Australian Capital Territory Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 83

    (1)     Without limiting the orders the ACAT may make, the ACAT may make the following orders in relation to an application about a tenancy dispute or occupancy dispute:

        (a)     an order restraining any action in breach of a residential tenancy agreement or occupancy agreement;

        (b)     an order requiring performance of a residential tenancy agreement or occupancy agreement;

        (c)     an order requiring the payment of an amount to the Territory or a person;

        (d)     an order requiring the payment of compensation for loss of rent, occupancy fees or any other loss caused by the breach of a residential tenancy agreement or occupancy agreement;

        (e)     an order requiring the payment of compensation for any loss caused by the lessor's failure to ensure premises comply with a minimum housing standard in accordance with section 19B;

        (f)     an order stating that an amount (not more than the amount of bond or security deposit paid into the trust account in relation to the relevant residential tenancy agreement or occupancy agreement, as the case requires) be paid to the lessor or grantor from the trust account;

        (g)     an order restoring a residential tenancy agreement or occupancy agreement and granting the former tenant or occupant possession of premises—

              (i)     from which the person was evicted in contravention of this Act; or

              (ii)     that the person vacated the premises in accordance with a defective termination notice;

        (h)     an order requiring payment of all or part of the following into the ACAT until the ACAT orders otherwise:

              (i)     the rent payable under the standard residential tenancy terms; or

              (ii)     an occupancy fee payable under the occupancy agreement;

              (i)     an order directing payment out of any amount paid into the ACAT as appropriate;

        (j)     an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the applicant for the order;

        (k)     an order—

              (i)     declaring the premises abandoned; and

              (ii)     if the abandoned premises are a manufactured home or mobile home in a residential park and the ACAT considers that the premises are not fit for human habitation—directing the operator of the park how the premises may be disposed of;

Note     An operator of a residential park in which a manufactured home or mobile home is abandoned can only dispose of the home under the Uncollected Goods Act 1996

, s 24A if the ACAT has made an order under par (j).

        (l)     an order correcting a defective termination notice;

        (m)     any other order the ACAT considers appropriate including declaratory orders in relation to a matter in this Act.

    (2)     The ACAT may make an order under subsection (1) (l) only if satisfied that the defective termination notice did not, and is not likely to, place the person receiving the notice in a significantly worse position than the person would have been in had the notice not been defective.

Note 1     The ACT Civil and Administrative Tribunal Act 2008

, s 56 sets out other orders that the ACAT may make.

Note 2     The ACAT may make interim orders (see ACT Civil and Administrative Tribunal Act 2008

, s 53).