(1) A competent court
may, upon application by the lessor under a social housing tenancy agreement,
terminate the agreement if it is satisfied that the tenant has —
(a) used
the social housing premises, or caused or permitted the social housing
premises to be used, for an illegal purpose; or
(b)
caused or permitted a nuisance by the use of the social housing premises; or
(c)
interfered, or caused or permitted any interference, with the reasonable
peace, comfort or privacy of any person who resides in the immediate vicinity
of the premises,
and that the behaviour
justifies terminating the agreement.
(2) The court may, on
an application made under this section, make such other orders or give such
other directions as the court in the circumstances of the case thinks fit,
including, if there has been a breach of the agreement, making any order that
the court may make under section 15.
(3) In deciding if the
behaviour justifies terminating the agreement, or making any order or giving
any direction referred to in subsection (2), the court may have regard to
whether the behaviour was recurrent and, if it was recurrent, the frequency of
the recurrences.
(4) Subsection (3)
does not limit the issues to which the court may have regard.
(5) Where a court
terminates a social housing tenancy agreement under this section, it must also
make an order for possession of the social housing premises and must specify a
day as from which the orders are to operate that it considers, in the
circumstances of the case, appropriate.
(6) For the purposes
of section 16(1), an order made by the court under subsection (2) is to be
taken to have been made under section 15(2).
[Section 75A inserted: No. 60 of 2011 s. 95.]