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Residential Tenancies Act 1999
107Right to possession not lost by forfeiture of head tenancy
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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.