41Order of termination

41 Order of termination

(1)  [Section 41 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] A party to a residential tenancy agreement may apply to the Court for an order that the agreement be terminated on any of the following grounds:

(a) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has intentionally or recklessly caused or permitted, or is likely to intentionally or recklessly cause or permit, serious damage to –

(i) the residential premises or contents of those premises; or

(ii) any neighbouring premises;

(b) [Section 41 Subsection (1) amended by No. 67 of 2003, s. 18, Applied:05 Mar 2004] that another party has caused physical injury, or is likely to cause physical injury, to that party or a person occupying neighbouring premises.

(2)  [Section 41 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] If the Court is satisfied as to any of the grounds referred to in subsection (1) , the Court may order –

(a) that the residential tenancy agreement is terminated on a specified date without notice; and

(b) that vacant possession of the residential premises is to be delivered to the owner on that day.