New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 149

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.