Residential Tenancies Act 1975 (Qld)

589 w AIN nanslaubr ANNO VICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 61 of 1975 An Act to consolidate and amend the law relating to tenancies of dwelling - houses and the recovery of possession thereof and for matters incidental thereto [ASSENTED To 27TH NOVEMBER, 1975] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Residential Tenancies Act 1975. 2. Commencement . This Act shall commence on 1st December 1975. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY (SS. 1-6) ; PART II-GENERAL PROVISIONS AS TO TENANCIES (ss. 7-16); PART III-TERMINATION OF TENANCIES (ss. 17-19); PART IV-SUMMARY RECOVERY OF POSSESSION (ss. 20-28); PART V-MISCELLANEOUS PROVISIONS (ss. 29-35). 4. Savings . (1) A proceeding for the recovery of possession of a dwelling-house commenced pursuant to the Termination of TenanciesAct1970 and pending at the commencement of this Act shall be continued and disposed of as if this Act had not been passed.

590 Residential Tenancies Act 1975, No. 61 (2) 'A notice to quit a dwelling-house given prior to the commencement of this Act shall be construed to have effect in law as if this Act had not been passed. 5. Application . (1) Notwithstanding the Property Law Act1974 and save as otherwise provided in this Act, this Act applies to- (a) dwelling-houses and tenancies of dwelling - houses; (b) tenancy agreements entered into or renewed before and valid and subsisting at the commencement of this Act; (c) tenancy agreements entered into after the commencement of this Act. (2) The provisions of this Act apply to every tenancy agreement but nothing in this Act prevents a landlord and tenant from agreeing to terms and conditions that are not inconsistent with the rights. obligations and restrictions conferred or imposed by this Act. 6. Interpretation . In this Act, save where a contrary intention appears- agent " means- (a) a person usually employed by the landlord in the letting of a dwelling-house or in the collection of the rent thereof; (b) a person specially authorized by writing signed by the landlord to act in a particular matter; (c) a solicitor authorized to act on behalf of the landlord; " court " means a Magistrates Court constituted under the JusticesAct1886-1975; " defendant " means the person alleged in a complaint laid pursuant to this Act to be a person who fails to quit and deliver up possession of a dwelling-house; " dwelling-house " means premises let for the purpose or principally for the purpose of residence: the term includes units or parts of multiple houses or other buildings (whether the division is horizontal, vertical or made in any other way) and land and appurtenances let with premises that are a dwelling-house within the meaning of this definition, but does not include- (a) licensed premises within the meaning of the Liquor Act1912-1975; (b) the premises of a club that holds a registered club license under the Liquor Act1912-1975; (c) premises that are ordinarily let for holiday purposes; (d) premises of which the tenant is mortgagor under a mortgage in favour of, or purchaser under a contract for the sale by, the landlord in terms of which the mortgagor or purchaser agrees or is required to attorn tenant to the landlord; " Magistrates Courts District " means a district for the purposes of Magistrates Courts appointed under the JusticesAct1886-1975 or, pursuant to the Decentralization of Magistrates Courts Act 1965-1974, deemed to be such a district; " notice to quit " includes a notice of intention to quit; " tenancy agreement " means an agreement between a landlord and tenant for the letting of a dwelling-house.

