Residential Tenancies Act 2010 No 42
79 Change of tenants after AVO
(1) Termination of tenancy
On the making of a final apprehended violence order that prohibits
a co-tenant or a tenant from having access to the residential premises, the
tenancy of that co-tenant or tenant under the residential tenancy agreement is
terminated. Such a termination does not affect the tenancy of any co-tenant
not subject to the order.
(2) Tribunal may recognise occupant as tenant after
The Tribunal may, on application by a remaining occupant or
co-tenant, make an order recognising the remaining occupant as a tenant under
the residential tenancy agreement, if the tenant, or a co-tenant or a former
tenant or co-tenant is prohibited by a final apprehended violence order from
having access to the residential premises.
An order under this section may vest a tenancy over the
residential premises in an occupant on such of the terms of the previous
residential tenancy agreement as the Tribunal thinks appropriate having regard
to the circumstances of the case.
(4) An application for an order under this section may be made at the
same time as any other application or during proceedings before the Tribunal
or independently of any such other application or
(5) A Tribunal may not make an order under this section in respect of
a social housing tenancy agreement unless the remaining occupant meets any
applicable eligibility requirements of the social housing provider for tenancy
of the premises.