sec.44Notice about residential tenancy agreement

sec.44 Notice about residential tenancy agreement

Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or becomes aware that the tenant has not complied with a remedy notice relating to— the tenant causing a nuisance by the use of the premises; or the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— has not responded to a remedy notice relating to the outstanding amount; or has not entered into an agreement with the lessor to pay the outstanding amount; or has breached an agreement entered into with the lessor to pay the outstanding amount. The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter. Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— any of the matters mentioned in subsection (1) (b) ; or rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days. The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates. A notice under subsection (2) or (4) must be in the approved form. The approved form must include provision for the following— the name of the tenant; the address of the tenanted premises; details of the matter to which the notice relates. In this section— housing department means the department in which the Housing Act 2003 is administered. lessor , in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 . social housing means housing that— is in a welfare reform community area; and is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— a person who is a party to a residential tenancy agreement relating to premises that are social housing; or a person who— was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use. s 44 amd 2008 No. 73 s 554 sch 1 (sec.44-ssec.1) Subsection (2) applies in relation to a tenant of premises if the lessor of the premises— is satisfied the premises have been, or are being, used by the tenant for an illegal purpose; or becomes aware that the tenant has not complied with a remedy notice relating to— the tenant causing a nuisance by the use of the premises; or the tenant interfering with the reasonable peace, comfort or privacy of a neighbour of the tenant; or the tenant not keeping the premises and its inclusions clean, having regard to their condition when the tenant entered into the residential tenancy agreement for the premises; or the tenant maliciously damaging, or allowing someone else to maliciously damage, the premises or its inclusions; or becomes aware that the rent payable by the tenant under the residential tenancy agreement (the outstanding amount ) has remained unpaid in breach of the agreement for at least 7 days and the tenant— has not responded to a remedy notice relating to the outstanding amount; or has not entered into an agreement with the lessor to pay the outstanding amount; or has breached an agreement entered into with the lessor to pay the outstanding amount. (sec.44-ssec.2) The lessor must, within 5 business days after being satisfied or becoming aware of a matter mentioned in subsection (1) , give the commission notice of the matter. (sec.44-ssec.3) Subsection (4) applies in relation to a tenant of premises if the lessor of the premises has, after the commencement of this section and within a period of not more than 6 months, given the tenant more than 1 remedy notice relating to— any of the matters mentioned in subsection (1) (b) ; or rent remaining unpaid, in breach of the residential tenancy agreement for the premises, for at least 7 days. (sec.44-ssec.4) The lessor must, within 5 business days after giving a second remedy notice to the tenant, give the commission notice of the giving of the remedy notice and the matter to which it relates. (sec.44-ssec.5) A notice under subsection (2) or (4) must be in the approved form. (sec.44-ssec.6) The approved form must include provision for the following— the name of the tenant; the address of the tenanted premises; details of the matter to which the notice relates. (sec.44-ssec.7) In this section— housing department means the department in which the Housing Act 2003 is administered. lessor , in relation to premises that are social housing, means the entity that provides the housing. remedy notice means a notice to remedy breach for a residential tenancy under the Residential Tenancies and Rooming Accommodation Act 2008 . social housing means housing that— is in a welfare reform community area; and is directly provided, for residential use, by the housing department, a local government or another entity prescribed under a regulation. tenant means— a person who is a party to a residential tenancy agreement relating to premises that are social housing; or a person who— was, at any time after the commencement of this definition, a party to a residential tenancy agreement relating to premises that are social housing; and is a party to a residential tenancy agreement relating to premises, not in a welfare reform community area, directly provided by the housing department for residential use.