Defending an Eviction - Orders

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The tribunal’s orders are binding on the parties - the member may:

  • Dismiss the landlord’s application and order that the tenancy is to continue; or
  • Where the breach is rent arrears, issue a conditional termination order (s 49(4)) that the termination is suspended on certain conditions (e.g. that the tenant repay rent arrears, in addition to rent, by instalments or within a certain time); or
  • Issue an unconditional termination order, but delay the date by which the tenant is to vacate for up to 21 days; or
  • Issue an unconditional termination order effective immediately
     

Unconditional orders will either state that if the tenant fails to vacate, the landlord can apply to ACAT registrar for a warrant for eviction, or that the order itself is effective as a warrant (s 39).

Conditional orders
Under conditional orders if the tenant fails to comply with the conditions, the landlord can apply for a warrant of eviction (s 42A). The tenant will be notified of the landlord’s application, and the matter will then be listed for hearing. The tribunal may either allow or dismiss the application for warrant. The tribunal will dismiss the application if the member is satisfied that the tenant has complied with the conditional orders. In practice, the tribunal may also dismiss the application if the member is satisfied there are compelling reasons for the tenant’s failure to comply with the orders.

Warrant of eviction
The warrant is issued by the ACAT registry and authorises the police to ensure that the landlord gains vacant possession of the premises. The warrant will specify the day and time the eviction will take place, and the police must give the tenant at least 2 days notice of that day, unless the landlord can show there are special circumstances that justify eviction without such notice (s 40).
 

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Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au