(1)  An owner may apply to the Court for delivery of vacant possession of residential premises by the tenant if a notice to vacate in respect of the premises has taken effect and vacant possession has not been delivered to the owner.

(2)  An owner is to serve on the tenant a copy of an application under subsection (1) a reasonable time before the application is heard.

(3)  The Court may order that vacant possession be delivered to the owner if satisfied that –

(a) a notice to vacate the premises was properly given; and

(b) the reason for serving the notice to vacate was genuine or just; and

(c) vacant possession was not delivered to the owner; and

(ca) where the premises are social housing and the reason for serving the notice is a reason referred to in section 42(1)(da) , (db) or (dc) , vacating the premises would not result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant; and

(d) the tenant was served with a copy of the application.

(3A)  The Commissioner may issue guidelines setting out the circumstances in which vacating premises is to be taken to result in unreasonable financial disadvantage, or unreasonable social disadvantage, to a tenant.

(3B)  Guidelines, if any, issued under subsection (3A) may be taken into account in considering whether, for the purposes of this section, vacating premises would result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant.

(4)  An order under subsection (3) is to specify the date on which it takes effect.

(5)  A notice to vacate is properly given if –

(a) the notice states the information required under section 44 (even if the statement of the date on which the notice takes effect is incorrect because of the operation of section 43(3B) or (3C) ); and

(b) the tenant was served with the notice; and

(c) .  .  .  .  .  .  .  .