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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  3 Sep 2014
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.


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