NSWIn ForceAct
Housing Act 2001
58BTermination of lease of registrable person in certain circumstances
Start here
Get a plain-English read of 58B
Turn the raw legal text into a practical explanation grounded in Housing Act 2001.
#### 58B Termination of lease of registrable person in certain circumstances
58B Termination of lease of registrable person in certain circumstances
> > (1) The Secretary may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting public housing and who is a registrable person.
>
> > (1A) An approved community housing provider may, on the recommendation of the Commissioner of Police, by written order terminate the lease of a tenant who is renting housing subject to a concurrent lease to the approved community housing provider and who is a registrable person.
>
> > (1B) An approved community housing provider may make an order under this section only with the approval of the Secretary.
>
> > (2) The Commissioner of Police may make a recommendation under this section only if the Commissioner considers that the presence of the tenant at the housing places any neighbours in the locality or the tenant at risk of being physically harmed or injured.
>
> > (3) On termination of the lease, the tenant must vacate the housing the subject of the lease.
>
> > (4) An order under this section terminating a lease operates—
> >
> > > (a) to give the New South Wales Land and Housing Corporation or the approved community housing provider (as the case requires) an immediate right to exclusive possession of the premises concerned, and
> >
> > > (b) to authorise any police officer, using such force as is reasonably necessary, to enter the premises concerned and take such steps as are reasonably necessary in order to give the Corporation or the approved community housing provider (as the case requires) possession of the premises.
>
> > (5) This section extends to a lease entered into before the commencement of this Part.
>
> **s 58B:** Ins 2009 No 64, Sch 1 \[1\]. Am 2015 No 58, Sch 3.44 \[2\]; 2018 No 45, Sch 2 \[2\]–\[5\].