Defending an Eviction - What if the Hearing goes ahead without me?

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If you do not turn up at the hearing the tribunal has several options under s44, however it is not likely to adjourn the matter.

If the landlord argues against adjournment and the member is satisfied that the landlord has grounds for eviction, the hearing is likely to go ahead and orders made in your absence (s 44(2)(d)).

If you do not agree with these orders when you receive notice of them, you can apply to have them set aside (s 56(c)). The member can decide to
rehear your application, but it would be essential that you could satisfy the member on 2 matters:

  • Why you did not turn up to the first hearing, and
  • Why you should not be evicted.

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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