45Order for vacant possession

45 Order for vacant possession

(1)  [Section 45 Subsection (1) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner may apply to the Court for delivery of vacant possession of residential premises by the tenant if a notice to vacate in respect of the premises has taken effect and vacant possession has not been delivered to the owner.

(2)  [Section 45 Subsection (2) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] An owner is to serve on the tenant a copy of an application under subsection (1) a reasonable time before the application is heard.

(3)  [Section 45 Subsection (3) amended by No. 53 of 2003, Sched. 1, Applied:25 Sep 2003] The Court may order that vacant possession be delivered to the owner if satisfied that –

(a) a notice to vacate the premises was properly given; and

(b) the reason for serving the notice to vacate was genuine or just; and

(c) vacant possession was not delivered to the owner; and

(ca) [Section 45 Subsection (3) amended by No. 45 of 2013, s. 24, Applied:01 Oct 2014] where the premises are social housing and the reason for serving the notice is a reason referred to in section 42(1)(da) , (db) or (dc) , vacating the premises would not result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant; and

(d) the tenant was served with a copy of the application.

(3A)  [Section 45 Subsection (3A) inserted by No. 45 of 2013, s. 24, Applied:01 Oct 2014] The Commissioner may issue guidelines setting out the circumstances in which vacating premises is to be taken to result in unreasonable financial disadvantage, or unreasonable social disadvantage, to a tenant.

(3B)  Guidelines, if any, issued under may be taken into account in considering whether, for the purposes of this section, vacating premises would result in unreasonable financial disadvantage, or unreasonable social disadvantage, to the tenant.