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VIC: Residential Tenancies Act Section 498ZZI Order to be dismissed or adjourned in certain circumst

Writer: David WoolfallDavid Woolfall

Order to be dismissed or adjourned in certain circumstances

(1) The Tribunal may dismiss or adjourn an application for a possession order under section 498ZZE(1) that is supported by a notice to vacate issued on the ground specified in section 498ZX(1)(a) if the Tribunal considers that satisfactory arrangements have been or can be made to avoid financial loss to the SDA provider.

(2) An adjournment may be on any terms the Tribunal considers appropriate.

(3) On the resumption of an adjourned hearing of an application for a possession order that is supported by a notice to vacate issued on the ground specified in section 498ZX(1)(a), the Tribunal—

(a) may make a possession order if the SDA resident has continued to accrue arrears of rent during the adjournment period; and

(b) must dismiss the application if the SDA resident—

(i) has paid all the arrears which were the subject of the original application; and

(ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing.




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