New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 35

35 Recognition of certain persons as tenants

(1) A person who is occupying residential premises may:

(a) on the death of the tenant under a residential tenancy agreement to which the premises are subject, or

(b) if the tenant no longer occupies the premises,

apply to the Tribunal to be recognised as a tenant under the agreement or to be joined as a party to any proceedings before the Tribunal relating to the premises, or both.

(2) An application by a person to be recognised as a tenant may be made at the same time as any other application or during proceedings before the Tribunal or independently of any such other application or proceedings.

(3) The Tribunal may, on application by a person under this section:

(a) make an order recognising the person as a tenant under a residential tenancy agreement and the person shall be deemed, for the purposes of this or any other Act and of the agreement, to be a tenant under the agreement, or

(b) make an order joining the person as a party to proceedings,

or both.

(4) The Tribunal may, if a person has made an application to be recognised as a tenant and if it thinks it appropriate to do so in the circumstances, make an order vesting a tenancy over the residential premises in the person on such of the terms and conditions that applied under the previous residential tenancy agreement for the premises as are in its opinion, having regard to the circumstances of the case, appropriate.