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Contents (2010 - 42)
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Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 18 August 2017 at 18:58)
Part 5 Division 2 Section 91
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.