Div 1ATermination following death of sole tenant

Division 1A—Termination following death of sole tenant 79B—Termination following death of sole tenant (1) Subject to subsection (2), if the sole tenant of premises subject to a residential tenancy agreement dies, the tenancy terminates 30 days after the death of the tenant. (2) If, within 30 days of the death of the tenant— (a) a notice of termination is given under subsection (3) or (4); or (b) an order of the Tribunal is made under subsection (5); or (c) the landlord and the administrator of the deceased tenant's estate or, in the absence of an administrator, the next of kin of the deceased tenant (the relevant person) make an agreement in writing; or (d) vacant possession of the premises is given to the landlord, the tenancy terminates on— (e) the day specified in the notice of termination; or (f) the day specified in the order of the Tribunal; or (g) the day agreed by the landlord and the relevant person; or (h) the day on which vacant possession is given, (whichever is the earliest). (3) The relevant person may, by notice in writing given to the landlord, terminate the residential tenancy agreement on the day specified in the notice on the ground that the tenant has died. (4) The landlord may, by notice in writing given to the relevant person, terminate the residential tenancy agreement on the day specified in the notice on the ground that the tenant has died. (5) If the landlord is unable to locate a relevant person for a deceased tenant, the landlord may apply to the Tribunal for the following orders: (a) an order to terminate the residential tenancy agreement on a specified day; (b) an order for possession of the premises the subject of the agreement on a specified day, and the Tribunal may make such orders. (6) If the residential tenancy agreement is for a fixed term, the day specified in a notice of termination or an order of the Tribunal under this section may be earlier than the last day of that term. (7) In this section— sole tenant of premises to which a residential tenancy agreement applies means a person— (a) who is the only tenant under the agreement; and (b) if the person has dependants—whose dependants are not in occupation of the premises. Division 2—Termination by the landlord 80—Notice of termination by landlord on ground of breach of agreement (1) If the tenant breaches a residential tenancy agreement, the landlord may give the tenant a written notice in the form required by regulation— (a) specifying the breach; and (b) informing the tenant that if the breach is not remedied within a specified period (which must be a period of at least seven days) from the date the notice is given then— (i) the tenancy is terminated by force of the notice; and (ii) the tenant must give up possession of the premises on or before a day specified in the notice (which, subject to subsection (2)(c), must be at least seven days after the end of the period allowed for the tenant to remedy the breach). (2) If notice is given under this section on the ground of a failure to pay rent— (a) the notice is ineffectual unless the rent (or any part of the rent) has remained unpaid in breach of the agreement for not less than 14 days before the notice was given; and (b) the notice is not rendered ineffectual by failure by the landlord to make a prior formal demand for payment of the rent; and (c) the day specified in the notice for the tenant to give up possession of the premises if the rent is not paid in accordance with the terms of the notice can be any day after the day on which the tenancy is terminated under the notice1; and (d) if the tenant gives up possession of the premises— (i) the landlord is entitled to compensation for any loss (including loss of rent) caused by the termination of the tenancy (but the landlord must take reasonable steps to mitigate any loss and is not entitled to compensation for loss that could have been avoided by those steps); and (ii) the Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this paragraph. (2a) For the purposes of subsection (2)(d), the regulations may make provision in relation to the matters to which regard must be had in determining whether a landlord has taken reasonable steps to mitigate any loss. (3) If notice is given under this section in respect of a residential tenancy agreement that creates a tenancy for a fixed term, the notice is not ineffectual because the day specified as the day on which the tenant is to give up possession of the premises is earlier than the last day of that term. (4) The tenant may at any time after receiving a notice under this section and before giving vacant possession to the landlord, apply to the Tribunal for an order— (a) declaring that the tenant is not in breach of the residential tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or (b) reinstating the tenancy. (5) If the Tribunal is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy (or would be just and equitable to reinstate the tenancy if the conditions of the order were complied with), the Tribunal may make an order reinstating the tenancy. (6) An order reinstating the tenancy under this section may be made on conditions that the Tribunal considers appropriate. (7) On an application for an order reinstating the tenancy, the Tribunal may make alternative orders providing for reinstatement of the tenancy if specified conditions are complied with but, if not, ordering the tenant to give up possession of the premises to the landlord. 