War Service Land Settlement Act 1950
22Residence
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22 Residence
[Section 22 Subsection (3) amended by No. 77 of 1995, s. 3 and Sched. 1 ]
(1) *[Section 22 Subsection (1) amended by No. 26 of 1968, s. 3 ]*It shall be a condition of every tenancy that the tenant shall reside on his holding for a period of six years commencing within three months of its allotment to him by the Board.
(2) This condition shall be performed by the continuous and bona fide personal residence of the tenant on the holding.
(3) *[Section 22 Subsection (3) amended by No. 88 of 1983, s. 3 and Sched. 1 ]*The holding or any interest therein shall not during the currency of the condition be capable of –
(a) being mortgaged except to TDR; or
(b) transfer, whether by operation of law or otherwise, except in the case of the death or insanity or incapacity by reason of serious illness, accident, infirmity, or misfortune of the tenant or except by TDR pursuant to a power of sale under a mortgage given under this subsection.
(4) *[Section 22 Subsection (4) amended by No. 26 of 1968, s. 3 ]*The following provisions shall be applicable to tenancies during the currency of the condition:
(a) [Section 22 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] If the tenant dies during the currency of the condition it may be performed by the continuous and bona fide residence on the holding of some person beneficially interested in the holding under the will or as one of the next-of-kin or as the spouse or caring partner of the deceased tenant or of a bailiff approved by the Board;
(b) [Section 22 Subsection (4) amended by No. 33 of 1996, Sched. 1, Applied:01 Sep 1997] [Section 22 Subsection (4) amended by No. 17 of 1996, Applied:15 May 1998] [Section 22 Subsection (4) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] If during the currency of the condition a guardianship order or an administration order under the Guardianship and Administration Act 1995 is in force, the Board may allow it to be performed by the continuous and residence on the holding of the spouse, caring partner or some other member of the family of the tenant or a bailiff approved by the Board;