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RESIDENTIAL TENANCIES AMENDMENT (TERMINATION OF UNACCEPTABLE CONDUCT) BILL 2005

Serial 12
Residential Tenancies Amendment (Termination for Unacceptable Conduct) Bill (No. 2) 2005
Mrs Braham

A BILL
for

AN ACT
to amend the Residential Tenancies Act

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2005

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AN ACT

[Assented to [ ] 2005]

[Second reading [ ] 2005]

The Legislative Assembly of the Northern Territory enacts as follows:

Short title

This Act may be cited as the Residential Tenancies Amendment (Termination for Unacceptable Conduct) Act 2005.

Principal Act amended

This Act amends the Residential Tenancies Act.

Repeal and substitution of section 100

Section 100 –

repeal, substitute

100. Conduct of tenant unacceptable

(1) A court may, on the application of the landlord or an interested person, terminate a tenancy and make an order for possession of the premises if satisfied the tenant has –

(a) used the premises, or caused or permitted the premises to be used, for an illegal purpose; or

(b) repeatedly caused a nuisance on or from the premises or repeatedly permitted a nuisance to be caused on or from the premises; or

(c) repeatedly caused or repeatedly permitted an interference with the reasonable peace or privacy of a person residing in the immediate vicinity of the premises.

(2) An order must state the date it takes effect.

(3) If the application is made by an interested person, the court may make an order only if the landlord is given a reasonable opportunity to be heard.

(4) In addition, if the landlord objects to the making of an order, the court may make an order only if satisfied exceptional circumstances exist.

(5) In this section –

"interested person", for an application under this section, means a person who has been adversely affected by the conduct of the tenant on which the application is based.

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