1 Ie the requirement to give the tenant at least seven days to give up possession of the premises if the tenant remains in default does not apply. 80A—Termination by landlord on ground of drug contamination A landlord may, by notice of termination given to the tenant, terminate a residential tenancy if— (a) the landlord is aware that the tenant has engaged in, or allowed another person to engage in, drug related conduct on the premises or ancillary property; and (b) testing for contamination conducted in accordance with section 67B indicates that the premises or ancillary property are contaminated as a result of that drug related conduct. 81—Termination because possession is required by landlord for certain purposes (1) A landlord may, by notice of termination given to the tenant, terminate a periodic residential tenancy on the ground that— (a) the landlord requires possession of the premises for demolition; or (b) the landlord requires possession of the premises for repairs or renovations that cannot be carried out conveniently while the tenant remains in possession of the premises; or (c) the landlord requires possession of the premises for— (i) the landlord's own occupation; or (ii) occupation by the landlord's spouse, child or parent; or (iii) occupation by the spouse of the landlord's child or parent; or (d) the landlord has entered into a contract for the sale of the premises under which the landlord is required to give vacant possession of the premises; or (e) the landlord requires possession of the premises for a purpose prescribed by regulation. (2) The period of notice given under subsection (1) must be at least 60 days or a period equivalent to a single period of the tenancy (whichever is the longer). (2a) A tenant to whom a notice is given under subsection (1)— (a) may give up possession of the premises prior to the end of the period of notice specified in subsection (2); and (b) will not be liable to pay rent after either of the following days: (i) if the tenant gives the landlord at least 7 days written notice of the tenant's intention to give up possession of the premises—the day on which possession is given up; (ii) if the tenant gives the landlord less than 7 days written notice of the tenant's intention to give up possession of the premises—the 7th day after notice is given to the landlord. (3) A person must not falsely state the ground of termination in a notice of termination given, or purportedly given, under this section. (4) A landlord who recovers possession of premises under this section must not, without the consent of the Tribunal, let the premises to a person for use primarily as a residence before the end of 6 months after the date on which the notice under subsection (1) was given. 82—Termination of residential tenancy by community housing providers with members who are tenants (a) a registered community housing provider is a landlord under a residential tenancy agreement; and (b) it is a requirement that the occupant of the premises be a member of the registered community housing provider, the registered community housing provider may, by notice of termination given to the tenant, terminate the residential tenancy on the ground that— (c) the tenant has ceased to be a member of the registered community housing provider; or (d) the tenant no longer satisfies conditions specified in the agreement as essential to the continuation of the tenancy. (2) The period of notice under this section must be at least 28 days. 83—Termination by landlord on ground prescribed (1) Subject to this Part, a landlord may, by notice of termination given to the tenant, terminate the tenancy on any ground prescribed by the regulations. (a) a tenancy cannot be terminated under this section if— (i) it is for a fixed term; or (ii) a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice applies in respect of the premises; or (iii) an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced; and (b) a registered community housing provider cannot terminate a tenancy with a member of the registered community housing provider under this section where it is a requirement that the occupant of the premises be a member of the registered community housing provider. (3) The period of notice under this section must be at least 90 days. 83A—Notice to be given at end of fixed term (1) A landlord may, by notice of termination given to the tenant, terminate a residential tenancy agreement for a fixed term at the end of the fixed term on any ground prescribed by the regulations. (2) The period of notice under subsection (1) must be at least 60 days. (3) A tenant to whom a notice of termination is given under this section— (a) may give up possession of the premises before the end of the fixed term; and (b) will not be liable to pay rent after either of the following days: (i) if the tenant gives the landlord at least 7 days written notice of the tenant's intention to give up possession of the premises—the day on which possession is given up; (ii) if the tenant gives the landlord less than 7 days written notice of the tenant's intention to give up possession of the premises—the 7th day after notice is given to the landlord. (4) However, subsection (3) does not apply if the notice of termination is on a ground prescribed by the regulations for the purposes of this subsection. 