NSWIn ForceAct
Residential Tenancies Act 2010
87HTenant no longer eligible for affordable housing scheme
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#### 87H Tenant no longer eligible for affordable housing scheme
87H Tenant no longer eligible for affordable housing scheme
> > (1) A landlord may give a termination notice for residential premises rented as part of an affordable housing scheme on the ground—
> >
> > > (a) the tenant is no longer eligible to participate in the scheme, or
> >
> > > (b) the scheme operated only for a limited period and the period has ended.
>
> > (2) The termination date must be—
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> > > (a) for a periodic agreement—at least 90 days after the notice is given, or
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> > > (b) for a short fixed term agreement—
> > >
> > > > (i) on or after the end of the agreement, and
> > >
> > > > (ii) at least 60 days after the notice is given, or
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> > > (c) for another fixed term agreement—
> > >
> > > > (i) on or after the end of the agreement, and
> > >
> > > > (ii) at least 90 days after the notice is given.
>
> > (3) In this section—
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> > affordable housing scheme means housing—
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> > > (a) developed for the purposes of affordable housing because of one or more of the following—
> > >
> > > > (i) assistance from local, State or Commonwealth governments,
> > >
> > > > (ii) assistance from not-for-profit organisations,
> > >
> > > > (iii) affordable housing conditions or planning incentives under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and
> >
> > > (b) managed in accordance with—
> > >
> > > > (i) the NSW Affordable Housing Ministerial Guidelines or similar policy published by the Department of Communities and Justice from time to time, or
> > >
> > > > (ii) another publication prescribed by the regulations.
>
> **s 87H:** Ins 2024 No 75, Sch 1\[12\].