New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 35A

35A Acceptable behaviour agreements for public housing tenants

(1) The New South Wales Land and Housing Corporation may, by notice in writing given to a tenant under a public housing tenancy agreement, request the tenant to give a written undertaking (referred to in this Act as an "acceptable behaviour agreement"), in the terms specified in the notice, not to engage in specified anti-social behaviour on any of the following:

(a) the premises to which the tenancy agreement relates,

(b) any property adjoining or adjacent to those premises (including any property that is available for use by the tenant in common with others).

(2) The operation of an acceptable behaviour agreement extends to the behaviour of any other person occupying (or jointly occupying) the premises with the consent of the tenant (a "lawful occupier"). Accordingly, if any such lawful occupier engages in any anti-social behaviour that is specified in the agreement, the tenant is taken to have engaged in the behaviour and breached the agreement.

(3) The Corporation may request a tenant to enter into an acceptable behaviour agreement under subsection (1) only if the Corporation is of the opinion that, based on:

(a) the history of the tenancy concerned, or

(b) the history of any prior tenancy under a public housing tenancy agreement entered into by the tenant and the Corporation,

the tenant, or a lawful occupier of the premises to which the tenancy relates, is likely to engage in anti-social behaviour on those premises or any property adjoining or adjacent to those premises (including any property that is available for use by the tenant in common with others).

(4) In making a request under subsection (1), the Corporation must inform the tenant that if:

(a) the tenant fails or refuses to enter into an acceptable behaviour agreement as requested, or

(b) the tenant, after entering into such an agreement, seriously or persistently breaches the terms of the agreement,

the Corporation may give notice of the termination of the tenancy agreement entered into by the Corporation and the tenant.

(5) An acceptable behaviour agreement is of no effect unless the Corporation has complied with subsection (4) in relation to the agreement.

(6) In this section, a reference to anti-social behaviour includes a reference to emission of excessive noise, littering, dumping of cars, vandalism and defacing of property.