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RESIDENTIAL TENANCIES (RESIDENTIAL TENANCIES AMENDMENT ACT 2018) TRANSITIONAL REGULATIONS 2021 (SR NO 20 OF 2021) - REG 5

Renewed applications for possession orders

    (1)     This regulation applies if—

        (a)     an application for a possession order was made under Part 7 of the Act before 29 March 2020; and

        (b)     the application was supported with—

              (i)     in the case of rented premises, a notice to vacate given under section 246 of the Act; or

              (ii)     in the case of a rooming house, a notice to vacate given under section 281 of the Act; or

              (iii)     in the case of a caravan or site, a notice to vacate given under section 305 or 306 of the Act; or

              (iv)     in the case of a Part 4A site, a notice to vacate given under section 317ZB of the Act in respect of successive breaches by the site tenant of the duty to pay rent.

    (2)     If the Tribunal adjourned an application to which this regulation applies in accordance with section 331 of the Act on or before 29 March 2020, at the resumption of the adjourned hearing, for the period commencing on 29 March 2021 and ending on 29 March 2023—

        (a)     section 330 of the Act as in force immediately before the commencement of section 244 of the Residential Tenancies Amendment Act 2018  continues to apply as if it had not been amended; and

        (b)     section 330A of the Act does not apply; and

        (c)     section 331 of the Act as in force immediately before the commencement of section 246 of the Residential Tenancies Amendment Act 2018 continues to apply as if it had not been amended.



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