Termination of agreement where lessor or tenant would otherwise suffer undue hardship
74 Termination of agreement where lessor or tenant would otherwise suffer undue hardship
A competent court may, upon application by the lessor or tenant under a residential tenancy agreement, terminate the agreement, if it is satisfied that the lessor or tenant would, in the circumstances of the case, suffer undue hardship if the lessor or tenant were required to terminate the agreement under any other provision of this Act.
Where a court terminates a residential tenancy agreement under this section, it —
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
may make such other orders as to compensation of the tenant or lessor 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: No. 50 of 1988 s. 18; No. 59 of 2004 s. 120 and 121; No. 60 of 2011 s. 73 and 88.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.