Order for tenancy against person with superior title
81 Order for tenancy against person with superior title
This section applies to a person who is or was in possession of residential premises as —
a tenant under a residential tenancy agreement; or
a tenant holding over after termination of a residential tenancy agreement,
at a time when proceedings for the recovery of possession of the premises had been commenced before a court by a person (the plaintiff) who is not the lessor under the agreement.
A person to whom this section applies may apply for an order under this section and such an application may be made to —
the court before which the proceedings are pending; or
if the proceedings have been completed or possession has been recovered — a competent court,
within a reasonable time after the applicant was given notice of the proceedings or, if no notice was given, within a reasonable time after the recovery of possession of the residential premises.
The court may, on such an application, and if it thinks it appropriate to do so in the special circumstances of the case, make an order vesting a tenancy over the residential premises in the applicant.
The tenancy is to be held of the plaintiff, and on such terms and conditions as the court thinks fit, having regard to the circumstances of the case.
Such an application or order may be made, even though —
notice was not given to the applicant of the proceedings brought by the plaintiff; or
the proceedings brought by the plaintiff have been completed or possession of the residential premises has been recovered by the plaintiff.
[Section 81 inserted: No. 60 of 2011 s. 79.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.