Page 3693 - Week 12 - Tuesday, 27 October 2015

45 Dictionary, new definitions

insert

LAIE buyback program valuation procedure—see section 214.

loose-fill asbestos insulation eradication buyback program (LAIE buyback program)—see section 213.

Part 10 Residential Tenancies Act 1997

46 Termination

New section 36 (m)

after the note, insert

(m) if a party to the agreement terminates the agreement under section 64AB because the premises are an eligible impacted property.

Note Eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2005, s 9A (1).

47 New section 55B

insert

55B Eligible impacted property

(1) On application by a lessor, the ACAT may make a termination and possession order if satisfied that—

(a) the premises are an eligible impacted property; and

Note Eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2005, s 9A (1).

(b) the lessor has given the tenant written notice under section 64AB (Termination—eligible impacted property) terminating the tenancy agreement; and

(2) The ACAT may suspend the operation of the termination and possession order for a stated period of up to 3 weeks if satisfied that—

(a) the tenant would suffer significant hardship if the order were not suspended for the stated period; and

(b) the hardship would be greater than the hardship the lessor would suffer if the order were suspended for the stated period.

48 New section 64AB

in division 4.7, insert

64AB Termination—eligible impacted property

(1) This section applies if premises that are the subject of a residential tenancy agreement are an eligible impacted property.

Note Eligible impacted property—see the Civil Law (Sale of Residential Property) Act 2005, s 9A (1).

(2) A party to the residential tenancy agreement may, by written notice to the other party, terminate the agreement.

(3) The party terminating the agreement must give the other party at least 28 working days notice of the termination.

(4) The tenancy ends on the date stated in the notice.