107Right to possession not lost by forfeiture of head tenancy

107 Right to possession not lost by forfeiture of head tenancy (1) A person is not entitled, whether under a contract for the purchase of residential premises or a mortgage or otherwise than under this Act, to take possession of residential premises subject to a tenancy agreement so as to defeat the tenant's right to possession under the tenancy agreement, unless an order for possession of the premises is made by the Tribunal. (2) An order for possession of premises under subsection (1) may not be made in respect of a tenancy agreement that is for: (a) a period of less than 12 months; or (b) if a longer period is prescribed – the longer period. (3) If a person is entitled to possession of residential premises as against a person who granted a tenancy, the Tribunal may, on the application of an interested person, vest the landlord's interest under the tenancy agreement in the person who would, but for the agreement, be entitled to possession of the premises so that the tenant holds the premises directly from that person as landlord. (4) An order may be made under subsection (3) on the terms and conditions the Tribunal thinks fit.