Western Australian Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 74

74 .         Termination of agreement where owner would otherwise suffer undue hardship

        (1)         A competent court may, upon application by the owner under an agreement, terminate the agreement, if it is satisfied that the owner would, in the circumstances of the case, suffer undue hardship if he were required to terminate the agreement under any other provision of this Act.

        (2)         Where a court terminates an agreement under this section, it — 

            (a)         shall also make an order for possession of the premises and shall specify a day as from which the orders shall operate that it considers is, in the circumstances of the case, appropriate; and

            (b)         may make such other orders as to compensation of the tenant for any loss caused thereby or as to any other matter that it considers is, in the circumstances of the case, appropriate.

        [Section 74 amended by No. 50 of 1988 s. 18; No. 59 of 2004 s. 120 and 121.]