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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 688 ..
PART 5 - Attorney-General's amendment to his amendment No. 1 to Mr Rugendyke's amendment No 4
Amendment to proposed new section 107AA.Delete subclause (7), insert new subclause (7).
"Section 51 does not apply if the tenant has accepted an offer expressed to be made under section 107AA.".
PART 6 - Attorney-General to Leader of the Opposition's amendments
1
Proposed new division 12.2
New clause 107C-
After proposed new clause 107B, insert the following new clause:107C Abandonment
(1) If the tenant abandons the premises, the lease terminates on abandonment.(2) If the tenant abandons the premises before the end of the lease, the lessor may apply to the Magistrates Court for-
(a) an order declaring the lessor's right to enter the premises to recover possession of them; and
(b) compensation for any damage caused to the lessor because of the abandonment, including the reasonable costs of advertising the premises for lease and of giving a right to occupy the premises to someone else.
(3) In working out the amount of compensation that may be awardedunder this section in relation to costs, the Magistrates Court must have regard to-
(a) when, apart from the abandonment, the lease would have ended; and
(b) whether the lessor would have incurred the costs at the end of the lease.
(4) The lessor is not entitled to be compensated under this section for a loss that could reasonably have been avoided by the lessor.
(5) This section does not limit any right of the lessor to enter abandoned premises without a declaration under subsection (2) (a).
Example of when lessor may enter abandoned premises without declaration
As a reasonable response to an emergency situation.
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