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原帖由 黑山老妖 于 2008-4-2 08:02 发表 
但是必须走tenant tribunal这道程序。屋主在这里是presume guilty,要赢很难。
老妖说的没错。
看下面的摘录http://www.fairtrading.nsw.gov.a ... tionforrenters.html
Terminations by the Tribunal
The CTTT can make an order against a tenant ending the tenancy and giving possession of the property to the landlord. The possession order will usually give the tenant between 5 and 28 days to leave the property, but not in all cases.
If the tenant is not out by the date of the order, the landlord can get a ‘warrant for possession’ from the Registry of the CTTT and go to the Sheriff’s Office to have it enforced. A Sheriff’s Officer can remove a tenant from the premises, with police help if needed.
A landlord cannot evict a tenant without a Tribunal Order
Locking out or evicting a tenant without a Tribunal Order is illegal. A landlord/agent must follow the correct process as stated in the legislation.
Application to the Tribunal without notice
The landlord can apply directly to the CTTT for an order for possession of the premises without giving a tenant notice of termination, but only in the following circumstances:
the tenant has injured or is likely to injure the landlord, agent or neighbours
the tenant or their guests have deliberately or recklessly caused serious damage to the property.
Rehearings
Tribunal rehearings are not an automatic right. An application can be made to the CTTT for a matter to be re-heard but only if the reasons are justified. The application must be made within 14 days after the date of notification of the CTTT’s order.
The applicant must be able to show that the decision was not ‘fair and equitable’, or it was against the weight of evidence, or significant new evidence is now available that was not available at the time of the hearing and that a rehearing would lead to a different result.
Can a tenant be evicted for complaining?
A landlord cannot evict a tenant for asserting their rights. If the tenant refuses to leave the property, the landlord will need to apply to the CTTT for a termination and possession order.
The tenant should ensure they attend the CTTT hearing and let the Tribunal know about the landlord’s actions. The CTTT can refuse to grant a termination order to the landlord. |
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