Under s 45(3)(b) of the Residential Tenancy Act 1997 (Tas), a magistrate considering an application for vacant possession must be genuinely satisfied that the reason for serving the notice to vacate was 'genuine or just'; it is not sufficient merely to verify that the stated reason corresponds to one of the grounds in s 42(1). Where a tenant raises material suggesting the stated reason is not the real reason, the magistrate must engage with that material. The precise construction of 'genuine or just' remains open for future determination.
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