It could be argued that a tenant who has no valid grounds of dispute but defies a matured s21 notice and waits for a hearing to leave is simply exercising his rights to stay until asked politely to leave by the authorities and thus not consuming court's time frivolously or needlessly. But one who then subsequently defies a possession order after the date of possession...

They are then defying an instrument of the court rather than one of the landlord and essentially saying to the court, "asking me isn't enough; come make me." In this case it seems clear that a former tenant should perhaps be made the hear the costs of such process.

Is it equally easy and/or common for both types of costs to be charged to tenants and awarded from them?


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