Residential Tenancies (Amendment) Act 2019

Improper conduct

34. The following Schedule is inserted into the Act of 2004 after Schedule (1):

“Schedule 2

Section 148R

Improper conduct in relation to a landlord means—

(a) the commission by the landlord of a contravention of subsection (4) or (5B) of section 19, subsection (1) of section 134 or subsection (1) of section 139,

(b) the seeking by the landlord to rely on subsection (5) of section 19 in respect of a dwelling that does not comply with the requirements of that subsection,

(c) the citing by a landlord in a notice of termination of a reason for the termination of the tenancy concerned that is, and that he or she knows to be, false or misleading in a material respect,

(d) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 3 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in paragraph (aa) of subsection (8) of section 35 in circumstances where the conditions referred to in the said paragraph (aa) are satisfied,

(e) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 4 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied,

(f) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 5 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied, or

(g) the failure by a landlord, who has served a notice of termination that cites the ground specified in paragraph 6 of the Table to section 34 as a reason for the termination of the tenancy concerned, to make an offer referred to in subparagraph (b) of that paragraph in circumstances where the conditions referred to in that subparagraph are satisfied.”.