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Residential Tenancies Act 1997
54Purported co-tenancy, assignment or subletting
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54 Purported co-tenancy, assignment or subletting
(a) the tenant purported, in contravention of the standard residential
tenancy terms, to—
(i) consent to a person to become a co-tenant; or
(ii) assign or sublet the premises; and
(b) the purported co-tenancy, assignment or subletting was not in
accordance with a term of the residential tenancy agreement
endorsed by the ACAT; and
(c) the lessor served a termination notice on the tenant on the basis
of the purported co-tenancy, assignment or subletting; and
(d) the premises have not been vacated.
(2) Even though the ACAT is satisfied about the matters mentioned in
subsection (1) (a), (b) and (c), the ACAT may, if satisfied that it is
appropriate to do so—
(a) if the purported co-tenant, assignee or sublessee vacates the
premises—refuse the application for a termination and
possession order; or
(b) make a termination and possession order contingent on the
failure of the purported co-tenant, assignee or sublessee to
vacate the premises by a day specified in the order, by which the
purported co-tenant, assignee or sublessee has undertaken to
vacate the premises; or
(c) make a termination and possession order but suspend the
operation of the order for a specified period of no more than 3
weeks from the date of making the order if—
(i) the purported co-tenant, assignee or sublessee would suffer
significant hardship if the ACAT made a termination and
possession order that took effect within the specified
period after the making of the order; and
would suffer if the ACAT made the order and it did not
come into effect within that period.