Australian Capital Territory Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 20 OF 2018) - SECT 49C

Hearing of application—failure to comply with payment order

    (1)     After considering an application under section 49B and hearing the parties who attend the hearing, the ACAT must—

        (a)     make a termination and possession order; or

        (b)     refuse to make a termination and possession order.

    (2)     If the ACAT makes a termination and possession order, the ACAT—

        (a)     must direct the registrar to issue a warrant for the eviction of the tenant; and

        (b)     may make an order to pay any unpaid rent that is payable.

    (3)     If the ACAT refuses to make a termination and possession order, the ACAT may—

        (a)     confirm the payment order; or

        (b)     make another payment order; or

        (c)     set aside the payment order.

    (4)     If the ACAT makes a termination and possession order, it may suspend the order for a stated period of not more than 3 weeks if satisfied that—

        (a)     were the order not suspended for the stated period, the tenant would suffer significant hardship; and

        (b)     the tenant's hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the stated period.

6     Application for registration of standard guarantee contract
Section 103 (1)

after

commissioner for fair trading

insert

, on or after a day declared by the Minister,

7     New section 103 (3)

after the notes, insert

    (3)     A declaration under subsection (1) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.

8     New part 15

insert

Part 15     Transitional—Residential Tenancies Amendment Act 2018



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback