Division 5Division 5 Termination of social housing tenancy agreements—additional grounds
143 Termination notice may be given on ground that tenant not eligible for social housing
A landlord under a social housing tenancy agreement may give a termination notice to the tenant on the ground that the landlord has determined, as the result of an assessment carried out under this Division, that the tenant is not eligible to reside in the class of social housing premises to which the agreement applies (the eligibility ground).
144 Eligibility assessments of social housing tenants
(1) In carrying out an assessment of the eligibility of a tenant under a social housing tenancy agreement to reside in the class of social housing premises concerned, the landlord is to apply the criteria approved by the appropriate Minister for the purposes of this section.(2) Any such criteria may differ from the criteria used to assess a person’s eligibility to commence residing in that class of social housing premises.(3) The criteria used for the purposes of an assessment must not relate to whether or not the tenant has complied with any term of the agreement.(4) The landlord may request the tenant to provide any information that is reasonably required to enable the landlord to determine whether the tenant meets the criteria for the purposes of an assessment under this section.(5) If the tenant refuses to provide any such information to the landlord, the landlord may determine, without further inquiry, that the tenant is not eligible to reside in the class of social housing premises concerned.(6) In the case of a fixed term agreement, an assessment may not be carried out earlier than 6 months before the end of the fixed term.(7) The criteria referred to in this section are to be made publicly available.(8) A copy of the criteria is to be provided, on request, to any tenant under a social housing tenancy agreement free of charge and to other persons either free of charge or on payment of reasonable copying charges.
145 Review of decision to give notice on ground that tenant not eligible for social housing
(1) Notice to be given before termination notice
Before giving a termination notice to a tenant under a social housing tenancy agreement on the eligibility ground, the landlord is to advise the tenant of the decision to do so by notice in writing.(2) Right to review
A notice given under this section must:(a) contain particulars of the reasons why the tenant is no longer considered eligible to reside in the social housing premises, and(b) state that the tenant may apply to the landlord for a review of the decision within 30 days after the notice is given and give particulars of how such an application may be made, and(c) state that the tenant is entitled to make representations to the landlord in writing, or (if the tenant wishes) orally, as to why the agreement should not be terminated.(3) The tenant may, in accordance with the notice:(a) apply to the landlord for a review of the decision, and(b) make representations in writing, or (if the tenant wishes) orally, to the landlord as to why the agreement should not be terminated.(4) If the tenant applies to the landlord for a review under this section, the landlord is to review the decision, in accordance with any procedures approved by the appropriate Minister for the purposes of this section, and consider any representations made by the tenant.(5) Decision of landlord following review
After the review is carried out, the landlord may:(a) give a termination notice on the eligibility ground, or(b) advise the tenant, by notice in writing, that the landlord has decided not to give the termination notice.(6) Procedural fairness taken to have been observed
If the landlord complies with this section, the landlord is taken to have complied with any rules of procedural fairness required to be observed by the landlord before giving a termination notice to the tenant on the eligibility ground.
146 Time periods to be observed in giving termination notice on ground that tenant not eligible for social housing
(1) A termination notice of a social housing tenancy agreement is not to be given by a landlord to a tenant on the eligibility ground before the later of the following:(a) the end of the 30-day period within which the tenant may apply for a review under this Division of the decision to give the termination notice,(b) the end of any such review carried out in respect of that decision.(2) The termination notice must specify a termination date:(a) in the case of a fixed term agreement—that is on or after the end of the term of the fixed term and not earlier than 60 days after the day on which the notice is given, or(b) in the case of a periodic agreement—that is not earlier than 60 days after the day on which the notice is given.
147 Termination by Tribunal on eligibility ground
(1) The Tribunal must, on application by the landlord under a social housing tenancy agreement, terminate the agreement on the eligibility ground if it is satisfied that:(a) any notice required to be given, or any review required to be carried out, was given or carried out in accordance with this Division before giving the termination notice on the eligibility ground, and(b) a termination notice has been given in accordance with this Division, and(c) the landlord has determined, as a result of an assessment under this Division, that the tenant is not eligible to reside in the class of social housing premises to which the agreement applies.(2) In deciding whether or not to make an order, the Tribunal is not to review the eligibility of the tenant to reside in the class of social housing premises to which the agreement applies.
148 Termination notice may be given on ground that tenant offered alternative social housing premises
A landlord under a social housing tenancy agreement may give a termination notice to the tenant on the ground that the landlord has offered to enter into a new social housing tenancy agreement with the tenant in respect of alternative premises to the premises the subject of the existing social housing tenancy agreement (the alternative premises ground) and the tenant has failed to accept, or has rejected, the offer.
