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Residential Tenancy Act 1997 (No. 82 of 1997)
|Requested: 28 May 2015|
|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] . . . . . . . .