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HOUSING ACT 1982 - SECT 28C Acceptable behaviour agreements

HOUSING ACT 1982 - SECT 28C

Acceptable behaviour agreements

    (1)     If the Chief Executive Officer (Housing) reasonably believes a tenant of public housing premises, or a recognised occupier of those premises, is likely to engage in antisocial behaviour, the Chief Executive Officer (Housing) may, by written notice, require the tenant to enter into an acceptable behaviour agreement.

    (2)     The notice must include the following information about the acceptable behaviour agreement:

        (a)     the period within which the tenant is required to enter into it (being not less than 28 days after the notice is given);

        (b)     the period for which the agreement is to have effect;

        (c)     a description of the antisocial behaviour and the terms of the agreement;

        (d)     a statement about the operation of the agreement as specified by subsection (4);

        (e)     a statement that the Chief Executive Officer (Housing) may apply to a court under section 99A of the Residential Tenancies Act 1999 for termination of the lease if the tenant:

            (i)     fails or refuses to enter into the agreement; or

            (ii)     seriously or repeatedly breaches the terms of the agreement.

    (3)     The Chief Executive Officer (Housing) may form the belief mentioned in subsection (1) having regard to the following matters, including matters that happened before the commencement of this section:

        (a)     the history of the tenancy or a former tenancy involving the tenant whether as a tenant or recognised occupier;

        (b)     the history of another tenancy involving a recognised occupier of the tenant, whether the recognised occupier was the tenant or a recognised occupier in relation to the other tenancy;

        (c)     other matters the Chief Executive Officer (Housing) considers relevant.

    (4)     The operation of the acceptable behaviour agreement extends to the behaviour of:

        (a)     a recognised occupier of the relevant public housing premises; and

        (b)     any other person occupying those premises with the consent of the tenant of those premises.

    (5)     Subject to section 99A(3) of the Residential Tenancies Act 1999 , if a recognised occupier of public housing premises, or other person occupying those premises with the consent of the tenant of those premises, engages in behaviour in breach of an acceptable behaviour agreement entered into by the tenant, the tenant is taken to have breached the agreement.

    (6)     The acceptable behaviour agreement is of no effect if the notice requiring the tenant to enter into the agreement does not contain the matters required by subsection (2).