Residential Tenancies Act 1975, No. 61 591 PART 11--GENERAL PROVISIONS AS TO TENANCIES 7. Implied obligations in tenancy agreement . Notwithstanding any agreement between a landlord and tenant, in every tenancy agreement entered into after the commencement of this Act there shall be implied obligations- (a) on the part of the landlord- (i) to allow the tenant during the tenancy quiet enjoyment of the dwelling-house and fixtures, fittings, goods and chattels let therewith; (ii) to provide and, during the tenancy, maintain the dwelling- house in good tenantable repair and in a condition fit for human habitation; (iii) to maintain during the tenancy fixtures, fittings, goods and chattels let with the dwelling-house in good tenantable repair; (iv) to comply with all lawful requirements in regard to health and safety standards with respect to the dwelling-house; (v) to keep common areas (in cases where the dwelling-house is part of a multiple house or other building) in a clean and safe condition; (b) on the part of the tenant- (i) to care for the dwelling-house and fixtures, fittings, goods and chattels let therewith in the manner of a reasonable tenant ; (ii) to repair, within a reasonable time, damage to the dwelling- house or fixtures, fittings, goods and chattels let therewith caused by the wilful or negligent conduct of the tenant or persons coming into or upon the dwelling-house with his consent; (iii) to conduct himself and to ensure that other persons in the dwelling-house with his consent conduct themselves in a manner that will not cause a disturbance or be a nuisance or an annoyance to adjoining or neighbouring occupiers; (iv) to pay the rent agreed upon or as subsequently varied at the times specified therein. A tenant shall be taken to have failed to perform the obligation to pay rent if the rent in respect of any period of the tenancy remains unpaid for seven days after that rent becomes due. This section shall not operate to imply on the part of the landlord an obligation to rebuild or reinstate the dwelling-house where destruction thereof or damage thereto has resulted in the termination of the tenancy under section 14. 8. Entry by landlord . (1) Notwithstanding any agreement between a landlord and tenant, in every tenancy agreement entered into after the commencement of this Act there shall be implied rights on the part of the landlord- (i) to enter by himself or his agents the dwelling-house and inspect it and fixtures, fittings, goods and chattels let therewith and view the state of repair thereof; (ii) to enter by himself or his agents with a prospective tenant or purchaser and show him the dwelling-house;

592 Residential Tenancies Act 1975, No. 61 (iii) to enter by himself or his agents and repair the dwelling-house or fixtures, fittings, goods and chattels let therewith; (iv) to enter by himself or his agents the dwelling-house and carry out requirements of any public authority with respect thereto. A right of entry pursuant to this subsection may be exercised at all reasonable times and only after reasonable notice in writing of the landlord's intention to enter has been given to the tenant. (2) A landlord or his agent may enter a dwelling-house the subject of a tenancy without giving to the tenant the notice required by subsection (1) if he believes on reasonable grounds that- (a) the well-being of the tenant requires it; or (b) the entry'is to protect the dwelling-house or fixtures, fittings, goods and chattels let therewith from imminent or further damage. 9. Variation of rent . (1) Subject to any agreement between a landlord and tenant, a landlord may vary the rent of a dwelling-house held under a tenancy other than a tenancy for a fixed term upon giving to the tenant one month's notice in writing at the least of the proposed variation. (2) A term in a tenancy agreement to which this section applies that provides for variation of the rent upon giving to a tenant less than one month's notice in writing shall be read and construed as if that term provided for the giving of one month's notice. 10. Rights re use and occupation . (1) A landlord is entitled to payment by way of compensation for the use and occupation by a tenant of a dwelling-house unlawfully held over by that tenant. The remedy provided by this subsection is in addition to and not in derogation of or substitution for any other right or remedy of the landlord in respect of the unlawful holding over. (2) Tho amount that may be claimed pursuant to subsection (1) is an amount equal to the rent that would have been payable under the tenancy agreement prior to its termination or expiry. (3) The acceptance by a landlord of arrears of rent, rent or compensation for use and occupation after the expiration or termination of the tenancy or after notice to quit or demand of possession has been given by the landlord does not operate as a waiver of that notice or demand or as a reinstatement of the tenancy or as the creation of a new tenancy unless, in any case, the landlord and tenant so agree. The burden of proof that the notice to quit or demand of possession has been waived or the tenancy reinstated or a new tenancy created is upon the person so claiming. 11. Prohibition of distress for rent . A person shall not levy. or make any distress for rent of a dwelling-house or fixtures, fittings, goods and chattels let therewith. 12. Abolition of interesse termini . (1) The doctrine of interesse termini is abolished.

