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s 60

Tenant’s defective termination notice

In force
Part 4Termination of residential tenancy agreements
Division 4.5Defective termination notices

60 Tenant’s defective termination notice

(1)

This section applies if—

(a)

a tenant purports to give a termination notice to the lessor; and

(b)

the notice is a defective termination notice; and

(c)

the tenant vacates the premises in accordance with the defective termination notice.

(2)

The residential tenancy agreement terminates on the day the tenant vacates the premises.

(3)

On application by the former lessor, the ACAT may make an order for compensation for the former tenant’s abandonment of the premises.

(4)

However, the ACAT may only make the order if satisfied the former lessor is in a significantly worse position because of the defective termination notice than the former lessor would have been had the notice not been defective.

Division 4.6 Abandonment of premises

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