Residential Tenancies Act 1997

On application by a tenant, the ACAT may terminate a residential tenancy agreement if satisfied that—

the lessor has breached the standard residential tenancy terms; and

the breach of the standard residential tenancy terms was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and

the breach justifies the termination of the tenancy.

If—

the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and

the ACAT is satisfied that—

the tenant would suffer significant hardship if the agreement were not terminated within 2 weeks after the making of the decision to terminate; and

that hardship would be greater than the hardship the lessor would suffer if the tenancy were terminated within 2 weeks after that day;

the ACAT must order that the agreement be terminated at a specified time within 2 weeks after the making of the decision to terminate the tenancy.

If—

the ACAT decides to terminate a residential tenancy agreement in accordance with subsection (1); and

the ACAT is not satisfied in relation to the matters mentioned in subsection (2) (b);

the ACAT must order that the agreement be terminated at a specified time not less than 2 weeks after the making of the decision to terminate.