RESIDENTIAL TENANCIES ACT 1999 - SECT 99A Failure by tenant relating to acceptable behaviour agreement

RESIDENTIAL TENANCIES ACT 1999 - SECT 99A

    (1)     The Tribunal may, on the application of the CEO (Housing), terminate a tenancy under the Housing Act 1982 and make an order for possession of the premises if satisfied:

        (a)     the tenant has failed or refused to enter into an acceptable behaviour agreement as required by a notice given under section 28C (1) of that Act; and

        (b)     the notice requiring the tenant to enter into an acceptable behaviour agreement was given in accordance with section 28C of that Act.

    (2)     The Tribunal may, on the application of the CEO (Housing), terminate a tenancy under the Housing Act 1982 and make an order for possession of the premises if satisfied:

        (a)     the tenant has entered into an acceptable behaviour agreement; and

        (b)     the entry into the acceptable behaviour agreement was as a result of a notice given in accordance with section 28C of that Act; and

        (c)     the tenant has seriously or repeatedly breached the terms of the acceptable behaviour agreement.

    (3)     For subsection (2)(c), if the breach relates only to the behaviour of another person occupying the premises with the consent of the tenant:

        (a)     the Tribunal may have regard to actions taken by the tenant to prevent the breach by the other person, including by making an application for a declaration of restricted premises under Part VIIIA of the Liquor Act 1978 ; and

        (b)     if the Tribunal is satisfied the tenant has taken all reasonable actions to prevent the breach by the other person, the Tribunal may be satisfied there is no breach by the tenant.

    (4)     An order for possession must specify the date it takes effect.