(1)  An owner of residential premises, including but not limited to social housing, may serve on a tenant of the premises a notice requiring the tenant to deliver vacant possession of the premises to the owner for any of the following reasons:

(a) that the tenant has failed to comply with any provision of the residential tenancy agreement, except if subsection (4A) applies in relation to the notice in respect of the premises;

(b) where the residential tenancy agreement is not for a fixed period, that –

(i) the premises are to be sold or transferred to another person; or

(ii) the premises are to be used for a purpose other than as residential premises for rental; or

(iii) significant renovations are to be performed in respect of the premises; or

(iv) the premises are to be used as a residence by a member of the family of the owner;

(c) .  .  .  .  .  .  .  .  

(d) that a residential tenancy agreement is due to expire not more than 60 days after service of the notice;

(da) that, where the residential tenancy agreement relates to social housing –

(i) the income, from the prescribed sources, of the tenant (or, if the tenant is a member of a household, of all members of the household), for a continuous 12-month period, beginning not more than 18 months before the notice is given, is more than the prescribed amount; or

(ii) the value, in the 30 days before the notice is given, of the assets of the prescribed type, of the tenant (or, if the tenant is a member of a household, of all members of the household), is more than the prescribed amount, after there is deducted from the prescribed amount the total amount of all debts and liabilities of the tenant (or, if the tenant is a member of the household, of all the members of the household);

(db) that, where the residential tenancy agreement relates to social housing –

(i) the premises contain 4 or more bedrooms, the tenants do not reasonably require all of the bedrooms in the premises and alternative premises have been offered to the tenant by the owner; or

(ii) the premises have a special facility, or modification, suitable for a person with a disability or special requirements, the tenant does not require such a facility or modification and alternative premises have been offered to the tenant by the owner;

(dc) that, where the residential tenancy agreement relates to social housing, the tenant has, without the approval of the social housing provider, for a continuous period of more than 8 weeks not occupied the premises;

(dd) that, where the residential tenancy agreement relates to social housing provided by a social housing provider who leases the premises from Homes Tasmania, the lease of the premises from Homes Tasmania has expired or is to expire, or has been, or is to be, terminated by Homes Tasmania;

(e) that an order has been made under section 86 of the Land Titles Act 1980 for foreclosure of the premises;

(f) that the premises are to be sold pursuant to section 78 of the Land Titles Act 1980 ;

(g) that the tenant has caused nuisance at the premises that is substantial.

(1A)  For the purposes of subsection (1)(b) , significant renovations are to be performed in respect of premises if –

(a) the premises would be unfit for occupation while the renovations are taking place; or

(b) were the premises to remain occupied by a tenant during the renovations, there would be a risk to the health or safety of any tenant, any visitors or any person carrying out the renovations.

(1B)  The regulations may prescribe for the purposes of subsection (1)(db)(i) the circumstances in which tenants do not reasonably require all of the bedrooms in premises.

(2)  A notice to vacate is not required if –

(a) the tenant has abandoned the residential premises; or

(b) an application under section 41 is made for an order of termination.

(3)  Any payment of rent after a notice to vacate takes effect does not constitute the existence of a new residential tenancy agreement.

(4)  In subsection (1)(b)(iv) and subsection (5) , a reference to an owner in relation to a member of the family of the owner does not include a reference to a person who is an owner by virtue of paragraph (c) of the definition of  owner in section 3(1) .

(4A)  Subsection (1)(a) does not apply in relation to a notice in respect of premises if –

(a) the failure to comply with a provision of the agreement in relation to the premises consists of a failure by the tenant to pay rent; and

(b) either –

(i) the notice to vacate in relation to the premises is given within the emergency period or a subsequent COVID-19 emergency period; or

(ii) the notice to vacate in relation to the premises was given before the COVID-19 emergency day, or before the day on which a subsequent COVID-19 emergency period begins, and the tenant has not before that day delivered vacant possession of the premises.

(5)  In this section –

member of the family of an owner means –

(a) the owner's domestic partner, son, daughter or parent; or

(b) a parent of the owner's domestic partner; or

(c) another person who normally lives with the owner and is wholly or substantially dependent on the owner.

(6)  In this section, a tenant is a member of a household if the person is one of 2 or more persons, whether or not the person is related to any of the other persons, who –

(a) occupy the same residential premises; and

(b) contribute money for the purchase of food to be consumed at the premises or for the payment of amounts (apart from rent) owed for the provision of goods or services to the premises.