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(Social Housing) Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament?
the class of matters that are taken by that Act to constitute a breach of a
residential tenancy agreement. and
( b ) the matters to be taken into consideration by the Residential Tenancies
Tribunal when hearing an application for termination of a tenancy by a
landlord that is a social housing provider. and
( c ) the powers of the Tribunal in cases of actual or apprehended damage to
property or threats to persons by tenants. and
( d ) the issue of warrants for possession of premises. and
( e ) rent increases. in so far as they affect tenants in receipt of rental
subsidies.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Residential Tenancies Act 1987 set out in Schedule 1.
Schedule 1 Amendments
Definitions relating to social housing
Schedule 1 [1] inserts definitions of rent rebate. social housing premises
and social housing provider in section 3 of the Act.
Conditions of residential tenancy agreements
Section 23 of the Act sets out certain requirements that are taken to form part
of every residential tenancy agreement. so that a failure to abide by these
requirements constitutes a breach of the agreement and renders the tenancy
liable to termination by the Residential Tenancies Tribunal. Schedule 1 [2]
amends the section to provide that a tenant of social housing premises is
taken to be in breach of the relevant residential tenancy agreement if the
tenant. or any person occupying the premises with the tenant's consent.
wilfully or negligently causes or permits damage to adjoining or adjacent
property or uses any such property for the manufacture or sale of prohibited
drugs.
Rental subsidies
Schedule 1 [3] amends section 44 of the Act to make it clear that. for the
purposes of Division 2 of Part 4 of the Act (which applies to rent and rent
increases), the cancellation or reduction of a rent rebate is not rent increase,
nor is it a reduction or withdrawal of any aspect of ancillary provision made
by the landlord in connection with a tenancy. It is made clear. as a
consequence, that the Tribunal has no jurisdiction to adjudicate disputes that
are essentially just disputes about rental subsidies.
Explanatory note page 2
Termination of residential tenancies for breach of agreement
Under section 64 of the Act a landlord may apply to the Tribunal to terminate
a residential tenancy on the ground that the tenant is in breach of the
residential tenancy agreement. Schedule 1 [4] amends the section to provide
that, where the application is made by a social housing provider, the Tribunal
is obliged to consider, along with other matters it considers in such cases
(such as the circumstances and welfare of the tenant), certain other aspects of
the matter, such as the obligations of the landlord to its other tenants, the
interests of other persons eligible for social housing. any adverse impact on
neighbouring residents, the conduct of the tenant and the history of the
tenancy.
In cases where the breach of the residential tenancy agreement is found to be
one that subjects persons or property to unreasonable risk. or that involved
the use of the residential property or adjoining or adjacent property for the
manufacture or sale of prohibited drugs. the tenancy termination will usually
be accompanied by an order in favour of the landlord that will require
immediate surrender of the premises by the tenant.
Damage or injury caused by occupiers other than the tenant
Section 68 of the Act allows the Tribunal to terminate a residential tenancy if
the tenant causes. or is likely to cause. damage to the premises or injury to
the landlord, the landlord's agent or neighbouring occupiers. Schedule 1 [5]
amends the section so that it provides that a tenancy of social housing
premises may, in addition. be terminated by the Tribunal if the damage or
injury was caused or apprehended in respect of adjoining or adjacent
property.
Orders for possession
Under section 73 of the Act the Tribunal may, on application by a person in
whose favour an order for possession of premises was made. issue a warrant
for enforcement of the order. The Tribunal may refuse to issue the warrant if
in its opinion the application is unduly late. Schedule 1 [6] amends the
section to provide that. in the case of a tenancy of social housing premises.
the application is not to be considered unduly late if the delay is due to bona
fide efforts by the landlord to reach agreement with the tenant so that the
tenancy might continue.
Explanatory note page 3