Residential Tenancies Act 1997

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

conduct that is threatening, intimidating, harassing or abusive;

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

The lessor may apply to the ACAT for a termination and possession order.

The lessor must, not later than 14 days before making an application under subsection (2), give the tenant written notice that includes the details of the conduct mentioned in subsection (1) that the lessor believes the tenant has engaged in.

On receiving an application for a termination and possession order, the registrar must list the hearing before the ACAT not earlier than 21 days after the day the lessor gives the tenant notice in accordance with subsection (3).

The ACAT may make—

a termination and possession order if satisfied that—

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

at least 21 days has passed since the lessor gave the tenant notice in accordance with subsection (3); and

it is appropriate to make the order; and

any other order the ACAT considers appropriate.

If the ACAT makes a termination and possession order under subsection (5) (a), the ACAT may suspend the operation of the termination and possession order for a stated period of not more than 21 days if satisfied that—

the tenant would suffer significant hardship if the operation of the order was not suspended for the period; and

the tenant’s hardship would be greater than the hardship that would be suffered by the lessor if the operation of the order was not suspended for the period; and

it is appropriate to suspend the operation of the order for the period.

In deciding whether it is appropriate to make a termination and possession order, 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 lessor or related person;

whether the conduct is likely to continue;

whether the tenant 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 tenant or another person living at the premises 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);

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

the effect of the conduct on the lessor;

whether any other order under this Act is reasonably available;

any other matter the ACAT considers relevant.

In this section:

an agent or representative of the lessor; or

a family member of the lessor.