Residential Tenancies Act 1975, No. 61 593 (2) On and from the commencement of this Act, the estate or interest of a tenant created under a tenancy agreement is capable of taking effect at law or in equity from the date fixed for the commencement of the tenancy without actual entry into or upon the subject dwelling-house. 13. Attornment by tenant . Where a landlord has conveyed to a purchaser land and improvements thereon including a dwelling-house the subject of a tenancy, a notice in writing of the conveyance signed by the landlord or his solicitor specifying the name of the purchaser and directing the tenant to pay all future rents to the purchaser, given to the tenant of the dwelling-house, shall be deemed to operate as an atornment as tenant to the purchaser by the tenant at the rent and subject to the stipulations, agreements, obligations and restrictions of the tenancy subsisting at the date of service of the notice. 14. Termination of tenancy where dwelling - house damaged or destroyed. Where a dwelling-house the subject of a tenancy is destroyed or damaged from any cause other than the act or default of the tenant, his servant or agent or any other person in the dwelling-house with his consent so as to render the dwelling-house or a substantial part thereof unfit for occupation as such, the landlord or tenant may, at any time within one month after the date of destruction of or the occurrence of damage to the dwelling-house, give to the other of them notice in writing terminating the tenancy whereupon the tenancy shall be taken to have terminated on the date of the destruction or the occurrence of the damage but without prejudice to any right that may have accrued to the landlord or tenant prior to such termination. 15. Right to assign or sublet . (I) A tenant may, with the consent in writing of the landlord first had and obtained, assign all his right, title and interest under a tenancy or sublet the whole or a part of the dwelling-house the subject of the tenancy. (2) In the case of a tenancy for a fixed term of six months or longer, a landlord shall not unreasonably withhold his consent in respect of- (a) a proposed assignment by the tenant of all his right, title and interest under the tenancy; (b) a proposed subletting by the tenant of the whole of the dwelling-house the subject of the tenancy. (3) Nothing in this Act prevents a landlord from withholding his consent- (a) to a proposed subletting by the tenant of part of the dwelling-house the subject of the tenancy; (b) to an assignment by the tenant of all his right, title and interest under or the subletting by him of a dwelling-house the subject of a tenancy other than a tenancy for a fixed term of six months or longer. (4) This section- (a) applies to tenancy agreements entered into after the commencement of this Act; (b) applies notwithstanding any agreement between the landlord and tenant.

5 04 Residential Tenancies Act 1975, No. 61 16. Mitigation of damage . A landlord or tenant entitled to claim from the other damages for loss caused by a breach of a tenancy agreement or provision of this Act has the same duty to mitigate his damage as that which applies generally under the law of contract. PART III-TERMINATION OF TENANCIES 17. Termination of tenancies . (1) Where a tenant has failed to perform or observe any obligation implied in a tenancy agreement by virtue of section 7 (b) or some other obligation or restriction contained or specified in the tenancy agreement and the performance or observance of that obligation or restriction has not been waived or excused by the landlord, the landlord may terminate the tenancy by notice to quit to the tenant given for a period of 14 days at the least. (2) In the case of a tenancy for a fixed term, where a landlord has failed to perform or observe any obligation implied in a tenancy agreement by virtue of section 7 (a) or some other obligation or restriction contained or specified in the tenancy agreement and the performance or observation of that obligation or restriction has not been waived or excused by the tenant, the tenant may terminate the tenancy by notice to quit to the landlord given for a period of 14 days at the least. (3) In the case of a periodic tenancy, subject to any agreement with respect to that tenancy between the landlord and tenant as to the termination thereof- (a) a tenant may terminate the tenancy by notice to quit to the landlord given for a period of 14 days at the least; (b) a landlord may terminate the tenancy by notice to quit to the tenant given for a period of one month at the least. A term in a tenancy agreement to which this subsection applies that provides for the giving of a notice to quit for a period less than that prescribed shall be read and construed as if it provided for the giving of such notice for the period prescribed. (4) In the case of a tenancy at will the landlord may terminate the tenancy by a demand of possession without giving a notice to quit. (5) A notice to quit pursuant to this section may be given orally or in writing but a notice to quit given by a landlord shall not be enforceable under this Act unless the notice is in writing. (6) A notice in writing pursuant to this section- (a) shall be signed by or on behalf of the person giving the notice, (b) shall identify by a sufficient description the dwelling-house in respect of which the notice is given; (c) shall state the date on which the tenancy is to terminate; (d) shall, in the case of a notice pursuant to subsection (1) or (2), specify and give particulars of the failure to perform-or observe upon which the notice is given; (e) may, in the case of a notice pursuant to subsection (3), specify and give particulars of the grounds upon which the notice is given; (f) need not be in any particular form but may be in the prescribed form; (g) may be given in the manner prescribed by section 19.

