South Australian Current Acts South Australian Current Acts96—Forfeiture of head tenancy not to result automatically in destruction
of right to possession under residential tenancy agreement
(1) A person cannot
take possession of residential premises subject to a residential tenancy
agreement so as to defeat the tenant's right to possession under the
residential tenancy agreement unless an order for possession of the premises
is made by a court or the Tribunal.
(1a) An order under
subsection (1) must be served on the tenant and takes effect—
(a) in
the case of an order made in favour of a mortgagee—30 days after
the day on which it is served or at such later time as is specified by the
court or the Tribunal; and
(b) in
any other case—at such time as is specified by the court or the
Tribunal.
(1b) If an order of a
kind referred to in subsection (1a)(a) is made, the tenant—
(a) is
not required to pay any rent, fee or other charge in respect of his or her
occupation of the residential premises in the period following service of the
order; and
(b) is
entitled to compensation for any rent paid in respect of that period.
(1c) The Tribunal may,
on application by the tenant, order a person to whom rent has been paid to pay
to the tenant compensation to which the tenant is entitled under
subsection (1b).
(2) If a person is
entitled to possession of residential premises as against a person who granted
a residential tenancy, a court before which proceedings for possession of the
premises are brought, or the Tribunal, may, on application by an interested
person, vest the residential tenancy agreement in the person who would, but
for the agreement, be entitled to possession of the premises so that the
tenant holds the premises directly from that person as landlord.
(3) An order may be
made under subsection (2) on terms and conditions the court or Tribunal
considers just.