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Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Current version for 7 July 2017 to date (accessed 21 October 2017 at 23:28)
154D   Tribunal required to make termination order in certain circumstances
(1)  Subject to subsection (3), the Tribunal must make a termination order on the application of a landlord under a social housing tenancy agreement if:
(a)  an application for the order is made under section 90 and the Tribunal is satisfied of the matters set out in section 90 (1) (b) and the injury constitutes grievous bodily harm within the meaning of the Crimes Act 1900, or
(b)  an application for the order is made under section 91 and the Tribunal is satisfied of the matters set out in section 91 (1) (a), or
(c)  an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing 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) to be used for the purposes of:
(i)  storing a firearm for which a licence or permit is not held under the Firearms Act 1996, or
(ii)  a show cause offence within the meaning of the Bail Act 2013,
and the tenant or other person has been charged with an offence relating to those circumstances (whether or not the person is or has been found guilty of the offence).
(2)  Subject to subsection (3), the Tribunal must make a termination order on the application of a landlord if:
(a)  an application for the order is made under section 90 and the Tribunal is satisfied of the matters set out in section 90 (1) (and subsection (1) of this section does not apply), or
(b)  an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing 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) to be used:
(i)  as a brothel within the meaning of the Environmental Planning and Assessment Act 1979, or
(ii)  for the purposes of an offence against section 91H (Production, dissemination or possession of child abuse material) of the Crimes Act 1900, or
(iii)  for the purposes of an offence against section 154G (Facilitating organised car or boat rebirthing activities) of the Crimes Act 1900, or
(c)  an application for the order is made under section 91 and the Tribunal is satisfied that the tenant, or any person who although not a tenant is occupying or jointly occupying the social housing premises, has intentionally or recklessly caused or permitted the social housing 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) to be used for any other unlawful purpose and that the use is sufficient to justify the termination.
(3)  However:
(a)  subsection (1) (a) does not apply if the application for the termination order is based on an act of a person who although not a tenant is occupying or jointly occupying the residential premises and not on an act of the tenant, and
(b)  subsections (1) and (2) do not apply if the Tribunal is satisfied that the termination order would be likely to result in undue hardship being suffered by a child, a person in whose favour an apprehended violence order could be made or a person suffering from a disability within the meaning of the Anti-Discrimination Act 1977 who is occupying or jointly occupying the social housing premises, and
(c)  subsection (2) does not apply if the tenant satisfies the Tribunal that there are other exceptional circumstances that justify the order not being made.
(4)  For the purposes of the application of section 91 (1) (b) to social housing premises under this section:
(a)  the reference to residential premises in section 91 (1) (b) is to be taken to be a reference to the social housing 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), and
(b)  if the Tribunal is satisfied that an offence of a kind referred to in subsection (1) (c) or (2) (b) has been committed by a person on the social housing 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), the Tribunal must assume that:
(i)  the premises or property has been used for an unlawful purpose, and
(ii)  the use is sufficient to justify termination of the agreement.
(5)  If the Tribunal does not make a termination order as a consequence of subsection (3), the Tribunal must provide written reasons for the decision.