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Residential Tenancies Act 1997
58Lessor’s defective termination notice if tenant vacates
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58 Lessor’s defective termination notice if tenant vacates
(a) the lessor purports to give a termination notice to a tenant; and
(2) The residential tenancy agreement terminates on the day the tenant
(3) If a tenant vacates premises in accordance with a defective
termination notice (other than a notice that was defective because it
was not given to the tenant in accordance with this Act), the former
tenant may apply to the ACAT for either or both of the following
orders:
(a) an order for compensation for wrongful eviction;
(b) an order for reinstatement as tenant in possession of the
(4) The ACAT must not make an order mentioned in subsection (3) (b)
unless satisfied that—
(a) the premises are vacant; and
(b) the lessor has not entered into a residential tenancy agreement
with another tenant; and
Defective termination notices Division 4.5
(c) it is appropriate to make the order.