New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 154C

154C Scheme for recording strikes against tenant for breaches

(1) If a landlord under a social housing tenancy agreement is satisfied that a tenant has breached the agreement but is not satisfied that the circumstances of the breach taken alone justify termination of the agreement, the landlord may issue a strike notice to the tenant and record a strike against the tenant.

(2) A strike notice--

(a) must be in writing, and

(b) must inform the tenant that a strike has been recorded against the tenant, and

(c) must set out details of the alleged breach of the agreement for which the strike has been recorded, and

(d) must remind the tenant of any strikes that have been recorded (and not withdrawn) against the tenant within the previous 12 months (including strikes recorded for breach of a prior social housing tenancy agreement with the same or, to the extent that relevant information is known by the landlord, a different landlord), and

(e) must warn the tenant that, if a third strike is recorded against the tenant within 12 months, a termination notice may be given to the tenant, and

(f) must inform the tenant that, if the tenant disagrees with the statement of details of the alleged breach of the agreement for which the strike has been recorded, or any aspect of those details, the tenant should make submissions to the landlord setting out the grounds of the disagreement, and

(g) must specify how the submissions may be made and the date before which they must be made (being a date not less than 21 days after the date of the strike notice), and

(h) must inform the tenant that, if the tenant does not make any such submissions, the details of the alleged breach of the agreement set out in the strike notice will be taken, in proceedings before the Tribunal, to have been conclusively proved and the tenant will not be able to challenge the accuracy of those details.

(3) A landlord may withdraw a strike against a tenant at any time.

(4) If, after considering submissions made by a tenant as set out in a strike notice, the landlord decides not to withdraw the strike, the landlord must give the tenant a notice in writing--

(a) informing the tenant of that decision and that the tenant may apply for review of the strike notice, and

(b) specifying how the application may be made and the date before which it must be made (being a date not less than 21 days after the date of the notice).

(5) If an application for review of a strike notice is made by a tenant, the landlord must refer the matter to a review panel comprised of one or more persons who were not substantially involved in the process of making the decision under review and who are, in the opinion of the landlord, otherwise suitably qualified to deal with the issues raised by the application.

(6) On a review, the review panel must consider any information submitted by the tenant and may--

(a) confirm the strike against the tenant, or

(b) require the strike against the tenant to be withdrawn.

(7) A landlord is bound by a decision of a review panel requiring a strike against a tenant to be withdrawn.

(8) A landlord must, on application by a tenant, provide the tenant with information about any strikes recorded (and not withdrawn) against the tenant (unless that information has already been provided to the tenant within the last 3 months and no further strikes have been recorded against the tenant since the information was last provided).

(9) If 2 strikes have been recorded against the tenant within the previous 12 months and the landlord is satisfied that the tenant has breached the social housing tenancy agreement and that a further strike notice could be issued to the tenant, the landlord may--

(a) record a strike against the tenant without issuing a further strike notice, and

(b) give a termination notice under section 87 on the basis that the landlord is satisfied that a series of breaches by the tenant of the agreement or any prior social housing tenancy agreement with the same or a different landlord justifies termination of the agreement with the tenant.

(10) The termination notice--

(a) must inform the tenant that a strike has been recorded against the tenant and set out details of the alleged breach of the agreement for which the strike has been recorded, and

(b) must remind the tenant of the details of any other strikes relied on by the landlord for giving the notice.