Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 35G

    (1)     On application by a co-tenant under a residential tenancy agreement, the ACAT may—

        (a)     if consent required under section 35A (1) (a) is refused—order that a co-tenant may stop being a party to the agreement under section 35A; or

        (b)     order that the co-tenant may refuse consent for a co-tenant to stop being a party to the agreement under section 35A; or

        (c)     for an application made under section 35D—

              (i)     declare that the lessor's refusal to consent to the new person becoming a co-tenant under the residential tenancy agreement was unreasonable; or

              (ii)     order that the new person stop being a party to the residential tenancy agreement; or

        (d)     order that—

              (i)     a co-tenant must stop being a party to the agreement within a stated period (being a period not less than 3 weeks after the order is made); and

              (ii)     the agreement continues between the lessor and the remaining co-tenants; and

              (iii)     the co-tenant's rights and obligations under the agreement end; or

        (e)     make any other order in relation to an order mentioned in paragraphs (a) to (d) that the ACAT considers appropriate.

Examples—par (e)

1     order for payment of a co-tenant's share of utility costs

2     order for payment of reasonable costs for damage caused to premises by a co-tenant

    (2)     On application by a lessor under a residential tenancy agreement, the ACAT may order that the lessor may refuse consent for a co-tenant to stop being a party to the agreement under section 35A (4) (b).

    (3)     In making an order under subsection (1) (c), the ACAT must consider whether the lessor's refusal to consent to the new person becoming a co-tenant under the residential tenancy agreement is reasonable in the circumstances, including having regard to the following:

        (a)     whether the premises would become overcrowded if the new person were to become a co-tenant under the residential tenancy agreement;

        (b)     whether the new person is included on a residential tenancy database;

        (c)     if the residential tenancy agreement is for a particular purpose—whether the new person meets the requirements of, or is suitable having regard to, the purpose of the residential tenancy agreement;

        (d)     if the residential tenancy agreement is an agreement mentioned in section 6C—whether the new person will not be occupying the premises under the terms and conditions of the person's employment.

    (4)     In this section:

"existing tenant"—see section 35C (1) (a).

"new person"—see section 35C (1) (a).