Ending a tenancy agreement - Repossession of premises

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If a tenant does not move out on or before the date the tenancy terminates (this is the date in thenotice of termination), the landlord can apply to the Commissioner or the Court for an order for possession which will allow them to enter the premises.

The landlord cannot use force to make a tenant leave the premises, and the landlord cannot enter the premises to recover possession of the property without an order from either the Commissioner or the Court.

If the landlord obtains an order for possession the tenant will be given up to a maximum of 5 business days to move out. If leaving the premises will cause severe hardship to the tenant, and they can demonstrate this to the Commissioner or the Court, the order of possession may be suspended for up to 90 days.

In making such an order the Commissioner or the Court will take the following matters into account:

  • whether the tenant has caused a nuisance to neighbouring residents or damage to neighbouring property;
  • any incidents relating to the tenancy that have occurred whilst the tenant was there;
  • the seriousness of the breach which entitles the landlord to the order of possession; and
  • whether the tenant is able to pay the rent under the tenancy agreement.

If the order of possession is suspended and the tenant does not pay rent within 7 days, the landlord must give the tenant another 7 days notice before the tenancy agreement is terminated.

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