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RESIDENTIAL TENANCIES ACT 1997 - SECT 91W

Tribunal orders

    (1)     On an application under section 91V(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing residential rental agreement.

    (1A)     On an application under section 91V(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—

        (a)     terminating the existing residential rental agreement; and

        (b)     requiring the residential rental provider to enter into a new residential rental agreement with the person and other persons (if any) referred to in the application.

    (1B)     For the purposes of subsection (1), the matters are—

        (a)     the specified person or that person's dependent children would be likely to suffer severe hardship if the residential rental agreement were not terminated; and

        (b)     the hardship suffered by the specified persons would be greater than any hardship the residential rental provider would suffer if the order were made; and

        (c)     if a renter of the rented premises is excluded from the rented premises under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing residential rental agreement; and

        (d)     it is reasonable to do so given the interests of any other renters (other than any excluded renter) under the existing residential rental agreement and, in particular, whether the other renters support the specified person's application.

    (2)     For the purposes of subsection (1A), the matters are—

        (a)     the specified person and other persons (if any) could reasonably be expected to comply with the duties of a renter under a residential rental agreement to which this Act applies; and

        (b)     the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the premises; and

        (c)     the hardship suffered by the specified person would be greater than any hardship the residential rental provider would suffer if the order were made; and

        (d)     if a renter of the rented premises is excluded from the rented premises under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing residential rental agreement; and

        (e)     it is reasonable to do so given the interests of any other renters (other than any excluded renter) under the existing residential rental agreement and, in particular, whether the other renters support the specified person's application.

    (3)     In determining an application under section 91V(1), the Tribunal must take into account the following matters in relation to family violence or personal violence

        (a)     whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person;

        (b)     if an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the person—

              (i)     whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and

              (ii)     if there is a notice or an order in effect, whether a renter of the rented premises is excluded from the rented premises under the notice or order;

        (c)     any prescribed matters;

        (d)     any other matter the Tribunal considers relevant.

    (4)     If the Tribunal makes an order under subsection (1A), the new residential rental agreement—

        (a)     is subject to the same rent and frequency of rent payments as the existing residential rental agreement; and

        (b)     if the existing residential rental agreement is a fixed term agreement, runs for a term not longer than the remainder of that fixed term; and

        (c)     otherwise, is on the same terms and conditions as the existing residential rental agreement, subject to any changes the Tribunal determines.

    (5)     If the Tribunal makes an order under subsection (1), the Tribunal must specify the date on which the existing residential rental agreement terminates.

    (6)     If the Tribunal makes an order under subsection (1A), the existing residential rental agreement is terminated on the signing of the new residential rental agreement.

    (7)     If the Tribunal makes an order under subsection (1) or (1A), it may also make the following order—

        (a)     an order that the residential rental provider or that person's agent must ensure that the specified person has access to the rented premises or former rented premises to remove the person's goods;

        (b)     an order that the residential rental provider or that person's agent must not list information about the specified person on a residential tenancy database within the meaning of Part 10A.

    (8)     In this section—

"specified person" means a person specified in  section 91V(2).

S. 91X 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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