Residential Tenancies Act 1975, No. 61 595 (7) This section does not apply to a tenancy on sufferance and it is declared that when a tenant holds over after the term of his tenancy has expired or the tenancy has been terminated the landlord shall, without further notice or demand of possession, be entitled to proceed to recover possession of the dwelling-house. 18. Expiry date of notice to quit . A notice to quit given with respect to a dwelling-house may expire at any time if the notice given is for the period required by the agreement of the landlord and tenant or, failing such agreement, by this Act notwithstanding that the date indicated in the notice as the date upon. whicci possession is to be given does not coincide with the last day of a period of the tenancy. The rent payable shall, where appropriate, be apportioned. 19. Manner of giving notice to quit. (1) A notice to quit shall be sufficiently given if- (a) it is delivered personally to the tenant or, as the case requires, to the landlord or his agent; (b) it is delivered personally to some person apparently over the age of 18 years and apparently residing in or in occupation of the dwelling-house; (c) it is delivered personally to the person by whom the rent is usually paid, if that person is apparently over the age of 18 years; (d) it is affixed to a conspicuous place upon some part of the dwelling-house; (e) it is sent by post to the tenant at the place of his residence or business last known to the landlord or his agent. (2) (a) Where a tenant has died and probate or letters of administration of his estate have not been granted, a notice to quit that might have been given'to the legal personal representative of the deceased tenant had probate or letters of administration of his estate been granted shall be sufficiently given if- (i) where any person is or persons' are apparently residing in or in occupation of the dwelling-house, it is delivered to any of those persons apparently over the age of 18 years; (ii) in any other case, it is advertised twice in a newspaper circulating in the locality in which the dwelling-house is situated. (b) Where a proceeding for the recovery of possession of a dwelling- house is taken.in reliance on a notice to quit given in the manner provided in subparagraph (i) of paragraph (a), any occupier of the dwelling-house or other person claiming an interest in the dwelling-house shall be entitled to be heard in the proceeding and the contesting of the proceeding shall not of itself be regarded as an act of administration or as intermeddling in the estate of the deceased tenant or as constituting the person so contesting the proceeding an executor de son tort of the deceased tenant. (3) Nothing in this section affects the right of a landlord to give notice to quit otherwise than as provided in this section.

