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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 20 October 2017 at 00:09)
Part 5 Division 2
Division 2 Termination by landlord
84   End of residential tenancy agreement at end of fixed term tenancy
(1)  A landlord may, at any time before the end of the fixed term of a fixed term agreement, give a termination notice for the agreement that is to take effect on or after the end of the fixed term.
(2)  The termination notice must specify a termination date that is on or after the end of the fixed term and not earlier than 30 days after the day on which the notice is given.
(3)  The Tribunal must, on application by a landlord, make a termination order if it is satisfied that a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(4)  This section does not apply to a residential tenancy agreement if the tenant has been in continual possession of the same residential premises for a period of 20 years or more and the fixed term of the original fixed term agreement has ended.
85   Termination of periodic agreement
(1)  A landlord may, at any time, give a termination notice for a periodic agreement.
(2)  The termination notice must specify a termination date that is not earlier than 90 days after the day on which the notice is given.
(3)  The Tribunal must, on application by a landlord, make a termination order if it is satisfied that a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(4)  This section does not apply to a residential tenancy agreement if the tenant has been in continual possession of the same residential premises for a period of 20 years or more.
86   Sale of premises
(1)  A landlord may give a termination notice on the ground that the landlord has entered into a contract for the sale of the residential premises under which the landlord is required to give vacant possession of the premises.
(2)  The termination notice must specify a termination date that is not earlier than 30 days after the day on which the notice is given.
(3)  The landlord must not give a termination notice under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(4)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that:
(a)  the landlord has entered into a contract for the sale of the residential premises that is proceeding under which the landlord is required to give vacant possession of the premises, and
(b)  a termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
87   Breach of agreement
(1)  A landlord may give a termination notice on the ground that the tenant has breached the residential tenancy 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 residential tenancy agreement if it is a fixed term agreement.
(4)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that:
(a)  the tenant has breached the residential tenancy agreement, and
(b)  the breach is, in the circumstances of the case, sufficient to justify termination of the agreement, and
(c)  the termination notice was given in accordance with this section and the tenant has not vacated the premises as required by the notice.
(5)  In considering the circumstances of the case, the Tribunal may consider (but is not limited to considering) the following:
(a)  the nature of the breach,
(b)  any previous breaches,
(c)  any steps taken by the tenant to remedy the breach,
(d)  any steps taken by the landlord about the breach,
(e)  the previous history of the tenancy.
(6)  The Tribunal may refuse to make a termination order if it is satisfied that the tenant has remedied the breach.
Note.
 Section 154E sets out additional matters to be considered if the residential tenancy agreement is a social housing tenancy agreement.
88   Termination notices for non-payment of rent
(1)  A termination notice given by a landlord on the ground of a breach of the residential tenancy agreement solely arising from failure to pay rent (a non-payment termination notice) has no effect unless the rent has remained unpaid in breach of the agreement for not less than 14 days before the notice is given.
(2)  A non-payment termination notice is not ineffective merely because of any failure of the landlord or the landlord’s agent to make a prior formal demand for payment of the rent.
(3)  A non-payment termination notice must inform the tenant that the tenant is not required to vacate the residential premises if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord, unless the Tribunal makes a termination order on the basis that the tenant has frequently failed to pay rent on time.
(4)  Despite any other provision of this Part, a landlord may apply to the Tribunal for a termination order before the termination date specified in a non-payment termination notice. The Tribunal must not consider any such application until after the termination date.
89   Repayment of rent owing following issue of non-payment termination notice
(1)  This section applies if a landlord gives a tenant a non-payment termination notice.
(2)  The Tribunal must not make a termination order on the ground set out in the notice if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord.
(3)  A termination of the residential tenancy agreement solely on the ground of non-payment of rent, and any warrant for possession issued as a result of any order for possession, cease to have effect if the tenant pays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord and the tenant has not vacated the residential premises.
(4)  If a tenant repays all the rent owing or enters into, and fully complies with, a repayment plan agreed with the landlord, the landlord must notify:
(a)  the Tribunal, if the landlord has applied to the Tribunal for a termination order on the ground of non-payment of rent and the application has not been finally dealt with, or
(b)  the Sheriff, if a termination order has been made and a warrant for possession of the residential premises has been issued but has not been enforced by the Sheriff.
Maximum penalty: 20 penalty units.
(5)  The Tribunal may, on application by a landlord, make a termination order despite subsection (2) or (3) if it is satisfied that the tenant has frequently failed to pay rent owing for the residential premises on or before the day set out in the residential tenancy agreement.
(6)  If the Tribunal makes a termination order as referred to in subsection (5), a warrant for possession may be issued as a result of that order, even if the tenant has paid all rent owing or complied with a repayment plan.
90   Serious damage or injury by tenant or other occupant
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted:
(a)  serious damage to the residential premises or any neighbouring property (including any property available for use by the tenant in common with others), or
(b)  injury to the landlord, the landlord’s agent, an employee or contractor of the landlord or the landlord’s agent, or an occupier or person on neighbouring property or premises used in common with the tenant.
(2)  The termination order may specify that the order for possession takes effect immediately.
(3)  A landlord may make an application under this section without giving the tenant a termination notice.
(4)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(5)  In this section:
neighbouring property means:
(a)  property adjoining or adjacent to the residential premises, or
(b)  property owned by the landlord in the general locality of the residential premises.
91   Use of premises for illegal purposes
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has intentionally or recklessly caused or permitted:
(a)  the use of the residential premises or any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others) for the purposes of the manufacture, sale, cultivation or supply of any prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985, or
(b)  the use of the residential premises for any other unlawful purpose and that the use is sufficient to justify the termination.
(2)  In considering whether to make a termination order on the ground specified in subsection (1) (b), the Tribunal may consider (but is not limited to considering) the following:
(a)  the nature of the unlawful use,
(b)  any previous unlawful uses,
(c)  the previous history of the tenancy.
(3)  The termination order may specify that the order for possession takes effect immediately.
(4)  A landlord may make an application under this section without giving the tenant a termination notice.
(5)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
92   Tribunal may terminate residential tenancy agreement for threat, abuse, intimidation or harassment
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the residential premises, has:
(a)  seriously or persistently threatened or abused the landlord, the landlord’s agent or any employee or contractor of the landlord or landlord’s agent, or caused or permitted any such threats, abuse or conduct, or
(b)  intentionally engaged, or intentionally caused or permitted another person to engage, in conduct in relation to any such person that would be reasonably likely to cause the person to be intimidated or harassed (whether or not any abusive language or threat has been directed towards the person).
(2)  The termination order may specify that the order for possession takes effect immediately.
(3)  A landlord may make an application under this section without giving the tenant a termination notice.
(4)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
93   Hardship to landlord
(1)  The Tribunal may, on application by a landlord, make a termination order if it is satisfied that the landlord would, in the special circumstances of the case, suffer undue hardship if the residential tenancy agreement were not terminated.
(2)  The Tribunal may, if it thinks fit, also order the landlord to pay compensation to the tenant for the tenant’s loss of the tenancy.
(3)  The tenant must take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been reasonably avoided by the tenant.
(4)  A landlord may make an application under this section without giving the tenant a termination notice.
(5)  The Tribunal may make a termination order under this section that takes effect before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
94   Termination of long term tenancies
(1)  The Tribunal may, on application by a landlord, make a termination order for a residential tenancy agreement:
(a)  if the tenant has been in continual possession of the same residential premises for a period of 20 years or more, and
(b)  if the tenant occupied the premises under a fixed term agreement, the fixed term of the original agreement has expired, and
(c)  if the Tribunal is satisfied that it is appropriate to do so in the circumstances of the case.
(2)  A landlord may make an application under this section without giving the tenant a termination notice.
(3)  The Tribunal must not make a termination order under this section that specifies a termination date that is before the end of the fixed term if the residential tenancy agreement is a fixed term agreement.
(4)  The Tribunal, in determining the day on which vacant possession of the residential premises is to be given to the landlord, must not order that vacant possession be given earlier than 90 days after the order is made.
95   Occupants remaining in residential premises
(1)  This section applies if the tenant under a residential tenancy agreement who occupied or partly occupied the residential premises with another occupant no longer resides in the residential premises and the residential tenancy agreement has been terminated.
(2)  The landlord may give any remaining occupant of the residential premises a notice requiring the occupant to give vacant possession of the premises within a period of not less than 14 days.
(3)  The Tribunal may, on application by a landlord, make an order for possession of the residential premises specifying the day on which the order for possession takes effect if it is satisfied that:
(a)  notice was given in accordance with this section, and
(b)  the occupant has not vacated the premises, and
(c)  the tenant no longer resides in the premises.
(4)  The Tribunal is not to make an order for possession of the residential premises if the tenant is prohibited by an apprehended violence order from having access to the residential premises while the occupant resides in the premises and the occupant has not had a reasonable opportunity to obtain a final apprehended violence order and to apply to the Tribunal for an order under section 79.