Common use of Antisocial behaviour Clause in Contracts

Antisocial behaviour. The Housing Act 1982 (28A) states that behaviour is considered to be antisocial if it: • involves abusive or violent behaviour directed to a person; or • creates alarm or fear in, or annoyance to, neighbours or others in the vicinity; or • involves graffiti, littering or vandalism. It is CEO (Housing)’s preference that antisocial behaviour cease and the tenancy continue. Where an incident of antisocial behaviour is substantiated and constitutes a breach of the tenancy agreement, CEO (Housing) will issue a Notice to Remedy under section 96B of the Residential Tenancies Act 1999. Where a tenant does not remedy the breach or take steps to remedy the breach, termination may be sought in accordance with section 100A of the Residential Tenancies Agreement 1999. Where a tenant seriously or repeatedly breaches the terms of Tenancy Agreement, termination of the tenancy may be sought in accordance with section 100 of the Residential Tenancies Act 1999. CEO (Housing) may take immediate action to seek termination of a tenancy under section 97 of the Residential Tenancies Act 1999, where a substantiated incident of antisocial behaviour has, or is likely to, cause serious damage to GEH premises or personal injury to housing staff or contractors or other people in the vicinity of the premises. Any conduct of a person who is on the premises with the consent of the tenant, will be legally considered to be the conduct of the tenant. The tenant is responsible for this conduct, unless that conduct is considered to be an act of domestic violence under the Domestic and Family Violence Act 2007 (refer to section 3.7).