AustLII Tasmanian Consolidated Acts

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FAMILY VIOLENCE ACT 2004 - SECT 17

Issue of replacement residential tenancy agreement

(1)  In this section –
original agreement means a residential tenancy agreement in relation to residential premises referred to in subsection (2) ;
replacement agreement means a residential tenancy agreement established under subsection (1A)(b) or (c) .
(1A)  If the person against whom an FVO is to be made is a tenant of residential premises occupied by an affected person, a court may make an order under section 16 to –
(a) terminate the original agreement; or
(b) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the affected person and any other party who was a party to the terminated agreement, other than the person against whom the FVO is to be made; or
(c) terminate the original agreement and establish a new residential tenancy agreement for the benefit of the person against whom the FVO is to be made and any other party who was a party to the terminated agreement, other than the affected person.
(2)  A replacement agreement is to have the same terms and conditions, other than the names of the tenants, as the original agreement.
(3)  Where the original agreement was for a fixed term, the date of expiry of the replacement agreement is to be the same as that of the original agreement.
(3A)  Where a court has made an order terminating a residential tenancy agreement and establishing a new residential tenancy agreement and a security deposit has been paid as required under the Residential Tenancy Act 1997 in respect of the original agreement, the court may make an order stating that the deposit in respect of the original agreement is the security deposit in respect of the replacement agreement.
(3B)  If an order is made under subsection (3A)  –
(a) the owner of the residential property may not require any further security deposit in respect of the replacement agreement; and
(b) no disbursement or refund of the security deposit is payable under the Residential Tenancy Act 1997 on the termination of the original agreement; and
(c) on the termination of the replacement agreement, the security deposit is to be disbursed or refunded as if it were the termination of the original agreement.
(4)  Before an order is made under this section, any person having an interest in the residential premises is entitled to appear and be heard in relation to the matter.



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