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RESIDENTIAL TENANCIES ACT 2010 - SECT 125
Order for tenancy against person with superior title
125 Order for tenancy against person with superior title
(1) This section applies if proceedings for the recovery of possession of
residential premises are commenced before a court or the Tribunal (whether
under this Act or otherwise) by a person (the
"plaintiff" ) who is not the landlord or former landlord under the agreement.
(2) An application may be made under this section by a person who is or was,
when the proceedings were commenced, in possession of the residential premises
as-- (a) a tenant under a residential tenancy agreement, or
(b) a former
tenant holding over after termination of a residential tenancy agreement.
(3)
The application may be made to-- (a) the court or Tribunal before which the
proceedings are pending, or
(b) if the proceedings have been completed--the
Tribunal,
and must be made within the period prescribed by the regulations
after the applicant was given notice of the proceedings or (if no notice was
given) within a reasonable time after the completion of the proceedings and
before possession of the premises is recovered.
(4) The court or Tribunal
may, on such an application, and if it thinks it appropriate to do so in the
special circumstances of the case, make an order vesting a tenancy over the
residential premises in the applicant.
(5) The plaintiff is to be the
landlord under the tenancy and the tenancy is to be on such terms and
conditions as the court or Tribunal thinks fit, having regard to the
circumstances of the case.
(6) Such an application or order may be made
before possession of the premises is recovered, even though-- (a) notice was
not given to the applicant of the proceedings brought by the plaintiff, or
(b) the proceedings brought by the plaintiff have been completed.
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