South Australian Current Acts South Australian Current Acts (a) the
Court confirms an interim intervention order as a final intervention order
against a defendant or issues a final intervention order against a defendant
in substitution for an interim intervention order; and
(b) the
final intervention order prohibits the defendant from being on premises at
which a protected person resides; and
(c) the
defendant and protected person previously resided together on the premises;
and
(d) the
premises are subject to a tenancy agreement to which the defendant is a party,
the Court may make an order (a "tenancy order") that the defendant will be
taken to have assigned the defendant's interest in the tenancy agreement to a
specified person or persons with the landlord's consent.
(2) However, a
tenancy order may only be made if the Court is satisfied that the assignee
consents to the assignment and—
(a) in a
case where—
(i)
the landlord is a community housing provider registered
under the Community Housing Providers National Law ; and
(ii)
the premises constitute community housing within the
meaning of that Law,
the assignee meets the eligibility requirements for such community housing and
any membership or other requirements of the landlord associated with
occupation of those premises; and
(b) in a
case where the landlord is the South Australian Housing Trust or a subsidiary
of the South Australian Housing Trust—the assignee meets the eligibility
requirements of the Trust; and
(c) in
any case—the assignee could reasonably be expected to comply with the
obligations under the tenancy agreement,
(so that it would be unreasonable for the landlord to withhold consent to the
assignment).
(3) A tenancy order
takes effect on the day on which it is made or on such later day as is
specified in the order.
(4) If a tenancy order
is made—
(a) the
effect of the assignment is that the assignee is substituted for the assignor
as tenant under the tenancy agreement (but the assignor remains responsible
for liabilities that accrued before the date of the assignment); and
(b) the
assignee is liable to indemnify the assignor for liabilities incurred by the
assignor to the landlord because of a breach of the tenancy agreement by the
assignee; and
(c) an
amount paid by the assignor and held by way of security for the performance of
obligations under the tenancy agreement will (unless the parties agree to the
contrary) continue to be held as security for the proper performance by the
assignee of obligations under the tenancy agreement.
(5) The Registrar must
give a copy of a tenancy order to—
(a) the
protected person; and
(b) the
defendant; and
(c) the
landlord; and
(d) if
the assignee is not the protected person—the assignee; and
(e) the
Registrar of the South Australian Civil and Administrative Tribunal.