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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 18:55)
Part 7 Division 5 Subdivision 1
Subdivision 1 Eligibility ground
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 Subdivision, 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 Subdivision 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 Subdivision before giving the termination notice on the eligibility ground, and
(b)  a termination notice has been given in accordance with this Subdivision, and
(c)  the landlord has determined, as a result of an assessment under this Subdivision, 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.