Grounds For Termination
Listed below are the only permissible grounds for termination of the tenancy agreement, leading to eviction:
Termination of any tenancy
Grounds in the Residential Tenancy Act
The RTA says that, on application by the landlord, the Tribunal (ACAT) MAY terminate a tenancy in the following situations:
- Where there are grounds for termination under the STT (cl 86, 94, and 96), the landlord has given the correct notice; and the tenant has not vacated (s 47);
- Where the tenant has breached the STT (see page 3 for details), the landlord has given the correct notice and the tenant has not vacated (ss 48-49);
- Where the landlord would suffer significant hardship if the tenancy continued and this hardship is greater than the hardship the tenant would suffer if it was terminated (s 50);
- Where the tenant has caused or permitted serious damage to the property of the landlord, or injury to the landlord or a member of their family (s 51);
- Where the agreement was induced by a false or misleading statement of the tenant (s 52);
- Where the tenancy agreement was part of a contract of employment, the tenant has ceased working and the premises are required to house another employee (s 53);
- Where the tenant has repudiated the tenancy agreement, the landlord accepted this, and the tenant has failed to vacate (s 55). Repudiation means to indicate that you no longer wish to be bound by the tenancy agreement; or
- Where the tenant has sublet the premises without written permission (s 54).
Grounds in the Tenancy Agreement Clause 86 – Termination where premises are unfit for habitation Under cl86 either party may give written notice to terminate the tenancy if the premises are unfit for habitation, or are not available due to government action. The tenant must give 2 days notice, and the landlord at least 1 week (cl 87).
Some tenancy agreements also contain a special term – known as a ‘posting clause’ – that provides an additional ground for termination on 4 weeks notice where a party (either the landlord or the tenant) is being posted to or away from the ACT in the course of their employment (s 8).