49AFailure to pay rent—payment order

49A Failure to pay rent—payment order (1) This section applies if a lessor applies to the ACAT for a termination and possession order under section 49 (2). (2) Instead of making a termination and possession order, the ACAT may make an order (a payment order) requiring the tenant to pay 1 or both of the following: (a) the rent, or a stated part of the rent, that has become payable; (b) future rent as it becomes payable. (3) The ACAT must not make a payment order unless satisfied— (a) the tenant is reasonably likely to make the payments required under the order; and (b) if the payment order does not include a requirement to pay rent, or a stated part of rent, that has become payable as mentioned in subsection (2) (a)— (i) the lessor has made more than 2 applications for a termination and possession order under section 49 (2) in the 12-month period immediately before the day the ACAT makes the order; and (ii) it is in the interests of justice to do so. (4) If the ACAT makes a payment order for part of the rent that has become payable, the ACAT may also make an order under section 83 (1) (c) for payment of the remaining part. (5) A payment order— (a) expires on the date stated in the order (which must not be more than 1 year after the day the order is made); and (b) must state that if the tenant fails to comply with the payment order, the lessor may apply for a termination and possession order under section 49B. (6) On application to the ACAT, an order under this section may be varied if— (a) both parties agree to the variation; and (b) the variation does not postpone the expiry date of the order; and (c) the ACAT considers it just and appropriate to vary the order.