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DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 23 Order for replacement tenancy agreement

DOMESTIC AND FAMILY VIOLENCE ACT 2007 (NO 34 OF 2007) - SECT 23

Order for replacement tenancy agreement

    (1)     This section applies if:

    (a)     a court DVO includes a premises access order; and

    (b)     the defendant is a tenant of the premises occupied by a protected person.

    (2)     The court may make the following orders in the DVO:

(a)     an order terminating the tenancy agreement;

(b)     an order creating a new tenancy agreement (the replacement agreement ) for the benefit of the protected person and anyone else who was a party to the terminated agreement other than the defendant.

    (3)     The orders may be made only if:

    (a)     the court is satisfied:

        (i)     the domestic relationship between the protected person and defendant has broken down permanently; and

        (ii)     there is no reasonable likelihood of them living in the premises free of domestic violence; and

        (iii)     the protected person will be able to comply with the replacement agreement; and

        (iv)     it is appropriate in the circumstances to make the order; and

    (c)     the landlord consents to the orders or, if the landlord refuses consent, the court is satisfied the refusal is unreasonable; and

    (d)     the protected person consents to the orders.

    (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 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 .

"tenancy agreement", see the Residential Tenancies Act .