Australian Capital Territory Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 59

Lessor's defective notice if tenant does not vacate

    (1)     If—

        (a)     a lessor purports to serve a termination notice on a tenant; and

        (b)     the form is not in the form approved under section 133 (Approved forms—Minister) for a termination notice or served as prescribed by regulation; and

        (c)     the tenant does not vacate the premises;

the lessor may apply to the ACAT for a waiver of the defect in the notice or in the service of the notice and for the making of a termination and possession order.

    (2)     The ACAT must not waive a defect in a termination notice or its service and make a termination and possession order unless satisfied that the defect did not, and is not likely to, place the tenant in a significantly worse position than the tenant would have been in had the notice been in, and served in, accordance with the standard residential tenancy terms.



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