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RESIDENTIAL TENANCIES ACT 1987 - SECT 75A

RESIDENTIAL TENANCIES ACT 1987 - SECT 75A

75A .         Termination of social housing tenancy agreement due to objectionable behaviour

        (1)         A competent court may, upon application by the lessor under a social housing tenancy agreement, terminate the agreement if it is satisfied that the tenant has —

            (a)         used the social housing premises, or caused or permitted the social housing premises to be used, for an illegal purpose; or

            (b)         caused or permitted a nuisance by the use of the social housing premises; or

            (c)         interfered, or caused or permitted any interference, with the reasonable peace, comfort or privacy of any person who resides in the immediate vicinity of the premises,

                and that the behaviour justifies terminating the agreement.

        (2)         The court may, on an application made under this section, make such other orders or give such other directions as the court in the circumstances of the case thinks fit, including, if there has been a breach of the agreement, making any order that the court may make under section 15.

        (3)         In deciding if the behaviour justifies terminating the agreement, or making any order or giving any direction referred to in subsection (2), the court may have regard to whether the behaviour was recurrent and, if it was recurrent, the frequency of the recurrences.

        (4)         Subsection (3) does not limit the issues to which the court may have regard.

        (5)         Where a court terminates a social housing tenancy agreement under this section, it must also make an order for possession of the social housing premises and must specify a day as from which the orders are to operate that it considers, in the circumstances of the case, appropriate.

        (6)         For the purposes of section 16(1), an order made by the court under subsection (2) is to be taken to have been made under section 15(2).

        [Section 75A inserted: No. 60 of 2011 s. 95.]