55 Termination on non-payment of rent, damage, or assault

(1)

Subject to subsection (2), on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that—

(a)

the rent was, at the date on which the application was filed under section 86, at least 21 days in arrear; or

(b)

the tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or

(c)

the tenant has assaulted, or has threatened to assault, or has caused or permitted any person to assault, or to threaten to assault, any of the following persons:

(i)

the landlord or any member of the landlord’s family:

(ii)

the owner of the premises or any member of the owner’s family:

(iii)

any agent of the landlord:

(iv)

any occupier of any building of which the premises constitute a part:

(v)

any neighbour of the premises or of any building of which the premises constitute a part.

(1A)

Notwithstanding section 78(3), the Tribunal may, instead of making a final termination order for the non-payment of rent under this section, make a conditional order if, but only if, it is satisfied that—

(a)

the tenant will pay any rent in arrear within a period specified by the Tribunal; and

(b)

it is unlikely that the tenant will commit any further breach of a kind to which this section applies.

(1B)

Any conditional order referred to in subsection (1A)—

(a)

shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and

(b)

shall automatically take effect as a final termination order if the conditions are not complied with; and

(c)

shall lapse if the conditions are complied with.

(2)

The Tribunal may refuse to make an order under subsection (1) if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies (but see also section 78A(3)(b)).

(3)

It shall not be necessary for the landlord to give to the tenant notice of the landlord’s intention to apply under this section for an order terminating the tenancy.

(4)

In this section premises includes facilities.

Section 55(1)(c): replaced, on 1 October 2010, by section 37 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 55(1A): inserted, on 1 May 1996, by section 22(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 55(1B): inserted, on 1 May 1996, by section 22(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 55(2): amended, on 27 August 2019, by section 11 of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 55(4): inserted, on 1 May 1996, by section 22(2) of the Residential Tenancies Amendment Act 1996 (1996 No 7).