149 Review of decision to give termination notice on ground that tenant offered alternative social housing premises
(1) Notice to be given before termination notice
Before giving a termination notice to the tenant on the alternative premises ground, the landlord is to advise the tenant of the decision to do so by notice in writing.(2) The landlord may make the offer to enter into a new social housing tenancy agreement and give notice of the decision at the same time.(3) Right to review
A notice given under this section must:(a) contain particulars of the reasons why the landlord wishes the tenant to move to alternative premises, and(b) state that the tenant may apply to the landlord for a review of the decision within 14 days after the notice is given and give particulars of how such an application may be made, and(c) state that the tenant is entitled to make representations to the landlord in writing, or (if the tenant wishes) orally, as to why the existing agreement should not be terminated.(4) The tenant may, in accordance with the notice:(a) apply to the landlord for a review of the decision, and(b) make representations in writing, or (if the tenant wishes) orally, to the landlord as to why the existing agreement should not be terminated.(5) If the tenant applies to the landlord for a review under this section, the landlord is to review the decision, in accordance with any procedures approved by the appropriate Minister for the purposes of this section, and consider any representations made by the tenant.(6) Decision of landlord following review
After the review is carried out, the landlord may:(a) give a termination notice on the alternative premises ground, or(b) advise the tenant, by notice in writing, that the landlord has decided not to give the termination notice, or(c) make a new offer to the tenant to enter into a new social housing tenancy agreement in respect of alternative premises that differ from those the subject of the offer in respect of which the review was carried out.(7) Right to second review if new offer made
If a new offer is made under subsection (6) (c), subsections (1)–(6) apply in relation to giving a termination notice in connection with the new offer. Accordingly, the landlord is required to give a second notice, and the tenant is entitled to a second review, under this section. However, the landlord is not required to give any further notice, and the tenant is not entitled to any further review, under this section in relation to giving a termination notice following a second review.(8) Procedural fairness taken to have been observed
If the landlord complies with this section, the landlord is taken to have complied with any rules of procedural fairness required to be observed by the landlord before giving a termination notice on the alternative premises ground.
150 Time periods to be observed in giving termination notice on ground that tenant offered alternative social housing premises
(1) A termination notice of a social housing tenancy agreement is not to be given to the tenant on the alternative premises ground before the later of the following:(a) the end of the 14-day period within which the tenant may apply for any review of the decision to give the termination notice,(b) the end of any such review carried out in respect of that decision.(2) However, if the landlord and tenant enter into a new social housing tenancy agreement before the end of that 14-day period or any such review, the termination notice may be given on or after the day on which they enter into the new agreement.(3) The termination notice must specify a termination date that is not earlier than 30 days after the day on which the notice is given, unless it specifies an earlier day to which the tenant has consented.(4) The termination notice is ineffective unless the alternative premises in connection with which the termination notice is given are available for occupation no later than 7 days before the termination date.(5) The termination notice may specify a termination date that is before the end of the fixed term of the social housing tenancy agreement if it is a fixed term agreement.
151 Termination by Tribunal on alternative premises ground
(1) The Tribunal must, on application by the landlord under a social housing tenancy agreement, terminate the agreement on the alternative premises ground if it is satisfied that:(a) any notice required to be given, or any review required to be carried out, was given or carried out in accordance with this Division before giving the termination notice on the alternative premises ground, and(b) a termination notice has been given in accordance with this Division, and(c) the landlord has offered to enter into a new social housing tenancy agreement with the tenant in respect of alternative premises to the premises the subject of the existing agreement, and(d) alternative premises (which may or may not be the same as the alternative premises in connection with which the notice was given) are available for occupation by the tenant.(2) In deciding whether or not to make an order, the Tribunal is not to review the landlord’s reasons for making the offer concerned.
152 Termination by Tribunal of social housing tenancy agreements for breach
(1) In determining whether to terminate a social housing tenancy agreement on the ground of a breach by the tenant, the Tribunal is to have regard to such of the following matters as may be relevant:(a) any serious adverse effects the tenancy has had on neighbouring residents or other persons,(b) whether any breach of the agreement was a serious one, and whether, given the behaviour or likely behaviour of the tenant, a failure to terminate the agreement would subject, or continue to subject, neighbouring residents or any persons or property to unreasonable risk,(c) the landlord’s responsibility to its other tenants,(d) whether the tenant, wilfully or otherwise, is or has been in breach of an order of the Tribunal,(e) the history of the tenancy concerned, including any prior tenancy of the tenant arising under a social housing tenancy agreement.(2) This section does not limit any other matters that may be considered by the Tribunal under any other provision of this Act.
153 Termination notice—acceptable behaviour agreements
(1) The New South Wales Land and Housing Corporation may give a termination notice of a social housing tenancy agreement to the tenant on either of the following grounds:(a) that the tenant has failed or refused to enter into an acceptable behaviour agreement as requested by the Corporation,(b) that the tenant has seriously or persistently breached the terms of an acceptable behaviour agreement.(2) The termination notice must specify a termination date that is not earlier than 14 days after the day on which the notice is given.(3) The termination notice may specify a termination date that is before the end of the fixed term of the social housing tenancy agreement if it is a fixed term agreement.
154 Termination by Tribunal on behaviour ground
The Tribunal may, on application by the New South Wales Land and Housing Corporation, terminate a social housing tenancy agreement if it is satisfied that a termination notice has been given in accordance with this Division and the tenant:(a) has failed or refused to enter into an acceptable behaviour agreement as requested by the Corporation, or(b) has entered into such an agreement and has failed to satisfy the Tribunal that the tenant has not seriously or persistently breached the terms of that agreement.
This Division is in addition to, and does not limit, any other right conferred on a landlord of a social housing tenancy agreement as a landlord under any other provision of this Act.