105Tribunal may suspend order for possession

105 Tribunal may suspend order for possession (1) If the Tribunal is satisfied that the landlord is entitled to an order for possession of the premises but that the making of an order for immediate possession of the premises would cause severe hardship to the tenant, the Tribunal may: (a) suspend the operation of the order for up to 90 days; and

Residential Tenancies Act 1999 68 (b) extend the operation of the tenancy agreement until the landlord obtains vacant possession of the premises from the tenant or the tenant fails to pay rent within 7 days after the rent is due. (2) The Tribunal may only make an order under subsection (1): (a) if the following matters are taken into account: (i) whether the tenant has, during the tenancy, caused a nuisance or threatened or harassed neighbouring residents or visitors within the locality of the premises to which the tenancy relates or caused damage to their property; (ii) incidents relating to the tenancy that have occurred during the period of the tenancy agreement; (iii) the seriousness of the breach entitling the landlord to the order for possession; (iv) whether an unacceptable risk would be posed to neighbouring residents or visitors within the locality of the premises to which the tenancy relates, or the property of the residents or visitors, if the order for possession was to be suspended; and (b) if satisfied that there are no circumstances that make it likely that the tenant will be unable to pay all outstanding and future rent in relation to the premises. (3) In extending the operation of the tenancy agreement, the Tribunal may make modifications to the agreement that the Tribunal thinks fit, other than modifications that reduce the tenant's financial obligations under the agreement. (4) If a tenancy is extended under this section and the tenant fails to pay rent within 7 days after the rent is due, the landlord may give the tenant a notice of intention to terminate at least 7 days before the date specified in the notice for termination. (5) A tenant who receives a notice under subsection (4) must, on the date specified in the notice, give up possession of the premises to the landlord.

Residential Tenancies Act 1999 69