New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 2A

2A Restrictions upon recovery of possession

(1) No proceedings in the Supreme Court for possession, or action of ejectment in a District Court for recovery of any land or part of any land from the tenant or any person claiming under him or her who is actually occupying such land or part shall be commenced by the landlord if the land is or includes a dwelling-house and:

(a) where the term or interest of such tenant or person has not expired or been determined, if:

(i) such tenant or person is liable to the payment of rent, and

(ii) such rent does not exceed twenty-five dollars twenty cents per week, or an equivalent sum calculated in respect of any other period, or

(b) where the term or interest of such tenant or person has expired or been determined, if:

(i) such tenant or person was immediately before the expiration or determination of such term or interest liable to the payment of rent, and

(ii) such rent did not immediately before such expiration or determination exceed twenty-five dollars twenty cents per week or an equivalent sum calculated in respect of any other period.

(2) In any case where by reason only of the provisions of subsection (1) a landlord is precluded from commencing any action or proceedings referred to in that subsection, he or she may take proceedings, under Part 4 for the recovery of possession of the land concerned and the provisions of that Part shall where applicable apply, mutatis mutandis, to any such proceedings.

(3) A writ of possession to enforce a judgment for possession of land which is or includes a dwelling-house shall not be issued out of the Supreme Court until such time as the Court having regard to any hardship that will be caused to the defendant by the enforcement of the judgment shall order.