ACTIn ForceAct
Residential Tenancies Act 1997
49CHearing of application—failure to comply with payment
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49C Hearing of application—failure to comply with payment
order
(1) After considering an application under section 49B and hearing the
parties who attend the hearing, the ACAT must—
(a) make a termination and possession order; or
(b) refuse to make a termination and possession order.
(2) If the ACAT makes a termination and possession order, the ACAT—
(a) must direct the registrar to issue a warrant for the eviction of the
tenant; and
(b) may make an order to pay any unpaid rent that is payable.
(3) If the ACAT refuses to make a termination and possession order, the
ACAT may—
(a) confirm the payment order; or
(b) make another payment order; or
(c) set aside the payment order.
(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.