RESIDENTIAL TENANCIES ACT 1995 - SECT 87
RESIDENTIAL TENANCIES ACT 1995 - SECT 87
87—Termination on application by landlord
(1) The Tribunal may,
on application by a landlord, terminate a residential tenancy and make an
order for possession of the premises if satisfied that—
(a) the
tenant has committed a breach of the residential tenancy agreement; and
(b) the
breach is sufficiently serious to justify termination of the tenancy 1 .
(1a) The Tribunal may,
on application by a landlord, terminate a residential tenancy and make an
order for possession of the premises if satisfied that—
(a) the
tenant has failed to pay rent in breach of the residential tenancy agreement;
and
(b) on
at least 2 occasions in the 12 month period preceding the
breach—
(i)
the tenant was given a notice under section 80 of a
breach of the agreement on the ground of a failure to pay rent; and
(ii)
the notice was not ineffectual within the meaning of
section 80(2).
(1b) On an application
under subsection (1a), the Tribunal may make alternative orders providing
for the tenant to comply with specified conditions in relation to the payment
of rent under the agreement.
(2) The Tribunal may,
on application by a landlord, terminate a residential tenancy and make an
order for immediate possession of the premises if the tenant or a person
permitted on the premises with the consent of the tenant has, intentionally or
recklessly, caused or permitted, or is likely to cause or permit—
(a)
serious damage to the premises; or
(b)
personal injury to—
(i)
the landlord or the landlord's agent; or
(ii)
a person in the vicinity of the premises.
Note—
1 A tenancy may be terminated by a notice under
section 80 if the tenant fails to remedy a breach after being required to
do so by the landlord. This alternative procedure may be appropriate if (for
example) the breach is not capable of remedy.