RESIDENTIAL TENANCIES ACT 1995 - SECT 93
RESIDENTIAL TENANCIES ACT 1995 - SECT 93
(1) If a residential
tenancy is terminated by notice of termination under this Act or, in the case
of a tenancy under which the South Australian Housing Trust is landlord, under
the residential tenancy agreement, the landlord may apply to the Tribunal for
an order for possession of the premises.
Note—
The landlord may not make the application if the notice of termination is
ineffectual under section 92A.
(2) If the Tribunal is
satisfied that the tenancy has been terminated, the Tribunal may make an order
for possession of the premises.
(3) The order for
possession will take effect on a date specified by the Tribunal in the order,
being a date not more than seven days after the date of the order unless the
operation of the order for possession is suspended 1 .
(4) However, if the
Tribunal, although satisfied that the landlord is entitled to an order for
possession of the premises, is satisfied by the tenant that the grant of an
order for immediate possession of the premises would cause severe hardship to
the tenant, the Tribunal may—
(a)
suspend the operation of the order for possession for up to 90 days; and
(b)
extend the operation of the residential tenancy agreement until the landlord
obtains vacant possession of the premises from the tenant.
(4a) In extending the
operation of the residential tenancy agreement, the Tribunal may make
modifications to the agreement that it considers appropriate (but the
modifications cannot reduce the tenant's financial obligations under the
agreement).
(5) If the tenant
fails to comply with an order for possession, the landlord is entitled to
compensation for any loss caused by that failure.
(6) The Tribunal may,
on application by the landlord, order the tenant to pay to the landlord
compensation to which the landlord is entitled under subsection (5).
Note—