s 49C

Hearing of application—failure to comply with payment order

In force

(1)

After considering an application under section 49B and hearing the parties who attend the hearing, the ACAT must—

(a)

make a termination and possession order; or

(b)

refuse to make a termination and possession order.

(2)

If the ACAT makes a termination and possession order, the ACAT—

(a)

must direct the registrar to issue a warrant for the eviction of the tenant; and

(b)

may make an order to pay any unpaid rent that is payable.

(3)

If the ACAT refuses to make a termination and possession order, the ACAT may—

(a)

confirm the payment order; or

(b)

make another payment order; or

(c)

set aside the payment order.

(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.

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