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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 389
Orders relating to repeated breaches
389 Orders relating to repeated breaches
(1) If an application is made to a tribunal by the provider or resident for an
order to terminate a fixed term agreement because of repeated breaches, the
tribunal may make the order if it is satisfied— (a) the applicant has
established the ground of the application; and
(b) the person in relation to
whom the order is sought committed each breach stated in the 2 notices to
remedy breach on which the application is based.
(2) In deciding the
application, the tribunal must have regard to the following— (a) the
seriousness of each breach associated with the application, having regard to
the extent of any inconvenience or financial or other disadvantage suffered by
the applicant;
(b) the period for which the agreement has been in existence;
(c) the period in which the breaches were committed;
(d) the remaining period
of the agreement;
(e) anything else the tribunal considers relevant.
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