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RESIDENTIAL TENANCIES ACT 1997 - SECT 91U

Reduction or termination of fixed term residential rental agreement because of hardship

    (1)     On the application of a party to a fixed term residential rental agreement, the Tribunal may—

        (a)     make an order—

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

              (ii)     making any variations to the terms of the agreement that are necessary because of the reduction of the term; or

        (b)     make an order terminating the fixed term residential rental agreement.

    (2)     The Tribunal may only make an order under this section if 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 or terminated would be greater than the hardship which the other party would suffer if the term were reduced or the agreement terminated.

    (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—

        (a)     the reduction in the term of the residential rental agreement; or

        (b)     the termination of the fixed term residential rental agreement.

Subdivision 3—Termination and new residential rental agreements because of family violence or personal violence

S. 91V inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).



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