Residential Tenancies Act 1997

On application by a lessor, the ACAT may make a termination and possession order in relation to premises occupied under a fixed term agreement if satisfied that—

the lessor would suffer significant hardship if the ACAT did not make the order; and

that hardship would be greater than the hardship the tenant would suffer if the ACAT made the order.

If—

the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and

the ACAT is satisfied that—

the lessor would suffer significant hardship if the agreement were not terminated within 8 weeks after the making of the decision to terminate; and

that hardship would be greater than the hardship the tenant would suffer if the agreement were terminated within 8 weeks after that day;

the ACAT must—

specify the day, less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and

give the tenant the notice of the proposed termination that is reasonable in the circumstances.

If—

the ACAT decides to terminate a residential tenancy agreement in accordance with this section; and

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

the ACAT must—

taking into consideration the need to comply with paragraph (d), specify the day, not less than 8 weeks after the making of the decision to terminate, when the termination is to happen; and

give the tenant no less than 8 weeks notice of the proposed termination.