New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 125

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.