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Legislative Assembly for the ACT: 2001 Week 3 Hansard (6 March) . . Page.. 725 ..
114B Confirmation of contested termination
(1) If the tenant applies to the Magistrates Court under section 114A to contest the termination of the lease by the lessor, the court may confirm the termination if satisfied that-(a) a ground (the termination ground ) exists for the lessor to terminate the lease; and
(b) the act or omission that gave rise to the termination ground (the breach ) is an act or omission of the tenant or a subtenant; and
(c) the lessor had given the tenant notice of the breach and a reasonable opportunity to remedy it; and
(d) the termination ground justifies confirming the termination.
(2) Without limiting what is a reasonable opportunity under subsection (1) (c), the tenant is taken to have been given a reasonable opportunity to remedy the breach of an obligation to pay an amount if the tenant is allowed 14 days to pay the amount.
(3) However, the Magistrates Court may refuse to confirm the termination even if satisfied about the matters mentioned in subsection (1) if-
(a) the breach has been remedied; or
(b) the tenant gives an undertaking that the tenant will remedy the breach within 14 days.
(4) The Magistrates Court may suspend the order confirming the termination for not longer than 21 days if satisfied that-
(a) the immediate operation of the order would cause significant hardship to the tenant; and
(b) the hardship to the tenant would be greater than the hardship that the suspension would cause to the lessor.
(5) The Magistrates Court may suspend the order under subsection (4) only once.
_Toc483717564">114C Confirmation of uncontested termination
(1) This section applies if-(a) the lessor has given the tenant a termination notice under section 114A (1) (Procedure for termination of lease by lessor etc); and
(b) the tenant has not contested the termination, or agreed to the termination, under section 114A (2).
Note Under the Interpretation Act 1967, s 17A (Service of documents), a document (for example, the termination notice) is taken to have been given to someone (for example, the tenant) if it is sent by prepaid post to the address of the person last-known to the giver.
(2) The lessor may apply to the Magistrates Court for confirmation of the termination.
(3) The Magistrates Court may confirm the termination if it considers that the termination is reasonable in the circumstances.
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