Australian Capital Territory Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 49B

Failure to comply with payment order

    (1)     This section applies if—

        (a)     the tenant has failed to comply with a payment order in the last 60 days; and

        (b)     the order has not expired; and

        (c)     the tenant continues to live at the premises.

    (2)     The lessor may apply to the registrar for a termination and possession order.

    (3)     On receiving an application for a termination and possession order, the registrar must—

        (a)     list the application for hearing before the ACAT not earlier than 1 week after the day the notice under paragraph (b) is given to the tenant; and

        (b)     give notice to the tenant stating—

              (i)     that an application for a termination and possession order has been made; and

              (ii)     the time when, and the place where, the application is to be heard; and

              (iii)     that the tenant should seek legal advice about the application if the tenant wants to continue to live at the premises.

    (4)     If the lessor does not apply to the ACAT under subsection (2), the payment order, residential tenancy agreement and any debt under the residential tenancy agreement is not affected.



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