sec.337Failure to leave for unremedied breach

### sec.337 Failure to leave for unremedied breach This section applies if— an application is made to a tribunal for a termination order because of a failure to leave; and the notice to leave was given because of an unremedied breach. The tribunal may make the order if it is satisfied— the lessor has established the ground of the application and notice to leave; and the tenant committed the breach of the agreement stated in the notice to remedy breach about which the notice to leave was given; and the breach justifies terminating the agreement. In deciding if the breach justifies terminating the agreement, the tribunal may have regard to— the seriousness of the breach; and any steps taken by the tenant to remedy the breach; and whether the breach was recurrent and, if it was recurrent, the frequency of the recurrences; and the detriment caused, or likely to be caused, to the lessor by the breach; and whether the lessor has acted reasonably about the breach; and any other issues it considers appropriate. Subsection (3) does not limit the issues to which the tribunal may have regard. (sec.337-ssec.1) This section applies if— an application is made to a tribunal for a termination order because of a failure to leave; and the notice to leave was given because of an unremedied breach. (sec.337-ssec.2) The tribunal may make the order if it is satisfied— the lessor has established the ground of the application and notice to leave; and the tenant committed the breach of the agreement stated in the notice to remedy breach about which the notice to leave was given; and the breach justifies terminating the agreement. (sec.337-ssec.3) In deciding if the breach justifies terminating the agreement, the tribunal may have regard to— the seriousness of the breach; and any steps taken by the tenant to remedy the breach; and whether the breach was recurrent and, if it was recurrent, the frequency of the recurrences; and the detriment caused, or likely to be caused, to the lessor by the breach; and whether the lessor has acted reasonably about the breach; and any other issues it considers appropriate. (sec.337-ssec.4) Subsection (3) does not limit the issues to which the tribunal may have regard. - (a) an application is made to a tribunal for a termination order because of a failure to leave; and - (b) the notice to leave was given because of an unremedied breach. - (a) the lessor has established the ground of the application and notice to leave; and - (b) the tenant committed the breach of the agreement stated in the notice to remedy breach about which the notice to leave was given; and - (c) the breach justifies terminating the agreement. - (a) the seriousness of the breach; and - (b) any steps taken by the tenant to remedy the breach; and - (c) whether the breach was recurrent and, if it was recurrent, the frequency of the recurrences; and - (d) the detriment caused, or likely to be caused, to the lessor by the breach; and - (e) whether the lessor has acted reasonably about the breach; and - (f) any other issues it considers appropriate.