Australian Capital Territory Numbered Acts

JUSTICE AND COMMUNITY SAFETY LEGISLATION AMENDMENT ACT 2023 (NO 3) (NO. 57 OF 2023) - SECT 43

substitute

107     (1)     This clause applies if—

        (a)     the housing commissioner provides temporary housing assistance to the tenant under an approved housing assistance program because the tenant is a remaining occupant in the premises after a former tenant has stopped living in the premises because they—

              (i)     have died; or

              (ii)     are physically unable to live in the premises; or

              (iii)     are legally unable to live in the premises; or

              (iv)     no longer wish to live in the premises; and

        (b)     the housing commissioner decides that the tenant is not eligible for ongoing housing assistance under an approved housing assistance program.

    (2)     The housing commissioner may give the tenant—

        (a)     if the housing commissioner makes the decision before the tenant's temporary housing assistance ends—at least 26 weeks notice to vacate the premises; or

        (b)     if the housing commissioner makes the decision after the tenant's temporary housing assistance ends—at least 12 weeks notice to vacate the premises.

    (3)     If the housing commissioner gives the tenant a notice to vacate under this clause, the tenant may vacate the premises at any time before the date stated in the housing commissioner's notice to vacate provided the tenant gives the housing commissioner—

        (a)     at least 2 weeks notice of the tenant's intention to vacate; or

        (b)     in the last 2 weeks before the housing commissioner's notice to vacate date—at least 4 days notice of the tenant's intention to vacate.