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Residential Tenancies Act 1999
99AFailure by tenant relating to acceptable behaviour agreement
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99A Failure by tenant relating to acceptable behaviour agreement
(1) The Tribunal may, on the application of the CEO (Housing),
terminate a tenancy under the Housing Act 1982 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 28C (1) of that Act; and
(b) the notice requiring the tenant to enter into an acceptable
behaviour agreement was given in accordance with
section 28C of that Act.
(2) The Tribunal may, on the application of the CEO (Housing),
terminate a tenancy under the Housing Act 1982 and make an
order for possession of the premises if satisfied:
(a) the tenant has entered into an acceptable behaviour
(b) the entry into the acceptable behaviour agreement was as a
result of a notice given in accordance with section 28C 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
(a) the Tribunal 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 1978; and
Residential Tenancies Act 1999 64
(b) if the Tribunal is satisfied the tenant has taken all reasonable
actions to prevent the breach by the other person, the Tribunal
may be satisfied there is no breach by the tenant.
(4) An order for possession must specify the date it takes effect.