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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 11 Dec 2013|
|Consolidated as at: 11 Jan 2005|
41. Order of termination
(1) [Section 41 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A party to a residential tenancy agreement may apply to the Court for an order that the agreement be terminated on any of the following grounds:
(a) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has intentionally or recklessly caused or permitted, or is likely to intentionally or recklessly cause or permit, serious damage to
(i) the residential premises or contents of those premises; or
(ii) any neighbouring premises;
(b) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has caused physical injury, or is likely to cause physical injury, to that party or a person occupying neighbouring premises.
(2) [Section 41 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the Court is satisfied as to any of the grounds referred to in subsection (1), the Court may order
(a) that the residential tenancy agreement is terminated on a specified date without notice; and
(b) that vacant possession of the residential premises is to be delivered to the owner on that day.