Defending an Eviction - How long can I stay in the property?

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You are entitled to remain in the premises until ACAT makes a TPO ordering that the tenancy ends on a specific date.

So, if you intend to defend the eviction, you may remain in the premises after the date specified in the landlord’s notice to vacate. If the landlord applies to the tribunal, the hearing will take place after the notice period has ended.

A word of warning
If you remain in the premises after the hearing and after the date specified by the tribunal in a TPO, the landlord may seek compensation from you under s 56. This could amount to rent for the period you remain in premises after the tenancy is terminated, and the reasonable costs the landlord incurs in seeking a warrant for your eviction.

The landlord’s application to ACAT
When a landlord applies to ACAT for a TPO, the landlord is called the Applicant and the tenant is called the Respondent.

When the landlord's application for the TPO is received by the ACAT registry, they will send a copy of the whole application to the tenant, including the tenancy agreement and various letters or other evidence lodged by the landlord. The registry will also send a Notice to Respondent, which gives the date and time of the hearing and a date by which the tenant should submit a defence.

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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