ACTIn ForceAct
Residential Tenancies Act 1997
35EBecoming a co-tenant under existing residential tenancy agreement—
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35E Becoming a co-tenant under existing residential tenancy agreement—
social housing dwelling and crisis accommodation 50
35EA Becoming a co-tenant at start of consecutive tenancy agreement 51
35F Payment of bond by new co-tenant 51
35FA Payment of bond by new co-tenant—consecutive tenancy agreement 52
35G ACAT orders—co-tenancy matters 52
Part 4 Termination of residential tenancy
36 Termination 55
37 Entry for eviction purposes 57
38 General duty to mitigate 57
39 Content of termination and possession orders 58
40 Content of warrant 58
41 Warrant—termination and possession order 59
43 Breach of standard residential tenancy terms 59
44 Significant hardship 60
45 Damage, injury or intention to damage or injure 62
45A Threats, harassment, intimidation or abuse by lessor etc 62
46 False or misleading statements 64
46AA Termination of agreement for failure to comply with minimum housing
standards 64
46A Termination of agreement for aged care or social housing needs 65
46B Termination of fixed term agreements if premises for sale 66
Division 4.3A Termination initiated by tenant—termination for family
violence
46C Definitions—div 4.3A 67
46D Termination for family violence 67
46E Sole tenancies—effect of serving family violence termination notice 68
46F Co-tenancies—lessor to give notice to other co-tenants and Territory 69
46G Co-tenancies—effect of serving family violence termination notice 69
46H Lessor not to require other information 70
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contents 5
46I Competent person declaration 70
46J Offence—using or disclosing information in supporting documents
without authorisation 71
46K Supporting documents to be securely stored or destroyed 72
46L ACAT not to decide if family violence happens 72
46M Offences—giving false or misleading information 73
47 No breach of standard residential tenancy terms 73
48 Certain breaches of standard residential tenancy terms 76
49 Failure to pay rent—termination and possession order 78
49A Failure to pay rent—payment order 79
49B Failure to comply with payment order 80
49C Hearing of application—failure to comply with payment order 81
50 Significant hardship 82
51 Damage, injury or intention to damage or injure 84
51A Threats, harassment, intimidation or abuse by tenant 84
52 False or misleading statements 86
53 Employer-provided accommodation 87
54 Purported co-tenancy, assignment or subletting 88
55 Repudiation without vacation 89
55A Affected residential premises 89
55B Eligible impacted property 90
56 Compensation to lessor 90
57 Retaliatory applications 91
58 Lessor’s defective termination notice if tenant vacates 92
59 Lessor’s defective termination notice if tenant does not vacate 93
60 Tenant’s defective termination notice 93
61 Effect of abandonment 94
61A Lessor may enter premises to confirm abandonment 94
62 Abandonment during fixed term 95
63 Abandonment during periodic agreement 96
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contents 6 Residential Tenancies Act 1997