PROPERTY LAW ACT 1974 - SECT 145 Hearing and determination

PROPERTY LAW ACT 1974 - SECT 145

145 Hearing and determination

(1) At the hearing and upon proof of—

(a) the tenancy; and

(b) the expiry or determination, by notice to terminate or demand of possession, of the tenancy; and

(c) the lawful right of the landlord as against the defendant to possession; and

(d) the failure of the defendant to deliver up possession; and

(e) (where the defendant does not appear in person or by counsel or solicitor) due service of the summons upon the defendant a reasonable time (being in no case less than 7 days) before the time appointed for the defendant’s appearance;

it shall be lawful for the court, unless the defendant appears and shows to its satisfaction reasonable cause why such a warrant should not be issued, or the court is otherwise satisfied that there is such cause, to order that a warrant be issued against the defendant requiring and authorising any person to whom it is addressed to take and give possession of the land the subject of the complaint to the landlord or, where the complaint was made by an agent, the agent.

(2) Where a defendant does not, at least 3 days before the day on which the defendant is required by the summons to appear, give written notice to the clerk of the court before which the defendant is summoned to appear, that the defendant wishes to appear to answer the complaint, and proof is made to the court upon oath, or by deposition made in manner prescribed by the Justices Act 1886 , or by admission of the defendant, of due service of the summons upon the defendant a reasonable time (being in no case less than 7 days) before the time appointed for the defendant’s appearance, then—

(a) an affidavit or affidavits, made by some person or persons having personal knowledge of the facts deposed to and deposing to all or any of the matters prescribed in subsection (1) , shall, until the contrary is shown, be accepted by the court as prima facie evidence of all or, as the case may be, each of such matters; and

(b) the court shall hear and determine the matter of the complaint upon all the evidence properly adduced at the hearing or any adjourned hearing of the complaint, including any evidence adduced by or on behalf of the defendant, and any further evidence (which the complainant shall be at liberty to adduce) in rebuttal or in support of the complaint.