RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 357 Order about abandonment

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 357

357 Order about abandonment

(1) If the lessor believes on reasonable grounds that the tenant has abandoned the premises, the lessor may apply to a tribunal for an order under this section.

(2) The application may be decided by a tribunal or registrar.

(3) The lessor may make the application instead of giving an abandonment termination notice to the tenant.

(4) If an application is made, a tribunal or registrar may make an order declaring that the premises were abandoned by the tenant on the day stated in the order.

(5) If the tribunal or registrar makes an order under subsection (4) , the tenant is taken to have abandoned the premises on the day stated in the order.

(6) In deciding whether to make the order, the tribunal or registrar may have regard to the following—

(a) a failure of the tenant to pay rent under the agreement;

(b) any presence at the premises of uncollected mail, newspapers or other material;

(c) any reports from neighbours of the tenant or from other persons indicating the tenant has abandoned the premises;

(d) any disconnection of services (including gas, electricity and telephone) to the premises;

(e) any absence from the premises of household goods;

(f) a failure of the tenant to respond to an entry notice for the premises;

(g) anything else the tribunal or registrar considers relevant.

Note—

Under section 361 a former tenant may apply to a tribunal for a review of a decision of a registrar or tribunal declaring the person abandoned premises on a stated day.