s 59
In forceLessor’s defective termination notice if tenant does not vacate
Part 4Termination of residential tenancy agreements
Division 4.5Defective termination notices
59 Lessor’s defective termination notice if tenant does not vacate
(1)
This section applies if—
(a)
a lessor purports to give a termination notice to a tenant; and
(b)
the notice is a defective termination notice for any reason, other than because it is not given in accordance with this Act.
(2)
The lessor may apply to the ACAT for—
(a)
an order correcting the defect; and
(b)
a termination and possession order.
(3)
The ACAT must not make an order under subsection (2) unless satisfied that the defective termination notice did not, and is not likely to, place the tenant in a significantly worse position than the tenant would have been in had the notice not been a defective termination notice.
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