83B—Termination where agreement frustrated (1) A landlord may, by notice of termination given to the tenant, terminate a residential tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the premises or a substantial portion of the premises— (a) have been destroyed or rendered uninhabitable; or (b) have ceased to be lawfully usable for residential purposes; or (c) have been acquired by compulsory process. (2) A notice given under subsection (1)(a) or (b) may terminate the agreement immediately. (3) A notice given under subsection (1)(c) must provide for a period of notice of at least 60 days. 84—Tribunal must approve certain terminations (a) premises to which a residential tenancy agreement applies— (i) have, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2016 in connection with the administration or enforcement of that Act; or (ii) are subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or (b) an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced, the landlord may only terminate the tenancy by notice of termination under this Part if— (c) the notice of termination is given on— (i) the ground of a breach of a residential tenancy agreement of a kind for which a notice of termination may be effected under section 80; or (ii) a ground of termination of a periodic residential tenancy specified in section 81(1); or (iii) any other ground prescribed by the regulations for the purposes of this subsection; and (d) the Tribunal authorises the notice of termination. (2) The Tribunal may authorise a notice of termination under this section if satisfied of the genuineness of the proposed ground on which the notice is to be given. (3) This section does not apply to a notice of termination given by the landlord— (a) to terminate a residential tenancy agreement for a fixed term at the end of the fixed term; or (b) for a failure to pay rent lawfully owed to the landlord. (4) This section does not apply if a notice to vacate applies in respect of the premises. 84A—Compensation for termination in certain circumstances (1) If a landlord reasonably incurs costs or expenses of a kind determined by the Commissioner in connection with the termination of a residential tenancy agreement in prescribed circumstances— (a) the landlord is entitled to compensation for the costs or expenses; and (b) the Tribunal may, on application by the landlord, order the tenant to pay to the landlord compensation to which the landlord is entitled under this subsection. (2) Subsection (1) does not apply in prescribed circumstances. Division 3—Termination by tenant 85—Notice of termination by tenant on ground of breach of the agreement (1) If the landlord breaches a residential tenancy agreement, the tenant may give the landlord a written notice, in the form required by regulation— (a) specifying the breach; and (b) informing the landlord that if the breach is not remedied within a specified period (which must be a period of at least seven days) from the date the notice is given the tenancy is terminated by force of the notice from a date that is also specified in the notice (which must be at least seven days after the end of the period allowed for the landlord to remedy the breach). (2) The landlord may, before the time fixed in the tenant's notice for termination of the tenancy or the tenant gives up possession of the premises (whichever is the later), apply to the Tribunal for an order— (a) declaring that the landlord is not in breach of the residential tenancy agreement, or has remedied the breach of the agreement, and that the tenancy is not liable to be terminated under this section; or (b) reinstating the tenancy. (3) If the Tribunal is satisfied that a tenancy has been validly terminated under this section, but that it is just and equitable to reinstate the tenancy (or would be just and equitable to reinstate the tenancy if the conditions of the order were complied with), the Tribunal may make an order reinstating the tenancy. (3a) An order reinstating the tenancy under this section may be made on conditions that the Tribunal considers appropriate. 85AA—Notice of termination by tenant for successive breaches of agreement (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if the landlord— (a) breaches a provision of the agreement; and (b) on 2 previous occasions in the period of 12 months before the giving of the notice, has been in breach of the same provision. (2) A notice under this section must specify the breach referred to in subsection (1)(a) and the minimum period of notice under this section is 7 days. 85A—Termination by tenant if residential premises for sale (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) within 2 months after the start of the agreement, the landlord enters into a contract for the sale of the residential premises; and (b) the landlord did not, before the residential tenancy agreement was entered into, advise the tenant as required under section 47A. (2) A notice of termination under subsection (1) must, if the landlord has given written notice advising the tenant of the contract for the sale of the residential premises (whether in accordance with section 71A(2) or otherwise), be given to the landlord within 2 months after the day on which the notice was given to the tenant. 