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Residential Tenancy Act 1997 (No. 82 of 1997)
Requested:  24 May 2013
Consolidated as at:  11 Jan 2005

45. Order for vacant possession

      (1) [Section 45 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner may apply to the Court for delivery of vacant possession of residential premises by the tenant if a notice to vacate in respect of the premises has taken effect and vacant possession has not been delivered to the owner.

      (2) [Section 45 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner is to serve on the tenant a copy of an application under subsection (1) a reasonable time before the application is heard.

      (3) [Section 45 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that vacant possession be delivered to the owner if satisfied that –

(a) a notice to vacate the premises was properly given; and

(b) the reason for serving the notice to vacate was genuine or just; and

(c) vacant possession was not delivered to the owner; and

(d) the tenant was served with a copy of the application.

      (4) An order under subsection (3) is to specify the date on which it takes effect.

      (5) A notice to vacate is properly given if –

(a) the notice states the information required under section 44; and

(b) the tenant was served with the notice; and

(c) [Section 45 Subsection (5) amended by No. 67 of 2003, s. 21, Applied:05 Mar 2004] .  .  .  .  .  .  .  .  

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