35Notices of eviction to residents on particular grounds during relevant period

35 Notices of eviction to residents on particular grounds during relevant period

35 Notices of eviction to residents on particular grounds during relevant period

(1) This clause regulates, for the purposes of section 229(1)(c) of the Residential Tenancies Act 2010, the notice that a proprietor must give a resident if the proprietor intends to evict the resident on a ground other than an excluded ground during the relevant period.

(2) The proprietor must give the resident not less than 90 days written notice of the eviction.

(3) If a proprietor has not given notice in accordance with this clause, the proprietor is taken not to have complied with the occupancy principles as the principles apply under Part 3 of the Act.

(4) In this clause—

excluded ground means any of the following grounds—

(a) the resident has not paid residency fees payable under the occupancy agreement, but only if the resident is not an impacted resident,

(b) the resident has intentionally or recklessly caused or permitted serious damage to the premises or other residents’ property,

(c) the resident is using the premises for illegal purposes,

(d) the resident has threatened, abused, intimidated or harassed other residents or the proprietor.

pt 5 (cll 32–35): Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.