Western Australian Current Acts Western Australian Current Acts (1) This section
applies to a person who is or was in possession of residential premises as
—
(a) a
tenant under a residential tenancy agreement; or
(b) a
tenant holding over after termination of a residential tenancy agreement,
at a time when
proceedings for the recovery of possession of the premises had been commenced
before a court by a person (the plaintiff ) who is not the lessor under the
agreement.
(2) A person to whom
this section applies may apply for an order under this section and such an
application may be made to —
(a) the
court before which the proceedings are pending; or
(b) if
the proceedings have been completed or possession has been recovered — a
competent court,
within a reasonable
time after the applicant was given notice of the proceedings or, if no notice
was given, within a reasonable time after the recovery of possession of the
residential premises.
(3) The court may, on
such an application, and if it thinks it appropriate to do so in the special
circumstances of the case, make an order vesting a tenancy over the
residential premises in the applicant.
(4) The tenancy is to
be held of the plaintiff, and on such terms and conditions as the court thinks
fit, having regard to the circumstances of the case.
(5) Such an
application or order may be made, even though —
(a)
notice was not given to the applicant of the proceedings brought by the
plaintiff; or
(b) the
proceedings brought by the plaintiff have been completed or possession of the
residential premises has been recovered by the plaintiff.
[Section 81 inserted: No. 60 of 2011 s. 79.]
[Heading inserted: No. 60 of 2011 s. 96.]
[Heading inserted: No. 60 of 2011 s. 96.]