Termination By The Tribunal
The Act sets out circumstances where the lessor, agent or provider can apply directly to the Tribunal for an urgent termination hearing.
In some situations this application can be made without giving you a Notice to Leave. If the lessor, agent or provider applies for a termination hearing the Tribunal will send you a notice of the hearing and a copy of the application.
If you receive notice of a Tribunal hearing it is important to attend so you can put forward your side of the story, especially if you need more time to move out or want to dispute the reason for ending your agreement.
If you need information or advice about going to the Tribunal contact a tenant advice service. If the Tribunal makes an order to terminate your tenancy, they will also issue a Warrant of Possession. The Warrant authorises the police to remove you from the premises.
Applications to the Tribunal for termination include:
- Failure to leave or failure to leave as intended: In residential tenancies the lessor or agent can apply to the Tribunal for a termination order if you fail to leave by the due date (the handover day) on a Notice to Leave, or Notice of Intention to Leave. In residential tenancies if the lessor or agent wants to enforce the notice they must lodge their application with the Tribunal within 2 weeks of the handover day. This does not apply in rooming accommodation.
- Repeated breach of the agreement: If you breach the agreement in a similar way 3 times within a 12 month period, and you receive a Notice to Remedy Breach on the first 2 occasions and remedy each breach, your lessor, agent or provider can apply directly to the Tribunal to terminate your agreement for repeated breach, if you breach the agreement in a similar way on a third occasion within the 12 month period. The breaches must be similar and relate to particular provisions of the Act. In making a decision, the Tribunal will consider the seriousness of the breach, the period in which the breaches were committed, the period of the tenancy and, for fixed term agreements, how much time is left on the agreement.
- Excessive hardship: If the lessor or provider believes they would suffer excessive hardship if the tenancy was not terminated, they can apply to the Tribunal to terminate the agreement. For example, a lessor may have a change in personal circumstances and need to move back into the premises. If you have a fixed term agreement and the Tribunal makes an order to terminate the tenancy, you can request compensation for your loss of the tenancy and your relocation costs.
- Objectionable behaviour: The lessor may apply to the Tribunal for a termination order due to the alleged objectionable behaviour. of the tenant. This applies if the tenant has harassed, intimidated or verbally abused the lessor, lessor’s agent, or a person occupying or allowed on nearby premises. It also applies if the tenant has caused a serious nuisance to persons occupying premises nearby.
- Damage or injury: If the lessor or agent believes that you have intentionally or recklessly caused, or are likely to cause, serious damage to the premises, or injury to the lessor or agent or another person entering the premises, they can apply to the Tribunal for a termination of the agreement. They can also
apply to the Tribunal for an order to restrain you from causing any further damage or injury. This does not apply to rooming accommodation.
- Incompatibility: For a short tenancy agreement in a moveable dwelling park, the lessor or agent can apply directly to the Tribunal for a termination order because you and the lessor are incompatible.