596 Residential Tenancies Act 1975, No. 61 PART IV-SUMMARY RECOVERY OF POSSESSION 20. Summary proceedings for recovery of possession . (1) Where the term or interest of the tenant of a dwelling-house held by him as tenant whether with or without the liability for payment of-rent- (a) has expired by efiiuxion of time; (b) has been terminated by notice to quit or demand of possession; (c) has otherwise terminated, and the tenant or any person claiming under him and in actual occupation of the dwelling-house or any part thereof fails to quit and deliver up possession of the dwelling-house or part, the landlord may, by complaint in accordance with this Act, proceed to recover possession of the dwelling- house or part. (2) The power to recover possession of a dwelling-house or part conferred by this Act is in addition to and not in derogation of or substitution for any other right or remedy of the landlord. 21. Mode of procedure . (1) Subject. to this Act, proceedings for the recovery of possession of a dwelling-house shall be regulated by and conducted in accordance with the Justices Act1886-1975. (2) The complaint shall be heard and determined at a place where it could be heard and determined were it a complaint for a breach of duty committed in the Magistrates Courts District within which the dwelling- house concerned is situated. 22. Contents of complaint . A complaint under this Act for the recovery of possession of a dwelling-house may be in the prescribed form and shall state- (a) a brief description of the dwelling-house and such other particulars as are sufficient to identify it; (b) the situation of the dwelling-house; (c) the landlord of whom the dwelling-house was held; (d) that the dwelling-house was held under a tenancy and (if practicable) the nature of that tenancy; (e) the date on which the tenancy expired by effluxion of time or was terminated by notice to quit or demand of possession or has otherwise terminated; (f) that the defendant fails to quit and deliver up possession of the dwelling-house. A complaint that does not comply with this section or is otherwise defective in substance or in form may, with leave of the court, be amended at the hearing. 23. SummoNS upon complaint for recovery of possession . (1) Upon a complaint in accordance with section 22 signed by the landlord or his agent, a justice may issue a summons thereon in the prescribed form directed to the tenant requiring him to answer the complaint and to show cause why a warrant to eject him from the dwelling-house should not be issued.

Residential Tenancies Act 1975, No. 61 597 A summons issued under this subsection shall have thereon an endorsement stating that, unless the defendant within five days after service upon him of the summons enters an appearance to the summons by filing with the clerk of the court named in the summons a notice stating that he wishes to appear to answer the complaint and to show cause, the matter of the complaint may be heard and determined in his absence. (2) A defendant who wishes to contest the complainant's claim may, within five days after service of the summons upon him, enter an appearance to the summons by filing with the clerk of the court named in the summons a notice stating that he wishes to answer the complaint and to.show cause and setting out briefly the grounds upon which he intends to show cause. (3) Where the defendant enters an appearance to the summons in accordance with subsection (2) or where he does not enter an appearance and the complainant so requests, the clerk of the court shall appoint a date, time and place for the hearing of the complaint and give notice thereof in writing to the complainant and defendant. (4) (a) A summons issued under this section shall be properly served upon the defendant if it is served- (i) by delivering a copy thereof to him personally or, if he cannot reasonably be found, by leaving a copy thereof with some person for him at his usual place of business or residence or place of business or residence last known to the person who serves the summons; or (ii) by posting (by means of registered post) a copy thereof addressed to him at his place of business or residence last known to the complainant, and the provisions of the Justices Act1886-1975 with respect to the service, endorsement and proof of service of summonses shall, with all necessary modifications, apply accordingly. (b) Where upon application in that behalf by the complainant or his counsel or solicitor, it is made to appear by oral evidence or affidavit (including an affidavit founded upon information and belief and stating the sources of such information and the grounds of such belief) to the court in which the defendant is required to enter an appearance that for any cause the service of a summons issued--and complaint made pursuant to this Act cannot be effected in the manner prescribed, the court- (i) may make such order for substituted or other service as it thinks proper in which case the summons and complaint served in the manner provided by such order shall be deemed to have been duly served upon the defendant; or (ii) upon being satisfied that the summons and complaint have by any means come to the knowledge of the defendant, may order.that the defendant be deemed to have been duly served therewith and on the making of such order may deal with the complaint as if the complaint and summons had been duly served pursuant to this subsection.

