❓ Mr. O'Gorman inquires about the process and criteria for evicting Homeswest tenants exhibiting undesirable behaviour and property damage. The Minister outlines the process involving breach notices, termination notices, and court warrants, emphasizing a case-by-case assessment based on severity and tenant efforts to resolve issues.
AnsweredQoN 1529Legislative Assembly
QuestionView source ↗
(1) Is it possible for tenants of Homeswest properties to be moved on when they are continually exhibiting undesirable behaviour?
(2) How many times does a Homeswest tenant need to damage a property, and have Homeswest repair a property, before a tenant is evicted?
(3) What is the process to evict someone from a Homeswest property?
(4) How bad does a tenant have to be to be evicted, and is there a criteria that needs to be met?
(2) How many times does a Homeswest tenant need to damage a property, and have Homeswest repair a property, before a tenant is evicted?
(3) What is the process to evict someone from a Homeswest property?
(4) How bad does a tenant have to be to be evicted, and is there a criteria that needs to be met?
AnswerView source ↗
Answered
24 September 2009
Responded by
Minister for Housing and Works
Response time
8 days
(1) Yes.
(2) The Department charges tenants for any repairs that are needed as a result of neglect, misuse or wilful damage, and eviction action will be taken where ongoing breaches of the tenancy agreement are not resolved by the tenant. Cases are managed based on their severity, without limiting the Department's action to a specific number of breaches.
(3) The Department generally pursues legal action under section 62 of the
Residential Tenancies Act 1987
, under which a tenant is issued with a notice providing 14 days to rectify a substantiated breach of the tenancy agreement. If the breach is not rectified within that period, a Notice of Termination can be issued, requesting vacant possession of the premises within seven days.
If the tenant does not vacate within that time, the Department may apply to the Magistrates Court for a Warrant of Possession. An eviction can only be carried out if a Warrant is issued.
(4) The Department will seek to evict a tenant where it is considered unlikely that the tenancy can continue without further serious breaches of the tenancy agreement occurring. In assessing this, the Department considers the severity of the issues, their causes, and whether the tenant has made legitimate efforts to resolve them.
I am currently considering advice from the Department on opportunities to improve its response to issues with disruptive behaviour.
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(2) The Department charges tenants for any repairs that are needed as a result of neglect, misuse or wilful damage, and eviction action will be taken where ongoing breaches of the tenancy agreement are not resolved by the tenant. Cases are managed based on their severity, without limiting the Department's action to a specific number of breaches.
(3) The Department generally pursues legal action under section 62 of the
Residential Tenancies Act 1987
, under which a tenant is issued with a notice providing 14 days to rectify a substantiated breach of the tenancy agreement. If the breach is not rectified within that period, a Notice of Termination can be issued, requesting vacant possession of the premises within seven days.
If the tenant does not vacate within that time, the Department may apply to the Magistrates Court for a Warrant of Possession. An eviction can only be carried out if a Warrant is issued.
(4) The Department will seek to evict a tenant where it is considered unlikely that the tenancy can continue without further serious breaches of the tenancy agreement occurring. In assessing this, the Department considers the severity of the issues, their causes, and whether the tenant has made legitimate efforts to resolve them.
I am currently considering advice from the Department on opportunities to improve its response to issues with disruptive behaviour.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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