Section 55 — Residential Tenancies Act 1986: Termination on non-payment of rent, damage, or assault

55 Termination on non-payment of rent, damage, or assault (1) Subject to subsection (2) of this section, on any application made to it under this section by the landlord, the Tribunal shall make an order terminating the tenancy if the Tribunal is satisfied that— (a) The rent was, at the date on which the application was filed under section 86 of this Act, at least 21 days in arrear; or (b) The tenant has caused, or has permitted any other person to cause, or has threatened to cause, substantial damage to the premises; or (c) The tenant has assaulted, or has threatened to assault, the landlord or any member of the landlord's family, or any agent of the landlord, or any occupier of any building of which the premises constitute a part, or any neighbour of the premises or of any such building. (1A) Notwithstanding section 78(3) of this Act, the Tribunal may, instead of making a final termination order for the non-payment of rent under this section, make a conditional order if, but only if, it is satisfied that— (a) The tenant will pay any rent in arrear within a period specified by the Tribunal; and (b) It is unlikely that the tenant will commit any further breach of a kind to which this section applies. (1B) Any conditional order referred to in subsection (1A) of this section— (a) Shall set out the terms of repayment of any rent in arrear or any other conditions attaching to the order; and (b) Shall automatically take effect as a final termination order if the conditions are not complied with; and (c) Shall lapse if the conditions are complied with. (2) The Tribunal may refuse to make an order under subsection (1) of this section if, but only if, it is satisfied that the breach has been remedied (where it is capable of remedy), the landlord has been compensated for any loss arising from the breach, and it is unlikely that the tenant will commit any further breach of a kind to which this section applies. (3) It shall not be necessary for the landlord to give to the tenant notice of the landlord's intention to apply under this section for an order terminating the tenancy. (4) In this section premises includes facilities. Subsections (1A) and (1B) were inserted, as from 1 May 1996, by section 22(1) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (4) was inserted, as from 1 May 1996, by section 22(2) Residential Tenancies Amendment Act 1996 (1996 No 7).