Commentary on Sections Part 8 - Supported Standard Contracts Section 145 – Temporary exclusion
349.A further power provided in relation to a supported standard contract is temporary exclusion. This allows the landlord (including persons designated by the landlord to act on the landlord’s behalf) to require a contract-holder to leave the dwelling for up to 48 hours where the landlord reasonably believes the contract-holder has engaged in certain kinds of behaviour. The behaviour in question is: the use of violence against anyone else in the dwelling; doing something in the dwelling which creates a significant risk of harm to others; or behaviour which seriously impedes other residents’ ability to benefit from the support provided.
350.A contract-holder cannot be excluded for more than 48 hours at a time and cannot be excluded more than three times in any six month period. A landlord must give notice to the contract-holder being excluded, explaining why he or she is being excluded. This notice should be given when the contract-holder is required to leave or as soon as possible afterwards. Subsection (8) provides for the section to be incorporated as a fundamental term of all supported standard contracts.