Australian Capital Territory Current Acts

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Lessor's defective termination notice if tenant vacates

    (1)     This section applies if—

        (a)     the lessor purports to give a termination notice to a tenant; and

        (b)     the notice is a defective termination notice; and

        (c)     the tenant vacates the premises in accordance with the defective termination notice.

    (2)     The residential tenancy agreement terminates on the day the tenant vacates the premises.

    (3)     If a tenant vacates premises in accordance with a defective termination notice (other than a notice that was defective because it was not given to the tenant in accordance with this Act), the former tenant may apply to the ACAT for either or both of the following orders:

        (a)     an order for compensation for wrongful eviction;

        (b)     an order for reinstatement as tenant in possession of the premises.

    (4)     The ACAT must not make an order mentioned in subsection (3) (b) unless satisfied that—

        (a)     the premises are vacant; and

        (b)     the lessor has not entered into a residential tenancy agreement with another tenant; and

        (c)     it is appropriate to make the order.

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