Residential Tenancies Act 1997

This section applies if a tenant believes that the lessor has engaged in any of the following conduct against a tenant or related person:

conduct that is threatening, intimidating, harassing or abusive;

conduct that the tenant or related person is reasonably likely to find threatening, intimidating, harassing or abusive.

The tenant may apply to the ACAT for an order terminating the residential tenancy agreement.

The tenant must, not later than 7 days before making an application under subsection (2), give the lessor written notice that includes the details of the conduct mentioned in subsection (1) that the tenant believes the lessor has engaged in.

On receiving an application under subsection (2), the registrar must list the hearing before the ACAT not earlier than 14 days after the day the tenant gives the lessor notice in accordance with subsection (3).

The ACAT may—

terminate a residential tenancy agreement if satisfied that—

the lessor has engaged in the conduct mentioned in subsection (1); and

at least 14 days has passed since the tenant gave the lessor notice in accordance with subsection (3); and

it is appropriate to make the order; and

make any other order the ACAT considers appropriate.

In deciding whether it is appropriate to terminate the agreement, the ACAT must take the following into account:

the nature, frequency and duration of the conduct;

the circumstances of the conduct, including any behaviour of the tenant or related person;

whether the conduct is likely to continue;

whether the lessor has—

stopped the conduct; or

agreed to stop the conduct and is reasonably likely to stop the conduct in accordance with the agreement;

any family violence order or protection order made against the lessor by the Magistrates Court;

any order under a law of a State or a foreign country that has the same effect, or substantially the same effect, as an order mentioned in paragraph (e);

Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

the effect of the conduct on the tenant and any related person;

whether any other order under this Act is reasonably available;

Example an order under s 83

any other matter the ACAT considers relevant.

In this section:

lessor includes an agent or representative of the lessor.

related person means—

a person who lives at the premises; or

a family member of the tenant.