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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 527D

Acceptable behaviour agreements for tenants

527D Acceptable behaviour agreements for tenants

(1) The lessor may, by written notice given to the tenant, require the tenant to give a written undertaking (an
"acceptable behaviour agreement" ), in the terms stated in the notice, not to engage in stated antisocial behaviour on any of the following—
(a) the premises to which the agreement relates;
(b) any property adjoining or adjacent to the premises (including any property that is available for use by the tenant in common with others).
(2) The operation of an acceptable behaviour agreement extends to the behaviour of an occupant, a guest of the tenant or a person allowed on the premises by the tenant (each a
"person allowed on the premises" ).
(3) If the tenant or a person allowed on the premises engages in any antisocial behaviour stated in the agreement, the tenant is taken to have breached the agreement.
(4) The lessor may require a tenant to enter into an acceptable behaviour agreement for premises only if the lessor is of the opinion that the tenant or a person allowed on the premises has engaged, or is likely to engage, in antisocial behaviour on 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).
(5) The lessor’s opinion under subsection (4) must be based on—
(a) the history of the tenancy concerned; or
(b) the history of any prior tenancy entered into by the tenant and the lessor.
(6) A notice under subsection (1) must inform the tenant of the lessor’s right to apply to the tribunal under section 527E .
(7) An acceptable behaviour agreement is of no effect unless the lessor has given the tenant the information required under subsection (6) .
(8) In this section—

"lessor" 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.



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