10Endorsement of inconsistent tenancy terms by ACAT

10 Endorsement of inconsistent tenancy terms by ACAT (1) The parties to a residential tenancy agreement may apply in writing to the ACAT for endorsement of a term of the agreement (the inconsistent term) that is inconsistent with a standard residential tenancy term. (2) If the parties apply for endorsement of the inconsistent term, the ACAT must do 1 of the following: (a) endorse the inconsistent term; (b) substitute the equivalent standard residential tenancy term for the inconsistent term.

(3) In making a decision under subsection (2), the ACAT must consider— (a) the criteria determined under subsection (6); and (b) whether the inclusion of the inconsistent term in the residential tenancy agreement was obtained by fraud or undue influence. (4) The ACAT must not endorse a term that is inconsistent with this Act (other than a standard residential tenancy term). (5) The ACAT must not endorse a term mentioned in section 15 (5) in relation to a tenant unless satisfied that the tenant owes an amount to the housing commissioner. (6) The Minister may determine criteria for subsection (3) (a). (7) A determination is a disallowable instrument.