Section 148 — Application

148 (1) A landlord may apply to the Board for an order transferring a tenant out of a care home and evicting the tenant if,

(a) the tenant no longer requires the level of care provided by the landlord; or

(b) the tenant requires a level of care that the landlord is not able to provide.

(2) The Board may issue an order under clause (1) (b) only if it is satisfied that,

(a) appropriate alternate accommodation is available for the tenant; and

(b) the level of care that the landlord is able to provide when combined with the community based services provided to the tenant in the care home cannot meet the tenant’s care needs.

(3) If a dispute arises, the dispute shall be sent to mediation before the Board makes an order.

(4) If the landlord fails to participate in the mediation, the Board may dismiss the landlord’s application.

Rules Related to Rent and Other Charges