RESIDENTIAL TENANCIES ACT 1987 - SECT 72 Recovery of possession of residential premises prohibited except by order

This legislation has been repealed.

RESIDENTIAL TENANCIES ACT 1987 - SECT 72

72 Recovery of possession of residential premises prohibited except by order

(1) A person shall not, except in accordance with a judgment, warrant or order of a court or an order of the Tribunal, enter residential premises or any part of such premises of which another person has possession:

(a) under a residential tenancy agreement, or

(b) as a former tenant holding over after termination of a residential tenancy agreement,

for the purpose of recovering possession of the premises or part of the premises.

(1A) In the case of a residential tenancy agreement that has terminated because of the operation of section 53 (e), the mortgagee (or any person acting on behalf of the mortgagee) is not, despite subsection (1), to take possession of the residential premises before the date specified in the notice to vacate under section 71A.

(2) This section applies to a person who enters residential premises or any part of such premises, whether on his or her own behalf or on behalf of another person.

(3) A court before which proceedings for an offence under this section are brought may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the person against whom the offence was committed such compensation as it thinks fit.