Residential Tenancies Amendment (Public Housing) Act 2004 (NSW)

An Act to amend the Residential Tenancies Act 1987 to make further provision with respect to public housing tenancies; and for other purposes.

1Name of Act

This Act is the Residential Tenancies Amendment (Public Housing) Act 2004.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Residential Tenancies Act 1987 No 26

The Residential Tenancies Act 1987 is amended as set out in Schedule 1.

Schedule 1Amendments

(Section 3)

[1]–[5]

(Repealed)

[6]Section 64 (4) (e)

Insert “, including, if the tenant is a tenant under a public housing tenancy agreement, any prior tenancy of the tenant arising under any such agreement” after “concerned”.

[7]Section 64 (7)

Insert “or 68A” after “section 68”.

[8]Section 68A

Insert after section 68:

68ATribunal may terminate public housing tenancy agreement for threat, abuse, intimidation or harassment(1)

The Tribunal may, on application by the New South Wales Land and Housing Corporation under a public housing tenancy agreement, make an order terminating the agreement if it is satisfied that the tenant has:

• (a)

  seriously or persistently threatened or abused any member of staff of the Department of Housing, or

• (b)

  intentionally engaged in conduct in relation to any such member of staff that would be reasonably likely to cause the member of staff to be intimidated or harassed (whether or not any abusive language or threat has been directed towards the member of staff).

(2)

If the Tribunal makes an order terminating an agreement under this section, the Tribunal is to also make an order for possession of the premises to which the agreement relates taking effect immediately.

[9]

(Repealed)