Residential Tenancies Act 1997

This section applies if—

the Magistrates Court has made a protection order; and

the respondent is a party to a residential tenancy agreement in relation to premises; and

the protected person under the order—

is also a party to the residential tenancy agreement; or

has been living in the premises as the protected person’s home but is not a party to the agreement; and

either—

the order includes an exclusion condition or a condition prohibiting the respondent from being within a particular distance from the protected person; or

the respondent has given an undertaking to the court to leave the premises.

The protected person may apply to the ACAT for any of the following orders:

an order terminating the existing residential tenancy agreement;

an order—

terminating the existing residential tenancy agreement; and

requiring the lessor of the premises to enter into a residential tenancy agreement with the protected person and any other person mentioned in the application;

an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the lessor.

Each of the following is a party to a proceeding on the application:

the protected person;

the lessor;

the respondent;

any other existing tenants.

In this section:

exclusion condition—

in relation to a protection order under the Family Violence Act 2016—see that Act, section 39 (4); or

in relation to a protection order under the Personal Violence Act 2016—see that Act, section 31 (4).