Residential Tenancies Act 1986

66 Reduction or termination of fixed-term tenancy

(1)

On application by a party to a fixed-term tenancy, the Tribunal may make an order reducing the term of the tenancy by a period stated in the order, and making such variations in the terms of the tenancy as are necessary because of the reduction of the term, where it is satisfied that, because of an unforeseen change in the applicant’s circumstances, the severe hardship which the applicant would suffer if the term of the tenancy were not reduced would be greater than the hardship which the other party to the tenancy would suffer if the term were reduced.

(2)

Where the Tribunal makes an order under subsection (1), the Tribunal may order that the applicant pay to the other party an amount determined by the Tribunal by way of reasonable compensation for any loss or damage to the other party which would result from the reduction in the term of the tenancy.

(3)

On an application by a tenant who is a party to a fixed-term tenancy, the Tribunal may make an order terminating the tenancy if the Tribunal is satisfied that the tenant has received a notice of a rent increase that—

(a)

is substantial; and

(b)

is of an amount that the tenant could not reasonably foresee when he or she entered into the tenancy agreement; and

(c)

has caused, or will cause, serious hardship.

(4)

On an application by a tenant who is party to a fixed-term tenancy of premises held in a stratum estate under the Unit Titles Act 2010, the Tribunal may make an order terminating the tenancy if satisfied that—

(a)

the tenant is adversely affected by a change to the body corporate operational rules made under that Act; and

(b)

because of that change, it would be unreasonable to require the tenant to continue with the tenancy.

Compare: Residential Tenancies Act 1980 s 113 (Vic)

Section 66: replaced, on 1 May 1996, by section 27 of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 66 heading: amended, on 1 October 2010, by section 48(1) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 66(2): amended, on 1 October 2010, by section 48(2) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 66(3): inserted, on 1 October 2010, by section 48(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 66(4): inserted, on 1 October 2010, by section 48(3) of the Residential Tenancies Amendment Act 2010 (2010 No 95).