Residential Tenancies Amendment Act 2018 (ACT)

Residential Tenancies Amendment Act 2018

A2018-20

An Act to amend the Residential Tenancies Act 1997

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Residential Tenancies Amendment Act 2018.

2. Commencement

   (1)This Act (other than sections 6, 7 and 8) commences on a day fixed by the Minister by written notice.

   Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

   Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

   (2)Sections 6, 7 and 8 commence on the day after this Act’s notification day.

3. Legislation amended

   This Act amends the Residential Tenancies Act 1997.

4. Sections 41 to 42B

   substitute

5. Warrant—termination and possession order

   On application by a lessor, the registrar must issue a warrant for the eviction of a tenant if—

   (a)the ACAT has made a termination and possession order in relation to the tenant; and

   (b)the tenant fails to vacate the premises in accordance with the order.

   NoteThe ACAT must also direct the registrar to issue a warrant for the eviction of a tenant if it makes a termination and possession order under s 49C.

6. Section 49

   substitute

7. Failure to pay rent—termination and possession order

   (1)This section applies if—

   (a)a tenant has failed to pay rent that has become payable under a residential tenancy agreement; and

   (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 order.

   (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

   (b)the tenant’s hardship would be greater than the hardship that would be suffered by the lessor if the order were suspended for the stated period.

49AFailure 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…