598 Residential Tenancies Act 1975, No. 61 24. Hearing and determination . At the hearing and upon proof of- (a) the tenancy; (b) the expiry or other termination of the tenancy; (c) the lawful right of the landlord as against the defendant to possession; (d) the failure of the defendant to quit and deliver up possession: and (e) where the defendant does not appear at the hearing, due service upon him of the notice of hearing a reasonable time (being not less than seven days) before the date appointed for the hearing, the court, unless the defendant appears and shows to its satisfaction cause why a warrant for possession should not be issued or the court is otherwise satisfied that there is such cause, shall order that a warrant for possession be issued against the defendant requiring and authorizing any person to whom it is addressed to take and give possession of the dwelling-house, the subject of the complaint to the landlord or, where the complaint was made by an agent, that agent. 25. Alternative procedure upon failure of defendant to enter appearance to summons . (1) If the defendant fails to enter an appearance to a summons issued pursuant to section 23 (1) the complainant may, at any time after the time for entering an appearance has expired, apply to a stipendiary magistrate sitting in chambers or to a clerk of the court (being also a justice of the peace), during the absence from any cause of a stipendiary magistrate, for the hearing and determination of the complaint. (2) Upon proof by oral evidence or affidavit by any person having knowledge of the facts of the due service of the summons and of those matters specified in subparagraphs (a), (b), (c) and (d) of section 24 and, in a case where the complaint contains a further matter of complaint pursuant to section 27, of those matters required to be proved in support of that further matter of complaint,, the stipendiary magistrate or, as the case may be, clerk of the court may make any order that the court may make under section 24 or 27 upon the hearing of a complaint and a further matter of complaint contained therein. An order so made has the same force and effect and may be enforced in the same manner as an order made by a court under section 24 or 27. 26. Warrant for possession . (1) A warrant for possession issued under this Act shall be in the prescribed form and may be issued by the court or by a stipendiary magistrate or a clerk of the court exercising the jurisdiction conferred by section 25 and, in any case after the complaint has been heard and determined, by the clerk of the court and shall require and authorize any person to whom it is directed to enter forthwith (by force if necessary) into and upon the dwelling-house specified in the warrant and to eject therefrom the defendant and all persons claiming under or through him together with his or their goods, chattels and effects and to give possession of the dwelling-house to the landlord or, as the case requires, his agent.

Residential Tenancies Act 1975, No. 61 599 (2) The warrant shall be sufficient authority to any person to whom it is addressed to enter (by force if necessary) into and upon the dwelling- house specified in the warrant with such assistants as he deems necessary to eject therefrom the defendant and all persons claiming under or through him together with his or their goods, chattels and effects and to give possession to the landlord or, as the case requires, his agent accordingly. (3) The warrant may be executed not only against the defendant but also against every person claiming under or through him who is in actual occupation of the dwelling-house specified in the warrant or any part thereof and for this purpose a person whose occupation is referable to a tenancy held of the defendant (whether the tenancy was created before or after the commencement of the proceeding out of which the warrant was issued) shall be deemed to claim under the defendant notwithstanding that such tenancy has expired by effluxion of time, has been terminated by a notice to quit or demand of possession or has otherwise terminated. (4) A warrant issued pursuant to this section in respect of a building, or a unit or part of a multiple house or other building, shall be sufficient authority to any person to whom it is addressed to pass (by force if necessary), with such assistants as he thinks necessary, through, along, across, over or under any land (including in the case of a unit or part, any other part of the multiple house or other building in which it is comprised) ordinarily used as a means of access to such building, unit or part. (5) Entry upon a warrant issued pursuant to this section shall not be made on a Sunday, Good Friday, Christmas Day or Anzac Day or at any time except between the hours of nine o'clock in the morning and four o'clock in the afternoon. (6) Where the complaint has been heard and determined in the absence of the defendant pursuant to section 24 or 25, a warrant pursuant to this section shall not be issued until after the expiration of seven days after the determination. (7) Where the circumstances of the case make it appear to the court or stipendiary magistrate or clerk of the court proper so to do, the court or stipendiary magistrate or clerk of the court may, upon making an order that a warrant be issued pursuant to this section, further order that the issue of the warrant be postponed for such time (not exceeding 15 clear days from the date of the order) and on such conditions (if any) as appear to it or him just and as are specified in the order, whereupon the warrant shall not be issued within that time while those conditions are complied with. 27. Arrears of rent , use and occupation . (1) In a complaint pursuant to this Act for the recovery of possession of a dwelling-house, it may be joined as a further matter of complaint that the defendant is indebted to the landlord for rent or compensation for use and occupation or both in respect of that dwelling-house. Such further matter of complaint shall be set out in a separate paragraph in the complaint.

