87HTenant no longer eligible for affordable housing scheme

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—

(a) for a periodic agreement—at least 90 days after the notice is given, or

(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

(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—

affordable housing scheme means housing—

(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, 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].