85B—Notice of termination by tenant due to condition of premises (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy— (a) if the premises do not comply with the prescribed minimum housing standards under the Housing Improvement Act 2016; or (b) if the premises are destroyed totally or to such an extent as to be rendered unsafe; or (c) in prescribed circumstances. (2) The minimum period of notice under this section is 7 days. 85C—Notice of termination by tenant in certain circumstances (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) the tenant requires care of a kind prescribed by the regulations and needs to vacate the premises in order to obtain that care; or (b) the tenant has been offered and accepted accommodation by the South Australian Housing Trust, a subsidiary of the South Australian Housing Trust or a community housing provider registered under the Community Housing Providers National Law; or (c) the tenant requires prescribed temporary crisis accommodation and needs to vacate the premises in order to obtain that accommodation. (2) The minimum period of notice under this section is 7 days. 85D—Notice of termination by tenant on ground of domestic abuse (1) The tenant under a residential tenancy agreement may, by notice of termination given to the landlord, terminate the tenancy if— (a) an intervention order is in force against a prescribed person for the protection of the tenant or a domestic associate of the tenant who normally or regularly resides at the premises; or (b) the tenant or a domestic associate of the tenant who normally or regularly resides at the premises is in any other circumstances of domestic abuse of a kind prescribed by the regulations for the purposes of this section. (2) A notice given under subsection (1) must— (a) be accompanied by evidence of a prescribed kind; and (b) specify a termination date that is on or after the day on which the notice is given and, in the case of a fixed term agreement, may specify a day before the end of the fixed term. (3) A person who is in possession of a document provided as evidence under subsection (2)(a) must ensure that the document is stored and disposed of securely. (4) A person must not use or disclose a document, or information contained in a document, provided as evidence under subsection (2)(a) except— (a) with the consent of the person to whom the document or information relates; or (b) for the purposes of referring the matter to a law enforcement agency, or a person or agency exercising official duties under an Act relating to the care or protection of a child; or (c) if the disclosure is reasonably necessary for the protection of the lawful interests of the person disclosing the document or information. (5) A document, or information contained in a document, disclosed under subsection (4) for a particular purpose must not be used for any other purpose by— (a) the person to whom the document or information was disclosed; or (b) any other person who gains access to the document or information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure. 86—Termination by tenant without specifying a ground of termination (1) The tenant under a residential tenancy agreement for a periodic tenancy may, by notice of termination given to the landlord, terminate the tenancy without specifying a ground of termination. (2) The minimum period of notice under this section is 21 days or a period equivalent to a single period of the tenancy (whichever is longer). 86A—Notice to be given at end of fixed term (1) The tenant under a residential tenancy agreement for a fixed term may, by notice of termination given to the landlord, terminate the tenancy at the end of the fixed term without specifying a ground of termination. (2) The period of notice under this section must be at least 28 days. 86B—Termination where agreement frustrated (1) A tenant may, by notice of termination given to the landlord, terminate a residential tenancy agreement on the ground that, otherwise than as a result of a breach of the agreement, the premises or a substantial portion of the premises— (a) have been destroyed or rendered uninhabitable; or (b) have ceased to be lawfully usable for residential purposes; or (c) have been acquired by compulsory process. (2) A notice given under subsection (1) may terminate the agreement immediately. Division 4—Termination by the Tribunal 87—Termination on application by landlord (1) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the tenant has committed a breach of the residential tenancy agreement; and (b) the breach is sufficiently serious to justify termination of the tenancy1. (1a) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the tenant has failed to pay rent in breach of the residential tenancy agreement; and (b) on at least 2 occasions in the 12 month period preceding the breach— (i) the tenant was given a notice under section 80 of a breach of the agreement on the ground of a failure to pay rent; and (ii) the notice was not ineffectual within the meaning of section 80(2). (1b) On an application under subsection (1a), the Tribunal may make alternative orders providing for the tenant to comply with specified conditions in relation to the payment of rent under the agreement. (2) The Tribunal may, on application by a landlord, terminate a residential tenancy and make an order for immediate possession of the premises if the tenant or a person permitted on the premises with the consent of the tenant has, intentionally or recklessly, caused or permitted, or is likely to cause or permit— (a) serious damage to the premises; or (b) personal injury to— (i) the landlord or the landlord's agent; or (ii) a person in the vicinity of the premises. 1 A tenancy may be terminated by a notice under section 80 if the tenant fails to remedy a breach after being required to do so by the landlord. This alternative procedure may be appropriate if (for example) the breach is not capable of remedy. 