Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 64AD

    (1)     This section applies if—

        (a)     a lessor has given a termination notice to the tenant in accordance with this Act and the standard residential tenancy terms; and

        (b)     the tenant makes an application for an order disallowing the termination notice before the end of the notice period stated in the notice; and

        (c)     the ACAT is satisfied that—

              (i)     1 or more of the following happened:

    (A)     the tenant applied to the ACAT for an order in relation to the lessor;

    (B)     the tenant complained to a government entity in relation to the lessor;

    (C)     the tenant took reasonable action to secure or enforce the tenant's rights;

Example

the tenant sought legal advice or mediation

    (D)     the ACAT made an order in favour of the tenant against the lessor;

    (E)     the tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor; and

              (ii)     for the circumstance mentioned in subparagraph (i) (E)—the tenant did not, knowingly or recklessly, publish or disclose information that was false or misleading; and

              (iii)     the lessor was motivated to give the tenant the termination notice because of an event mentioned in subparagraph (i).

    (2)     The ACAT must make an order disallowing the termination notice.

    (3)     In this section:

"information" includes an allegation, complaint or opinion.

"publish" includes communicate.