New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 145

145 Review of decision to give notice on ground that tenant not eligible for social housing

(1) Notice to be given before termination notice Before giving a termination notice to a tenant under a social housing tenancy agreement on the eligibility ground, the landlord is to advise the tenant of the decision to do so by notice in writing.

(2) Right to review A notice given under this section must--

(a) contain particulars of the reasons why the tenant is no longer considered eligible to reside in the social housing premises, and

(b) state that the tenant may apply to the landlord for a review of the decision within 30 days after the notice is given and give particulars of how such an application may be made, and

(c) state that the tenant is entitled to make representations to the landlord in writing, or (if the tenant wishes) orally, as to why the agreement should not be terminated.

(3) The tenant may, in accordance with the notice--

(a) apply to the landlord for a review of the decision, and

(b) make representations in writing, or (if the tenant wishes) orally, to the landlord as to why the agreement should not be terminated.

(4) If the tenant applies to the landlord for a review under this section, the landlord is to review the decision, in accordance with any procedures approved by the appropriate Minister for the purposes of this section, and consider any representations made by the tenant.

(5) Decision of landlord following review After the review is carried out, the landlord may--

(a) give a termination notice on the eligibility ground, or

(b) advise the tenant, by notice in writing, that the landlord has decided not to give the termination notice.

(6) Procedural fairness taken to have been observed If the landlord complies with this section, the landlord is taken to have complied with any rules of procedural fairness required to be observed by the landlord before giving a termination notice to the tenant on the eligibility ground.