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RESIDENTIAL TENANCIES ACT 1995 - SECT 84

RESIDENTIAL TENANCIES ACT 1995 - SECT 84

84—Limitation of right to terminate

        (1)         If—

            (a)         premises to which a residential tenancy agreement applies—

                  (i)         have, within the preceding 6 months, been the subject of an inspection by an authorised officer within the meaning of the Housing Improvement Act 2016 in connection with the administration or enforcement of that Act; or

                  (ii)         are subject to a housing assessment order, housing improvement order, housing demolition order, preliminary rent control notice or rent control notice; or

            (b)         an order is in force under section 56 (Excessive rent) in respect of the premises or proceedings for such an order have been commenced,

the landlord may only terminate the tenancy by notice of termination under this Part if the notice of termination is given on 1 or more grounds prescribed by regulation for the purposes of this subsection and the Tribunal authorises the notice of termination.

        (2)         The Tribunal may authorise a notice of termination under this section if satisfied of the genuineness of the proposed ground on which the notice is to be given.

        (3)         This section does not apply to a notice of termination given by the landlord

            (a)         to terminate a residential tenancy agreement for a fixed term at the end of the fixed term; or

            (b)         for a failure to pay rent lawfully owed to the landlord.

        (4)         This section does not apply if a notice to vacate applies in respect of the premises.