Part 2
Tenancy agreements
Termination of tenancies and recovery of possession
64Possession orders
Subject to subsection (2), on the application of any person entitled to possession of the premises following the termination of a tenancy, the Tribunal shall make an order granting possession of the premises to that person.
No possession order may be made more than 90 days after the date of the termination of the tenancy.
Every order of the Tribunal made under any of sections 55, 55A to 56A, 59, 59B, and 61 terminating a tenancy shall have effect as a possession order granting possession of the premises to the landlord.
No possession order (including an order of a kind referred to in subsection (3)) shall be capable of being filed under section 106 more than 90 days after—
- the date of the order; or
- in the case of a conditional order under section 55(1A) or section 78(3) or section 88(2) which states that it is an order to which this paragraph applies, the date on which the conditional order takes effect as a final termination order.
Notes
- Section 64(2): amended, on , by section 46 of the Residential Tenancies Amendment Act 2010 (2010 No 95).
- Section 64(3): amended, on , by section 45 of the Residential Tenancies Amendment Act 2020 (2020 No 59).
- Section 64(4): replaced, on , by section 25 of the Residential Tenancies Amendment Act 1996 (1996 No 7).
- Section 64(4): amended, on , by section 5 of the Residential Tenancies Amendment Act 2012 (2012 No 113).