88—Termination on application by tenant The Tribunal may, on application by a tenant, terminate a residential tenancy and make an order for possession of the premises if satisfied that— (a) the landlord has committed a breach of the residential tenancy agreement; and (b) the breach is sufficiently serious to justify termination of the tenancy1. 1 A tenancy may be terminated by a notice under section 85 if the landlord fails to remedy a breach after being required to do so by the tenant. This alternative procedure may be appropriate if (for example) the breach is not capable of remedy. 89—Termination based on hardship (1) If the continuation of a residential tenancy would result in undue hardship to the landlord or the tenant, the Tribunal may, on application by the landlord or the tenant, terminate the agreement from a date specified in the Tribunal's order and make an order for possession of the premises as from that day. (2) The Tribunal may also make an order compensating a landlord or tenant for loss and inconvenience resulting, or likely to result, from the early termination of the tenancy. 89A—Termination based on domestic abuse (1) The Tribunal may, on application by a tenant or a co‑tenant, terminate a residential tenancy from a date specified in the Tribunal's order if satisfied— (a) that an intervention order is in force against a person who resides at the residential premises for the protection of— (ii) a domestic associate of the applicant who normally or regularly resides at the residential premises; or (b) that a person who resides at the residential premises has committed domestic abuse against— (ii) a domestic associate of the applicant who normally or regularly resides at the residential premises. (2) The Tribunal may, on application by a landlord, terminate a residential tenancy from a date specified in the Tribunal's order if satisfied— (a) that an intervention order is in force against a tenant for the protection of a person who normally or regularly resides at the residential premises; or (b) that a tenant has committed domestic abuse against a person who normally or regularly resides at the residential premises. (3) For the purposes of an application under this section, the following persons are parties to proceedings concerning the tenancy dispute: (a) the applicant; (b) the landlord; (c) a tenant or co‑tenant; (d) if the application is made under subsection (2)—the person who normally or regularly resides at the residential premises for whose protection an intervention order is in force or against whom domestic abuse has been committed. (4) The Tribunal may, on application by a party to proceedings under this section, make 1 or more of the following additional orders: (a) subject to this section, an order requiring the landlord to enter into a new residential tenancy agreement for the remainder of the term of the tenancy with any 1 or more of the following: (i) the applicant or a co‑tenant under the terminated agreement; (ii) a person who normally or regularly resides at the residential premises for whose protection an intervention order is in force against a tenant or against whom a tenant has committed domestic abuse; (b) an order that the landlord may enter the residential premises at a time determined by the Tribunal to inspect the premises before a determination is made under this section; (c) an order for possession of the premises on a date specified by the Tribunal; (d) if the Tribunal is satisfied that— (i) the applicant did not cause or reasonably cause a breach of the residential tenancy agreement; or (ii) the nature of any breach of the residential tenancy agreement resulted from an act of abuse or domestic abuse against the applicant, an order that the landlord, landlord's agent or a database operator must not list the applicant's personal information in a residential tenancy database under section 99F(1). (5) The Tribunal must not make an order under subsection (4)(a) requiring the landlord to enter into a new residential tenancy agreement with— (a) the person referred to in subsection (1)(a) or (2)(a) against whom an intervention order is in force; or (b) the person referred to in subsection (1)(b) whom the Tribunal is satisfied has committed domestic abuse against an applicant or a domestic associate of the applicant who normally or regularly resides at the residential premises; or (c) the person referred to in subsection (2)(b) whom the Tribunal is satisfied has committed domestic abuse against an applicant, if the landlord indicates, as part of proceedings before the Tribunal, that the landlord considers it would be unreasonable for such an order to be made. (6) Before making an order under subsection (4)(a), the Tribunal must be satisfied— (a) that any tenant or co‑tenant under the new residential tenancy agreement could reasonably be expected to comply with the obligations under the agreement; and (b) in a case where the landlord is the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust—that any tenant under the new residential tenancy agreement meets the eligibility requirements of the Trust; and (c) in a case where— (i) the landlord is a community housing provider registered under the Community Housing Providers National Law; and (ii) the residential premises constitute community housing within the meaning of that Law, that any tenant under the new residential tenancy agreement meets the eligibility requirements for such community housing and any membership or other requirements of the landlord associated with occupation of those premises. (7) If the landlord or any co‑tenant