Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 43

    (1)     On application by a tenant, the ACAT may terminate a residential tenancy agreement if satisfied that—

        (a)     the lessor has breached the standard residential tenancy terms; and

        (b)     the breach of the standard residential tenancy terms was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and

        (c)     the breach justifies the termination of the tenancy.

    (2)     If—

        (a)     the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and

        (b)     the ACAT is satisfied that—

              (i)     the tenant would suffer significant hardship if the agreement were not terminated within 2 weeks after the making of the decision to terminate; and

              (ii)     that hardship would be greater than the hardship the lessor would suffer if the tenancy were terminated within 2 weeks after that day;

the ACAT must order that the agreement be terminated at a specified time within 2 weeks after the making of the decision to terminate the tenancy.

    (3)     If—

        (a)     the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and

        (b)     the ACAT is not satisfied in relation to the matters mentioned in subsection (2) (b);

the ACAT must order that the agreement be terminated at a specified time not less than 2 weeks after the making of the decision to terminate.