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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 345A
Objectionable behaviour in public or community housing
345A Objectionable behaviour in public or community housing
(1) If an application is made to a tribunal for a termination order because of
objectionable behaviour, the tribunal may make the order if it is satisfied—
(a) the applicant has established the ground of the application; and
(b) the
behaviour justifies terminating the agreement.
(2) In deciding if the
behaviour justifies terminating the agreement, the tribunal may have regard
to— (a) whether the behaviour was recurrent and, if it was recurrent, the
frequency of the recurrences; and
(b) for behaviour in the form of
harassment, intimidation or verbal abuse—its seriousness; and
(c) for
behaviour in the form of intentional or reckless endangerment—its
seriousness; and
(d) for behaviour in the form of interference with a
person’s reasonable peace, comfort or privacy—its seriousness.
(3) Also,
in deciding if the behaviour justifies terminating the agreement, the tribunal
must have regard to— (a) any serious or adverse effects on neighbouring
residents or other persons, including whether neighbouring residents or other
persons are likely to be subjected to objectionable behaviour if the agreement
is not terminated; and
(b) any evidence regarding the tenancy history of the
tenant; and
(c) if the tenant is a tenant under a State tenancy agreement—
(i) the department's responsibility to other tenants; and
(ii) the needs of
persons awaiting housing assistance from the State.
(4) Subsections (2) and
(3) do not limit the issues to which the tribunal may have regard.
(5) In
this section—
"applicant" means— (a) the chief executive of the department in which the
Housing Act 2003 is administered, acting on behalf of the State; or
(b) a
community housing provider.
"State tenancy agreement" means a residential tenancy agreement under which
the lessor is the chief executive of the department in which the
Housing Act 2003 is administered, acting on behalf of the State.
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