Northern Territory Numbered Acts

ANTISOCIAL BEHAVIOUR (MISCELLANEOUS AMENDMENTS) ACT 2006 (NO 2 OF 2006) - SECT 17

Section 100 –

repeal, substitute

99A.     Failure by tenant relating to acceptable behaviour agreement

    (1)     A court may, on the application of the Chief Executive Officer (Housing), terminate a tenancy under the Housing Act and make an order for possession of the premises if satisfied –

    (a)     the tenant has failed or refused to enter into an acceptable behaviour agreement as required by a notice given under
section 18A(1) of that Act; and

    (b)     the notice requiring the tenant to enter into an acceptable behaviour agreement was given in accordance with section 18A of that Act.

    (2)     A court may, on the application of the Chief Executive Officer (Housing), terminate a tenancy under the Housing Act and make an order for possession of the premises if satisfied –

    (a)     the tenant has entered into an acceptable behaviour agreement; and

    (b)     the entry into the acceptable behaviour agreement was as a result of a notice given in accordance with section 18A of that Act; and

    (c)     the tenant has seriously or repeatedly breached the terms of the acceptable behaviour agreement.

    (3)     For subsection (2)(c), if the breach relates only to the behaviour of another person occupying the premises with the consent of the tenant –

    (a)     the court may have regard to actions taken by the tenant to prevent the breach by the other person, including by making an application for a declaration of restricted premises under Part VIIIA of the Liquor Act ; and

    (b)     if the court is satisfied the tenant has taken all reasonable actions to prevent the breach by the other person, the court may be satisfied there is no breach by the tenant.

    (4)     An order for possession must specify the date it takes effect.

100.     Conduct of tenant unacceptable

    (1)     A court may, on the application of the landlord or an interested person, terminate a tenancy and make an order for possession of the premises if satisfied the tenant has –

    (a)     used the premises, or caused or permitted the premises to be used, for an illegal purpose; or

    (b)     repeatedly caused a nuisance on or from the premises or repeatedly permitted a nuisance to be caused on or from the premises; or

    (c)     repeatedly caused or repeatedly permitted an interference with the reasonable peace or privacy of a person residing in the immediate vicinity of the premises.

    (2)     If the application is made by an interested person, the court may make an order for possession of the premises only if the landlord has been –

    (a)     served with a copy of the application; and

    (b)     given the opportunity to be heard by the court.

    (3)     If the landlord objects to the court making an order for possession, the court may make the order only if satisfied exceptional circumstances justify it.

    (4)     An order for possession must state the date it takes effect.

    (5)     In this section –

"interested person", for an application under this section, is a person who has been adversely affected by the conduct described in the application.