objects to an application for the making of an order under subsection (1) or (4)(a), the Tribunal must not make the order unless satisfied that the hardship likely to be suffered by the applicant or a domestic associate of the applicant who normally or regularly resides at the residential premises would, if the order were not made, be greater than any hardship likely to be suffered by the objector as a consequence of the making of the order. (8) A new residential tenancy agreement entered into by order of the Tribunal under subsection (4)(a) must be on the same terms and conditions as the terminated tenancy agreement, subject to any changes determined by the Tribunal. (9) In considering an application under this section, the Tribunal must have regard to such of the following orders and proceedings (if any) as are relevant to the application: (a) an order, injunction, undertaking, plan, recognisance or other form of obligation imposed or agreement made under the Family Law Act 1975 of the Commonwealth; (d) a pending application for an order referred to in paragraph (a), (b) or (c); (10) If a residential tenancy is terminated under this section because of an intervention order in force against a co‑tenant under the residential tenancy agreement, or because a co‑tenant under the agreement has committed domestic abuse, the Tribunal may order the co‑tenant to make a payment of compensation to the landlord for loss and inconvenience resulting, or likely to result, from the termination of the tenancy or from any additional order made under subsection (4). (11) If the Tribunal finds, in relation to a residential tenancy that is terminated under this section, that 1 or more, but not all, of the co‑tenants under the residential tenancy agreement are responsible for damage to the residential premises or ancillary property, the Tribunal may determine that the responsible co‑tenant or co‑tenants are liable (to the exclusion of other co‑tenants) for making any payment of compensation ordered under section 110(1)(c). (12) If 1 or more, but not all, of the co‑tenants under a residential tenancy agreement are liable under subsection (10) or (11) for making a payment of compensation, the Tribunal may give a direction under section 110(1)(i) that— (a) the bond (if any) be paid to the landlord and any co‑tenant who is not liable for making the payment under subsection (10) or (11) (as the case may be) in such proportions as the Tribunal thinks fit; and (b) if the amount of bond payable to a landlord is limited under a direction under paragraph (a)—a co‑tenant who is liable for making the payment under subsection (10) or (11) (as the case may be) is liable to pay the remaining amount of the bond payable to the landlord (or if there is more than 1 co‑tenant liable for making the payment, that the co‑tenants are liable to pay the remaining amount of the bond payable to the landlord in such proportions as the Tribunal thinks fit). 90—Tribunal may terminate tenancy if tenant's conduct unacceptable (1) The Tribunal may, on application by an interested person, terminate a residential tenancy and make an order for possession of the premises if it is satisfied that the tenant has— (a) used the premises, or caused or permitted the premises to be used, for an illegal purpose; or (b) caused or permitted a nuisance; or (c) caused or permitted an interference with the reasonable peace, comfort or privacy of another person who resides in the immediate vicinity of the premises. (2) If the Tribunal terminates a tenancy and makes an order for possession under this section— (a) the Tribunal must specify the day as from which the order will operate, being not more than 28 days after the day on which the orders are made; and (b) the Tribunal may order the landlord— (i) to take such action as is specified in the order for the purpose of taking possession of the premises; and (ii) not to permit the tenant to occupy the premises (whether as a tenant or otherwise) for a specified period or until further order (and any agreement entered into in contravention of such an order is void). (2a) However— (a) the Tribunal must not make an order under this section unless the landlord has been given a reasonable opportunity to be heard in relation to the matter; and (b) if the landlord objects to the making of an order under this section, the Tribunal must not make an order unless the Tribunal is satisfied that exceptional circumstances exist justifying the making of the order in any event. interested person means— (a) the landlord; or (b) a person who has been adversely affected by the conduct of the tenant on which the application is based; or (c) a strata corporation or community corporation representing the interests of persons who have been adversely affected by the conduct of the tenant on which the application is based; or (d) a police officer; or (e) an authorised officer within the meaning of the Fair Trading Act 1987. (4) If an application relating to a tenant is, or is to be, made under this section by an authorised officer within the meaning of the Fair Trading Act 1987, the authorised officer may refer the application to the Commissioner of Police. (5) As soon as reasonably practicable following referral of an application under subsection (4), the Commissioner of Police must make available to the authorised officer information to which the Commissioner of Police has access relevant to the application (unless the Commissioner of Police considers there is good reason for withholding the information).