Residential Tenancies Act 1997

This section applies if a lessor applies to the ACAT for a termination and possession order under section 49 (2).

Instead of making a termination and possession order, the ACAT may make an order (a payment order) requiring the tenant to pay 1 or both of the following:

the rent, or a stated part of the rent, that has become payable;

future rent as it becomes payable.

The ACAT must not make a payment order unless satisfied—

the tenant is reasonably likely to make the payments required under the order; and

if the payment order does not include a requirement to pay rent, or a stated part of rent, that has become payable as mentioned in subsection (2) (a)—

the lessor has made more than 2 applications for a termination and possession order under section 49 (2) in the 12‑month period immediately before the day the ACAT makes the order; and

it is in the interests of justice to do so.

If the ACAT makes a payment order for part of the rent that has become payable, the ACAT may also make an order under section 83 (1) (c) for payment of the remaining part.

A payment order—

expires on the date stated in the order (which must not be more than 1 year after the day the order is made); and

must state that if the tenant fails to comply with the payment order, the lessor may apply for a termination and possession order under section 49B.

On application to the ACAT, an order under this section may be varied if—

both parties agree to the variation; and

the variation does not postpone the expiry date of the order; and

the ACAT considers it just and appropriate to vary the order.