Australian Capital Territory Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 49A

Failure to pay rent—payment order

    (1)     This section applies if a lessor applies to the ACAT for a termination and possession order under section 49 (2).

    (2)     Instead of making a termination and possession order, the ACAT may make an order (a payment order ) requiring the tenant to pay 1 or both of the following:

        (a)     the rent, or a stated part of the rent, that has become payable;

        (b)     future rent as it becomes payable.

    (3)     The ACAT must not make a payment order unless satisfied—

        (a)     the tenant is reasonably likely to make the payments required under the order; and

        (b)     if the payment order does not include a requirement to pay rent, or a stated part of rent, that has become payable as mentioned in subsection (2) (a)—

              (i)     the lessor has made more than 2 applications for a termination and possession order under section 49 (2) in the 12-month period immediately before the day the ACAT makes the order; and

              (ii)     it is in the interests of justice to do so.

    (4)     If the ACAT makes a payment order for part of the rent that has become payable, the ACAT may also make an order under section 83 (c) for payment of the remaining part.

    (5)     A payment order—

        (a)     expires on the date stated in the order (which must not be more than 1 year after the day the order is made); and

        (b)     must state that if the tenant fails to comply with the payment order, the lessor may apply for a termination and possession order under section 49B.

    (6)     On application to the ACAT, an order under this section may be varied if—

        (a)     both parties agree to the variation; and

        (b)     the variation does not postpone the expiry date of the order; and

        (c)     the ACAT considers it just and appropriate to vary the order.



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