Australian Capital Territory Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 65

Waiver of notice requirements

    (1)     The ACAT may hear an application for the review of a rental rate increase even though the application is made less than 2 weeks before the day when the proposed increase is to come into effect, if the ACAT is satisfied that—

        (a)     the application is late because of special circumstances; and

        (b)     to hear the application will not place the lessor in a significantly worse position than the lessor would have been had the applicant applied as prescribed.

    (2)     If a tenant vacates premises as a result of a rental rate increase but fails to give the lessor notice of intention to vacate premises in the form approved under section 133 (Approved forms—Minister), the ACAT may, on application by the tenant or former tenant, treat the notice as having been given in the approved form if satisfied that—

        (a)     the failure to give notice in the approved form is a result of special circumstances; and

        (b)     to treat notice as having been so given will not put the lessor in a significantly worse position than if notice had been given properly.



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