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Residential Tenancies Act 1997
43Breach of standard residential tenancy terms
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43 Breach of standard residential tenancy terms
(1) On application by a tenant, the ACAT may terminate a residential
tenancy agreement if satisfied that—
(a) the lessor has breached the standard residential tenancy terms;
and
(b) the breach of the standard residential tenancy terms was not in
accordance with a term of the residential tenancy agreement
endorsed by the ACAT; and
(c) the breach justifies the termination of the tenancy.
in accordance with subsection (1); and
(i) the tenant would suffer significant hardship if the
agreement were not terminated within 2 weeks after the
would suffer if the tenancy were terminated within 2 weeks
after that day;
the ACAT must order that the agreement be terminated at a specified
time within 2 weeks after the making of the decision to terminate the
tenancy.
in accordance with subsection (1); and
(b) the ACAT is not satisfied in relation to the matters mentioned in
the ACAT must order that the agreement be terminated at a specified
time not less than 2 weeks after the making of the decision to
terminate.