Long‑stay tenant’s protection against holder of superior title
70 Long‑stay tenant’s protection against holder of superior title
The State Administrative Tribunal must not make an order for recovery of possession of agreed premises unless the tribunal is satisfied —
that the person has a right to possession of the agreed premises under this Act or another written law; and
as to whether or not a person has possession of the agreed premises as a long‑stay tenant under a long‑stay agreement or as a former tenant holding over after the termination of a long‑stay agreement, not being the immediate tenant or former tenant of the applicant for the order; and
if so, that the tenant or former tenant has had reasonable notice of the application.
A person who has possession of the agreed premises as described in subsection (1) may apply to the State Administrative Tribunal for an order vesting a tenancy of the agreed premises in the person.
An application under subsection (2) may be made within a reasonable time after the person has notice of the proceedings for the recovery of possession, or notice of the making of the order for recovery of possession, as the case may be.
The State Administrative Tribunal may make an order vesting the tenancy in the applicant on such terms and conditions as the tribunal thinks appropriate.
[Section 70 amended: No. 28 of 2020 s. 65.]
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