Residential Tenancies Act 1997

On application by a lessor, the ACAT may make a termination and possession order if satisfied that—

the tenant purported, in contravention of the standard residential tenancy terms, to—

consent to a person to become a co-tenant; or

assign or sublet the premises; and

the purported co-tenancy, assignment or subletting was not in accordance with a term of the residential tenancy agreement endorsed by the ACAT; and

the lessor served a termination notice on the tenant on the basis of the purported co-tenancy, assignment or subletting; and

the premises have not been vacated.

Even though the ACAT is satisfied about the matters mentioned in subsection (1) (a), (b) and (c), the ACAT may, if satisfied that it is appropriate to do so—

if the purported co-tenant, assignee or sublessee vacates the premises—refuse the application for a termination and possession order; or

make a termination and possession order contingent on the failure of the purported co-tenant, assignee or sublessee to vacate the premises by a day specified in the order, by which the purported co-tenant, assignee or sublessee has undertaken to vacate the premises; or

make a termination and possession order but suspend the operation of the order for a specified period of no more than 3 weeks from the date of making the order if—

the purported co-tenant, assignee or sublessee would suffer significant hardship if the ACAT made a termination and possession order that took effect within the specified period after the making of the order; and

that hardship would be greater than the hardship the lessor would suffer if the ACAT made the order and it did not come into effect within that period.