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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 19 August 2017 at 19:20)
Part 7 Division 5 Subdivision 2
Subdivision 2 Alternative premises ground
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 Subdivision before giving the termination notice on the alternative premises ground, and
(b)  a termination notice has been given in accordance with this Subdivision, 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   (Repealed)