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Residential Tenancies and Rooming Accommodation Act 2008
sec.350Issue of warrant of possession
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### sec.350 Issue of warrant of possession
The owner of residential premises may apply to the tribunal for the issue of a warrant of possession if—
there is no residential tenancy agreement in effect for the premises; and
a person is occupying the premises without the consent of the owner, including, for example, a person who was a tenant under a residential tenancy agreement that has ended.
If a tribunal makes a termination order on an application made other than by a tenant, it also must issue a warrant of possession.
If the termination order is made on an application made because of excessive hardship, as well as issuing the warrant of possession, the tribunal may make any other order it considers appropriate including, for example, an order that the applicant pay compensation to the other party to the agreement for the other party’s loss of the tenancy.
Nothing in this section prevents the owner of a residential premises recovering possession of the premises under any other process or law.
See, however, section 353 in relation to recovering possession of premises in a way authorised under this Act.
s 350 amd 2021 No. 19 s 72
(sec.350-ssec.1) The owner of residential premises may apply to the tribunal for the issue of a warrant of possession if— there is no residential tenancy agreement in effect for the premises; and a person is occupying the premises without the consent of the owner, including, for example, a person who was a tenant under a residential tenancy agreement that has ended.
(sec.350-ssec.2) If a tribunal makes a termination order on an application made other than by a tenant, it also must issue a warrant of possession.
(sec.350-ssec.3) If the termination order is made on an application made because of excessive hardship, as well as issuing the warrant of possession, the tribunal may make any other order it considers appropriate including, for example, an order that the applicant pay compensation to the other party to the agreement for the other party’s loss of the tenancy.
(sec.350-ssec.4) Nothing in this section prevents the owner of a residential premises recovering possession of the premises under any other process or law. See, however, section 353 in relation to recovering possession of premises in a way authorised under this Act.
- (a) there is no residential tenancy agreement in effect for the premises; and
- (b) a person is occupying the premises without the consent of the owner, including, for example, a person who was a tenant under a residential tenancy agreement that has ended.