48Certain breaches of standard residential tenancy terms

48 Certain breaches of standard residential tenancy terms possession order if— (a) satisfied that— (i) the tenant has breached the standard residential tenancy terms (other than by failing to pay rent that has become payable); and (ii) the lessor has served a termination notice on the tenant based on the breach; and (iii) the tenant did not vacate the premises in accordance with the notice; and (iv) 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 (v) the breach justifies the termination of the tenancy; or (b) the ACAT— (i) has made an order under section 83 (1) (b); and (ii) is satisfied that the tenant has breached that order; and (iii) is satisfied that the breach justifies the termination of the tenancy. (2) The ACAT may, if satisfied that it is appropriate and just to do so in relation to an application mentioned in subsection (1)— (a) refuse to make a termination and possession order if— (i) the tenant has remedied the relevant breach; or (ii) the tenant undertakes to remedy the breach within a reasonable specified period and is reasonably likely to do so; or (b) make a termination and possession order but suspend it for a period of no more than 3 weeks if satisfied that— (i) were the order not suspended for a specified period of no more than 3 weeks the tenant would suffer significant hardship; and (ii) that hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the specified period. (3) For subsection (1) (a) (i), if the application is about the use of premises for an illegal purpose, the ACAT must also be satisfied that— (a) the tenant has used the premises, or permitted the premises to be used, for an illegal purpose; and (b) the illegal use justifies the termination of the tenancy. (4) For subsection (3), the matters the ACAT may consider include the following: (a) the nature of the illegal use; (b) any previous illegal use; (c) the previous history of the tenancy.