VIC: Residential Tenancies Act Section 352 Postponement of issue of warrant in certain cases

Postponement of issue of warrant in certain cases

(1) The Tribunal may provide in a possession order under this Part in relation to rented premises, a room in a rooming house, a caravan or site in a caravan park or a Part 4A site that the issue of a warrant of possession be postponed for a period specified in the order, if the Tribunal is satisfied that—

(a) the renter, resident or site tenant (as the case may be) would suffer hardship if the issue of the warrant were not postponed; and

(b) the hardship would be greater than any hardship that the residential rental provider, rooming house operator, caravan park owner, caravan owner, site owner or mortgagee (as the case may be) would suffer because of the postponement.

(2) The period of postponement specified in the order must not exceed 30 days after the date that the order is made.

(3) This section does not apply to— (a) an order made on the application of—

(i) a residential rental provider who has given a notice to vacate the rented premises under section 91ZI, 91ZJ, 91ZK or 91ZL; or

(ii) a rooming house operator who has given a notice to vacate the room in the rooming house under section 142ZB, 142ZC, 142ZD or 142ZE; or

(iii) a caravan park owner or caravan owner who has given a notice to vacate under section 206AQ, 206AR, 206AS or 206AT; or

(iv) a site owner who has given a notice to vacate the Part 4A site under section 207W, 207X, 207Y or 207Z; or

(b) an order made under Division 2.