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Residential Tenancies Act 1997
49Failure to pay rent—termination and possession order
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49 Failure to pay rent—termination and possession order
(a) a tenant has failed to pay rent that has become payable under a
(b) the lessor has served a termination notice on the tenant because
of the tenant’s failure to pay rent; and
(c) the tenant has not vacated the premises in accordance with the
notice.
(2) The lessor may apply to the ACAT for a termination and possession
(3) The ACAT may—
(a) make a termination and possession order; or
(b) make a payment order; or
(c) refuse to make a termination and possession order or payment
order if—
(i) the tenant has paid any rent that has become payable and
is, in the ACAT’s opinion, reasonably likely to pay future
rent as it becomes payable; and
(ii) the ACAT considers it just and appropriate to do so.
(4) If the ACAT makes a termination and possession order, it may
suspend the order for a stated period of not more than 3 weeks if
satisfied that—
(a) were the order not suspended for the stated period, the tenant
would suffer significant hardship; and
would be suffered by the lessor if the order were suspended for
the stated period.