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RESIDENTIAL TENANCIES ACT 1987 - SECT 65 Suspension or refusal of orders for termination

This legislation has been repealed.

RESIDENTIAL TENANCIES ACT 1987 - SECT 65

Suspension or refusal of orders for termination

65 Suspension or refusal of orders for termination

(1) The Tribunal may suspend the operation of an order for possession of residential premises (other than premises which are part of the landlord's principal place of residence) for a specified period if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused to the landlord and the tenant by the suspension.
(1A) The Tribunal may, as a condition of the suspension of the operation of an order for possession, require the tenant to pay to the landlord an occupation fee specified by the Tribunal for the period for which the order for possession is suspended.
(2) Notwithstanding section 64, the Tribunal may refuse to make an order terminating an agreement and an order for possession under that section if it is satisfied:
(a) that the landlord was wholly or partly motivated to give notice of termination by the fact that:
(i) the tenant had applied or proposed to apply to the Tribunal for an order,
(ii) the tenant had complained to a governmental authority or had taken some other action to secure or enforce his or her rights as a tenant, or
(iii) an order of the Tribunal was in force in relation to the landlord and the tenant,
(b) that in the case of a notice given by the landlord on the ground of a breach of the residential tenancy agreement by the tenant--the tenant has remedied the breach, or
(c) that in the case of a notice given by the landlord on the ground that the landlord has entered into a contract for the sale of the residential premises--the sale is not proceeding.
(3) In this section, a reference to a tenant includes a reference to a person who has applied to the Tribunal for an order under section 35 (which relates to the recognition of certain persons as tenants).