in a domestic relationship within the meaning of the Domestic and Family Violence Act with the tenant; and

(b) the act is an act of domestic violence under that Act; and

(c) it is reasonable in all the circumstances, including but not limited to the number of times that an act of domestic violence under that Act has been performed by the person in the premises to which the tenancy agreement relates, for the tenant not to be taken to be responsible under the agreement for the act for the purposes of this Act.

Part 3. Commissioner of Tenancies



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