Residential Tenancies Act 1997

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

the premises are an eligible impacted property; and

Note Eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2003, s 9A (1).

the lessor has given the tenant written notice under section 64AB (Termination—eligible impacted property) terminating the tenancy agreement; and

the tenant has not vacated the premises as required by the notice.

The ACAT may suspend the operation of the termination and possession order for a stated period of up to 3 weeks if satisfied that—

the tenant would suffer significant hardship if the order were not suspended for the stated period; and

the hardship would be greater than the hardship the lessor would suffer if the order were suspended for the stated period.