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RESIDENTIAL TENANCIES ACT 1997 - SECT 234

Reduction of fixed term tenancy agreement

    (1)     On the application of a party to a fixed term tenancy agreement, the Tribunal may make an order—

        (a)     reducing the term of the agreement by a period stated in the order; and

        (b)     making any variations to the terms of the agreement that are necessary because of the reduction of the term.

    (2)     The Tribunal may only make an order under this section if it is satisfied that, because of an unforeseen change in the applicant's circumstances, the severe hardship which the applicant would suffer if the term of the agreement were not reduced would be greater than the hardship which the other party would suffer if the term were reduced.

S. 234(2A) inserted by No. 52/2008 s. 263.

    (2A)     Without limiting subsection (2), the Tribunal may be satisfied the applicant has experienced an unforeseen change in the applicant's circumstances that will cause the applicant to suffer severe hardship for the purposes of that subsection if—

        (a)     the applicant is a tenant under the fixed term tenancy agreement; and

        (b)     the applicant—

S. 234(2A) (b)(i) amended by Nos 53/2010 s. 221(Sch. item 9.7), 53/2016 s. 120.

              (i)     is excluded from the rented premises the subject of the agreement under a family violence intervention order, non‑local DVO made by a court that is a recognised DVO or personal safety intervention order; or

S. 234(2A) (b)(ii) amended by Nos 53/2010 s. 221(Sch. item 9.7), 53/2016 s. 120.

              (ii)     is a protected person under a family violence intervention order, non-local DVO made by a court that is a recognised DVO or personal safety intervention order and is seeking to reduce the term of the agreement to protect their own safety or the safety of their children.

    (3)     In making an order under this section, the Tribunal may determine the compensation (if any) to be paid by the applicant for the order to the other party because of the reduction in the term of the tenancy agreement.

Pt 6 Div. 1 Subdiv. 2A (Heading and ss 234A, 234B) inserted by No. 19/2019 s. 147.

Subdivision 2A—Termination of tenancy agreement because of coercion or deception of SDA resident

S. 234A inserted by No. 19/2019 s. 147.



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