sec.389Orders relating to repeated breaches

### sec.389 Orders relating to repeated breaches If an application is made to a tribunal by the provider or resident for an order to terminate a fixed term agreement because of repeated breaches, the tribunal may make the order if it is satisfied— the applicant has established the ground of the application; and the person in relation to whom the order is sought committed each breach stated in the 2 notices to remedy breach on which the application is based. In deciding the application, the tribunal must have regard to the following— the seriousness of each breach associated with the application, having regard to the extent of any inconvenience or financial or other disadvantage suffered by the applicant; the period for which the agreement has been in existence; the period in which the breaches were committed; the remaining period of the agreement; anything else the tribunal considers relevant. (sec.389-ssec.1) If an application is made to a tribunal by the provider or resident for an order to terminate a fixed term agreement because of repeated breaches, the tribunal may make the order if it is satisfied— the applicant has established the ground of the application; and the person in relation to whom the order is sought committed each breach stated in the 2 notices to remedy breach on which the application is based. (sec.389-ssec.2) In deciding the application, the tribunal must have regard to the following— the seriousness of each breach associated with the application, having regard to the extent of any inconvenience or financial or other disadvantage suffered by the applicant; the period for which the agreement has been in existence; the period in which the breaches were committed; the remaining period of the agreement; anything else the tribunal considers relevant. - (a) the applicant has established the ground of the application; and - (b) the person in relation to whom the order is sought committed each breach stated in the 2 notices to remedy breach on which the application is based. - (a) the seriousness of each breach associated with the application, having regard to the extent of any inconvenience or financial or other disadvantage suffered by the applicant; - (b) the period for which the agreement has been in existence; - (c) the period in which the breaches were committed; - (d) the remaining period of the agreement; - (e) anything else the tribunal considers relevant.