(1) This section applies to a person (the
"occupant" ) who is an occupant of premises and who is not the tenant or a
cotenant.
(2) The occupant may apply to a tribunal for an order to be
recognised as the tenant, or a cotenant, under the agreement instead of the
tenant, or a cotenant, because the tenant or cotenant has intentionally or
recklessly caused, or is likely to intentionally or recklessly cause—
(ii) someone else occupying, or allowed on, the premises.
(3) The tribunal
may make the order if it is satisfied the occupant has established the ground
of the application.
(4) If the tribunal makes the order, it may make any
other order it considers appropriate.
Examples of orders tribunal may make—
1 an order about the application of the terms of the agreement, or other
terms, to the occupant as tenant, or as a cotenant
2 an order about any
rental bond paid for the agreement
(5) A person in whose favour an order is
made under subsection (3) is taken to be the tenant, or a cotenant, under the
agreement on the terms the tribunal orders.
(6) The tribunal may not make an
order under subsection (3) without giving the lessor an opportunity to be
heard on the application.