600 Residential Tenancies Act 1975, No. 61 (2) In respect of the further matter of complaint, the same particulars of the complainant's claim for rent or compensation for use and occupation or both shall be supplied and served as would be required if the claim were being made by way of a plaint filed in a Magistrates Court exercising jurisdiction under the Magistrates Courts Act1921-1975. (3) In a case where the court or, as the case may be, stipendiary magistrate or clerk of the court orders that the further matter of complaint be heard separately, it may by the same or a subsequent order give directions for the conduct of the proceedings in respect thereof or may order that the proceedings be carried on in the same manner as if the claim were being made by way of a plaint filed in a Magistrates Court exercising jurisdiction under the Magistrates Courts Act1921-1975. (4) In respect of the further matter of complaint, the court shall upon the hearing thereof order the defendant to pay to the landlord such amount, if any (but not exceeding the amount in respect of which a Magistrates Court constituted under the Magistrates Courts Act1921-1975 has for the time being jurisdiction), as it determines to be payable and unpaid in respect of the indebtedness the subject of the further matter of complaint. (5) Where the matters of complaint are heard and determined in the absence of the defendant pursuant to section 24 or 25, action to enforce an order made in respect of the further matter of complaint shall not be token until the expiration of seven days after the determination. (6) A postponement of the issue of a warrant pursuant to section 26 (7) shall not affect an order made pursuant to this section. 28. Re-hearing where complaint heard in absence of defendant. (1) Where an order has been made- (a) by a court under section 24 or 27 in the absence of the defendant; (b) by a stipendiary magistrate or clerk of the court under section 25, a court at the place where the order. was made may, upon application in that behalf made by the defendant or his counsel or solicitor within seven days after the date on which the order was made, if in its opinion there is a proper reason for so doing, grant a re-hearing of the complaint upon which the order was made on such terms and subject to the payment of such costs as it thinks fit. (2) Upon and by virtue of the grant of a re-hearing- (a) subject to subsection (4)- (i) the order for the issue of a warrant for possession made upon the first hearing and a warrant issued thereunder; and (ii) the order if any made upon a further matter of complaint pursuant to section 27, shall cease to have effect. (b) the court may, with the consent of the complainant, proceed with the re-hearing forthwith or it may and, if the complainant does not consent to the court proceeding with the re-hearing forthwith, shall set down the re-hearing for a later date.

