RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 375 Power to remove resident

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 375

375 Power to remove resident

(1) This section applies if—

(a) a provider has given a resident a notice under this part requiring the resident to leave the rental premises and the due day for leaving has passed; or

(b) a provider has given a resident a notice under this part terminating the rooming accommodation agreement and the agreement has ended.

(2) If the resident refuses to leave the premises, it is lawful for the provider and anyone helping the provider to use necessary and reasonable force to remove the resident and the resident’s property from the rental premises.

(3) However, the provider or someone helping the provider may use force under subsection (2) only while a police officer is present.

Note—

See the Police Powers and Responsibilities Act 2000 , section 611 .

(4) For exercising a power under subsection (2) , the provider or other person may enter the resident’s room.

(5) The force that may be used under subsection (2) does not include force that is likely to cause bodily harm to the resident or damage the resident’s property.

(6) In this section—


"bodily harm" means any bodily injury that interferes with health or comfort.


"due day" , for leaving rental premises, means—

(a) for a notice requiring a resident to leave by a stated day—the stated day; or

(b) for a notice requiring a resident to leave immediately—the day on which the notice is given.