277Application for order to vacate to be dismissed or adjourned in certain circumstances

277 Application for order to vacate to be dismissed or adjourned in certain circumstances

(1) VCAT may dismiss or adjourn an application for an order to vacate if—

(a) the application is in respect of a notice to vacate given under section 262; and

(b) VCAT considers that satisfactory arrangements have been or can be made to avoid financial loss to the provider.

(2) An adjournment under subsection (1) may be on any terms VCAT thinks fit.

(3) On the resumption of an adjourned hearing, VCAT—

(a) may make an order to vacate if the resident has continued to accrue arrears of fees during the adjournment period; and

(b) must dismiss the application if the resident—

(i) has paid all the arrears which were the subject of the original application; and

(ii) has accrued no further arrears of fees from the time of the application to the date of resumption of the adjourned hearing.