102Termination of agreement or
co-tenancies by Tribunal
(1)
The Tribunal may, on application by a co-tenant,
make any of the following orders:
(a)
an order terminating the tenancy of the co-tenant
or another co-tenant under the residential tenancy agreement from a date
specified in the order,
(b)
an order terminating the residential tenancy
agreement,
(c)
any necessary ancillary orders relating to the
residential tenancy agreement or liabilities under that
agreement.
(2)
The Tribunal may make an order under this section
if it is of the opinion that it is appropriate to do so in the special
circumstances of the case.
(3)
If the Tribunal terminates the tenancy of one or
more, but not all, of the co-tenants under the residential tenancy agreement,
the Tribunal must, in the order terminating the tenancy, specify the day on
which the tenants whose tenancies are terminated must vacate the residential
premises.
(3A)
Such an order is taken to be an order for
possession of the residential premises in favour of the remaining tenant or
co-tenants.
Note—
Section 121 provides that a warrant for
possession may be issued on the application of a person in whose favour an
order for possession is made.
(4)
The Tribunal may order a co-tenant under a
residential tenancy agreement that is terminated under this section before the
end of the fixed term of a fixed term agreement to pay an amount, not
exceeding the applicable break fee for the tenancy specified in section
107.
(5)
The Tribunal may make a termination order under
this section that takes effect before the end of the fixed term if the
residential tenancy agreement is a fixed term agreement.
(6)
The Tribunal must give the landlord notice of an
application under this section. The landlord has a right to be heard in the
proceedings.
(7)
An application may be made under this section
whether or not a termination notice has been given under section
101.
s 102: Am 2011 No 27,
Sch 1.8 [6] [7].