(1) A competent court
may, upon application by the lessor or tenant under a residential tenancy
agreement, terminate the agreement, if it is satisfied that the lessor or
tenant would, in the circumstances of the case, suffer undue hardship if the
lessor or tenant were required to terminate the agreement under any other
provision of this Act.
(2) Where a court
terminates a residential tenancy agreement under this section, it —
(a)
shall also make an order for possession of the premises and shall specify a
day as from which the orders shall operate that it considers is, in the
circumstances of the case, appropriate; and
(b) may
make such other orders as to compensation of the tenant or lessor for any loss
caused thereby or as to any other matter that it considers is, in the
circumstances of the case, appropriate.
[Section 74 amended: No. 50 of 1988 s. 18; No. 59
of 2004 s. 120 and 121; No. 60 of 2011 s. 73 and 88.]