Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) On application by a tenant, the ACAT may terminate a fixed term agreement in accordance with this section if satisfied that—
(a) the tenant would suffer significant hardship were the agreement to continue; and
(b) the level of hardship is such that it is appropriate and just to terminate the agreement during its fixed term.
Example—significant hardship
Chris and Jamie share premises under a residential tenancy agreement. The Magistrates Court makes an interim order under the Family Violence Act 2016
that prohibits Chris (the respondent) from being on premises where Jamie (the protected person) lives. Jamie wishes to end the residential tenancy agreement and leave the premises. If the agreement were to continue, Jamie would suffer significant hardship.
(2) If—
(a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and
(b) the ACAT is satisfied that—
(i) the tenant would suffer significant hardship if the agreement were not terminated within 8 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 agreement were terminated within 8 weeks after that day;
the ACAT must—
(c) specify the day, less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and
(d) give the lessor the notice of the proposed termination that is reasonable in the circumstances.
(3) If—
(a) the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and
(b) the ACAT is not satisfied about the matters mentioned in subsection (2) (b);
the ACAT must—
(c) taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and
(d) give the lessor not less than 8 weeks notice of the proposed termination.