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s 22

Notice to vacate

In force
Part 3Orders, notices and other action to deal with unsafe or unsuitable housing conditions
Division 2Notice to vacate

22 Notice to vacate

(1)

If a housing improvement order or housing demolition order issued in respect of residential premises imposes a requirement for the premises to be vacated, the Minister must issue a notice to the occupiers of the premises to vacate the premises (a notice to vacate).

(2)

A notice to vacate must—

(a)

be in the form of a written notice served on the occupiers of the premises; and

(b)

specify the premises; and

(c)

state the reasons for issuing the notice; and

(d)

require the occupiers to vacate the premises by a specified date (allowing as much time as the circumstances will safely permit);

and

(e)

if the premises are occupied under a residential tenancy agreement, state that, by force of the notice—

(i)

the tenancy will be terminated on the specified date;

and

(ii)

the tenant must give up possession of the premises on or before that date; and

(iii)

the landlord is authorised to take possession of the premises on that date; and

(f)

state that the persons to whom the notice is issued may, within

28 days, apply to the Tribunal for a review of the notice.

(3)

The Minister may vary or revoke a notice under this section by subsequent written notice.

(4)

A person to whom a notice to vacate has been issued—

(a)

must comply with the notice; and

(b)

must not let or sublet the premises to which it applies, or cause the premises to be let or sublet. Maximum penalty: Maximum penalty: $2 500.

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