Termination of tenant’s interest by court on grounds of family violence
71AE Termination of tenant’s interest by court on grounds of family violence
In this section —
excluded tenant means a tenant against whom an order is sought or made under subsection (2);
family violence order means a DVO, Family Court injunction or other court order denying a tenant’s right of occupancy in premises under a residential tenancy agreement;
protected tenant means a tenant for whose benefit an order is sought or made under subsection (2).
Despite any other provision of this Act or another written law, or a requirement under a contract, a court may make an order terminating a tenant’s interest in a residential tenancy agreement if it is satisfied —
that a family violence order is in force against the excluded tenant; or
that the excluded tenant has, during the tenancy period, committed family violence against the protected tenant or a dependant of the protected tenant.
The court may make the order on an application by any of the following —
the excluded tenant;
a protected tenant;
a prescribed person acting on behalf of the protected tenant.
Before making the order the court must consider the following matters —
the best interests of any child ordinarily resident at the premises;
the best interests of the protected tenant, including, if the premises under the residential tenancy agreement are social housing premises, the ability of the tenant to meet any eligibility criteria for those premises;
the effect the order might have on the lessor and any tenants other than the protected tenant;
the effect the order might have on any pets kept on the premises;
the fact that perpetrators of family violence might seek to misuse the protections offered to tenants and lessors under this Act to further their violence and the need to prevent that misuse.
The court is to have regard to the matter set out in subsection (4)(a) as being of primary importance.
The order takes effect on a day specified in the order, being a day that is not less than 7 days and not more than 30 days after the order is made.
The court may make the order in proceedings under this Act or the Act under which the family violence order is made.
[Section 71AE inserted: No. 3 of 2019 s. 18.]
This provision refers to the regulations (prescribed person
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.