Residential Tenancies Act 1975, No. 61 601 (3) Upon the re-hearing- (a) the complaint. (including a further matter of complaint contained therein) shall be re-heard and re-determined as if the re-hearing were an original hearing and determination; (b) save by consent of the parties, proof shall not be made by affidavit of any of the matters required to be proved by section 24 or in support of a further matter of complaint pursuant to section 27. (4) If the defendant when called upon does not appear at the time and place appointed for the re-hearing, the court if it thinks fit may, without re-hearing the complaint, order- (a) that the original order for possession (and where applicable the warrant issued thereunder) be restored and thereupon that order (and where applicable warrant) shall be restored to effect accordingly and shall be deemed to have had force and effect on and from the date when the order was first made or in the case of the warrant when it was first issued; (b) that the original order if any made upon a further matter of complaint be restored and thereupon that order shall be restored to effect accordingly. (5) Where the court upon the re-hearing, of a further matter of complaint orders that the original order be restored, it may, upon the application of the complainant and upon proof on oath or by affidavit of the amount payable and unpaid at the date it restores the order, vary the original order so as to require thereby payment of such amount. PART V-MISCELLANEOUS PROVISIONS 29. Powers of court in proceeding under this Act. (1) The powers conferred on a court by this Act are in addition to the powers of the court apart from this Act. (2) In respect of . a proceeding under this Act upon a complaint that includes a claim for the recovery of possession of a dwelling-house, the court shall have and may exercise all or any of its powers as if the proceeding were upon a complaint for a breach of duty. (3) In respect of a proceeding under this Act upon a claim for rent or compensation for use and occupation made before it by way of a further matter of complaint contained in a complaint pursuant to this Act, the court shall have and may exercise all or any of the powers and be bound by all the limitations conferred or imposed by the MagistratesCourts Act1921-1975 on a Magistrates Court constituted under that Act. (4) An order made in a proceeding under this Act for the payment of money ( including costs ) shall for the purposes of .the enforcement thereof be deemed to have been made by a Magistrates Court constituted under the MagistratesCourts Act1921-1975 in the exercise of its jurisdiction under that Act and to be a judgment of that Court and shall be enforced accordingly and not otherwise.

602 Residential Tenancies Act 1975, No. 61 30. Protection of justices and other persons. An action or prosecution shall not be brought against- (a) a justice who constituted a court that made an order for the issue of a warrant pursuant to this Act; (b) a stipendiary magistrate sitting in chambers or a clerk of the court who made an order for the issue of a warrant pursuant to this Act; (c) a clerk of the court who issued a warrant pursuant to an order made under this Act; (d) a person by whom a warrant issued pursuant to this Act was executed, on account of the issue or, as the case may be, execution of the warrant by reason that the landlord by whom or on whose behalf the warrant was obtained had no lawful right to possession of the dwelling-house for the recovery of which the warrant was issued. 31. Protection of landlord entitled to possession . In all cases where- at the time of the execution of a warrant issued pursuant to this Act the landlord by or on whose behalf the warrant was obtained had as against the person in possession of the subject dwelling-house lawful right to the possession thereof, then neither that landlord nor his agent nor any other person acting on his behalf becomes a trespasser by reason merely of any irregularity or informality in the manner of obtaining possession under the authority of this Act but the party aggrieved may, if he thinks fit, bring an action for that irregularity or informality. 32. Non- protection of persons lacking right to possession . (1) Neither a provision of this Act nor a warrant issued pursuant to this Act shall be construed to protect a landlord by whom or on whose behalf the warrant was obtained from action brought against him on account of entry upon or taking possession of the subject dwelling-house or any part thereof by virtue of the warrant where the landlord at the time the warrant was executed had not the lawful right to possession of the dwelling-house or part as against the person in possession thereof at that time. (2) Without prejudice to the rights to which a person may be entitled as out-going tenant, where the landlord has not the lawful right to possession of the subject dwelling-house he shall be liable in respect of the entry and taking possession as if the same were made or effected by him or at his direction without the authority of the warrant. 33. Costs . Costs may be awarded in any proceeding under this Act and shall be in the discretion of the court or a stipendiary magistrate or clerk of the court exercising jurisdiction under this Act. 34. Service of notices . Save as otherwise provided by or under this Act, a notice or other writing authorized or required to be given by this Act shall be duly given if (a) it is served personally on the person to whom it is directed; (b) it is left at the place of residence or business of the person to whom it is directed last known to the person who gives it; (c) it is sent by post to the place of residence or business of the person to whom it is directed last known to the person who gives it.

Residential Tenancies Act 1975, No. 61 603 35. Regulations . The Governor in Council may make regulations not inconsistent with this. Act for or with respect to all matters required or permitted by this Act to be prescribed and all matters that are necessary or convenient for the proper administration of this Act or to achieve the objects and purposes of this Act.