44Significant hardship

44 Significant hardship (1) On application by a tenant, the ACAT may terminate a fixed term agreement in accordance with this section if satisfied that— (a) the tenant would suffer significant hardship were the agreement to continue; and

(b) the level of hardship is such that it is appropriate and just to terminate the agreement during its fixed term. Example—significant hardship Chris and Jamie share premises under a residential tenancy agreement. The Magistrates Court makes an interim order under the Family Violence Act 2016 that prohibits Chris (the respondent) from being on premises where Jamie (the protected person) lives. Jamie wishes to end the residential tenancy agreement and leave the premises. If the agreement were to continue, Jamie would suffer significant hardship. (i) the tenant would suffer significant hardship if the agreement were not terminated within 8 weeks after the would suffer if the agreement were terminated within 8 weeks after that day; (c) specify the day, less than 8 weeks after the making of the (d) give the lessor the notice of the proposed termination that is reasonable in the circumstances. (b) the ACAT is not satisfied about the matters mentioned in

(c) taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the (d) give the lessor not less than 8 weeks notice of the proposed termination.