sec.345AObjectionable behaviour in public or community housing

### sec.345A Objectionable behaviour in public or community housing If an application is made to a tribunal for a termination order because of objectionable behaviour, the tribunal may make the order if it is satisfied— the applicant has established the ground of the application; and the behaviour justifies terminating the agreement. In deciding if the behaviour justifies terminating the agreement, the tribunal may have regard to— whether the behaviour was recurrent and, if it was recurrent, the frequency of the recurrences; and for behaviour in the form of harassment, intimidation or verbal abuse—its seriousness; and for behaviour in the form of intentional or reckless endangerment—its seriousness; and for behaviour in the form of interference with a person’s reasonable peace, comfort or privacy—its seriousness. Also, in deciding if the behaviour justifies terminating the agreement, the tribunal must have regard to— any serious or adverse effects on neighbouring residents or other persons, including whether neighbouring residents or other persons are likely to be subjected to objectionable behaviour if the agreement is not terminated; and any evidence regarding the tenancy history of the tenant; and if the tenant is a tenant under a State tenancy agreement— the department's responsibility to other tenants; and the needs of persons awaiting housing assistance from the State. Subsections (2) and (3) do not limit the issues to which the tribunal may have regard. In this section— applicant means— the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or a community housing provider. State tenancy agreement means a residential tenancy agreement under which the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State. s 345A ins 2013 No. 58 s 17 (sec.345A-ssec.1) If an application is made to a tribunal for a termination order because of objectionable behaviour, the tribunal may make the order if it is satisfied— the applicant has established the ground of the application; and the behaviour justifies terminating the agreement. (sec.345A-ssec.2) In deciding if the behaviour justifies terminating the agreement, the tribunal may have regard to— whether the behaviour was recurrent and, if it was recurrent, the frequency of the recurrences; and for behaviour in the form of harassment, intimidation or verbal abuse—its seriousness; and for behaviour in the form of intentional or reckless endangerment—its seriousness; and for behaviour in the form of interference with a person’s reasonable peace, comfort or privacy—its seriousness. (sec.345A-ssec.3) Also, in deciding if the behaviour justifies terminating the agreement, the tribunal must have regard to— any serious or adverse effects on neighbouring residents or other persons, including whether neighbouring residents or other persons are likely to be subjected to objectionable behaviour if the agreement is not terminated; and any evidence regarding the tenancy history of the tenant; and if the tenant is a tenant under a State tenancy agreement— the department's responsibility to other tenants; and the needs of persons awaiting housing assistance from the State. (sec.345A-ssec.4) Subsections (2) and (3) do not limit the issues to which the tribunal may have regard. (sec.345A-ssec.5) In this section— applicant means— the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or a community housing provider. State tenancy agreement means a residential tenancy agreement under which the lessor is the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State. - (a) the applicant has established the ground of the application; and - (b) the behaviour justifies terminating the agreement. - (a) whether the behaviour was recurrent and, if it was recurrent, the frequency of the recurrences; and - (b) for behaviour in the form of harassment, intimidation or verbal abuse—its seriousness; and - (c) for behaviour in the form of intentional or reckless endangerment—its seriousness; and - (d) for behaviour in the form of interference with a person’s reasonable peace, comfort or privacy—its seriousness. - (a) any serious or adverse effects on neighbouring residents or other persons, including whether neighbouring residents or other persons are likely to be subjected to objectionable behaviour if the agreement is not terminated; and - (b) any evidence regarding the tenancy history of the tenant; and - (c) if the tenant is a tenant under a State tenancy agreement— (i) the department's responsibility to other tenants; and (ii) the needs of persons awaiting housing assistance from the State. - (i) the department's responsibility to other tenants; and - (ii) the needs of persons awaiting housing assistance from the State. - (i) the department's responsibility to other tenants; and - (ii) the needs of persons awaiting housing assistance from the State. - (a) the chief executive of the department in which the Housing Act 2003 is administered, acting on behalf of the State; or - (b) a community housing provider.