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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 290A
Notice to leave because of serious breach at public or community housing
(1) This section applies to the following lessors— (a) the chief executive
of the housing department, acting on behalf of the State;
(b) a community
housing provider.
Note— See section 297B in relation to other lessors
seeking tribunal orders to terminate a residential tenancy agreement on the
grounds mentioned in subsection (2) .
(2) The lessor may give a notice to
leave the premises to the tenant if the lessor reasonably believes the tenant,
an occupant, a guest of the tenant or a person allowed on the premises by the
tenant has— (a) used the 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) for an illegal activity; or
(b) intentionally or
recklessly— (i) destroyed or seriously damaged a part of the premises; or
(ii) endangered another person in the premises or a person occupying, or
allowed on, premises nearby; or
(iii) interfered significantly with the
reasonable peace, comfort or privacy of another tenant or another tenant’s
appropriate use of the other tenant’s premises.
(3) A notice to leave under
this section is called a notice to leave for
"serious breach at public or community housing" .
(4) A lessor may form a
reasonable belief that premises or property has been used for an illegal
activity whether or not anyone has been convicted or found guilty of an
offence in relation to the activity.
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