New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
RESIDENTIAL TENANCIES ACT 2010 - SECT 65B
Damage to premises--investigation by Secretary
(1) On application in writing by a landlord, the Secretary may cause an
investigator to investigate whether the tenant-- (a) has intentionally or
negligently caused or permitted damage to the residential premises, and
(b)
without reasonable excuse, has refused or failed to repair, or satisfactorily
repair, the damage.
(2) An application may only be made under this section
if-- (a) the landlord has requested the tenant by notice in writing to repair
damage to the residential premises intentionally or negligently caused or
permitted by the tenant, and
(b) the written notice contains particulars of
the damage, and
(c) the tenant has, without reasonable excuse, refused or
failed to repair, or satisfactorily repair, the damage, and
(d) the
application is accompanied by the fee (if any) prescribed by the regulations.
(3) An investigation may be carried out only if the tenant has consented to
the investigation within 7 days of being requested by the Secretary to do so.
(4) If, after an investigation is completed, the Secretary is satisfied that
the tenant-- (a) has intentionally or negligently caused or permitted damage
to the residential premises and, in doing so, has breached the
residential tenancy agreement, and
(b) has, without reasonable excuse,
refused or failed to repair, or satisfactorily repair, the damage,
the
Secretary may, by notice in writing, order the tenant to take the steps
specified in the order to ensure that the repairs specified in the order are
carried out, rectified or completed (a
"tenant rectification order" ).
(5) The tenant rectification order-- (a) may
specify conditions to be complied with by the landlord before the requirements
of the order must be complied with, and
(b) may specify stages in which the
requirements of the order must be complied with, and
(c) must specify a date
by which the requirements of the order must be complied with or a date by
which the requirements of any stage of the order must be complied with,
subject to the landlord's compliance with any condition referred to in
paragraph (a), and
(d) must state the reasons for the Secretary's decision to
make a tenant rectification order, including particulars of the results of the
investigation, and
(e) must indicate that the tenant and the landlord each
has a right to apply-- (i) to the Secretary for a review of the Secretary's
decision to issue a tenant rectification order or the terms of the
tenant rectification order, or
(ii) to the Tribunal in respect of the matter
giving rise to the making of the tenant rectification order, and
(f) must
indicate that the order will be suspended if the matter giving rise to the
order becomes the subject of an application by the tenant or landlord to the
Secretary or Tribunal.
(6) The Secretary must give the landlord a copy of the
tenant rectification order.
(7) The tenant rectification order may be amended
by a further order of the Secretary on the application of the landlord or
tenant made within 7 days of the date on which the tenant was given the
tenant rectification order.
(8) If an application is made under subsection
(7), the tenant rectification order is suspended until the Secretary
determines the application.
(9) This section does not apply to a tenant or
co-tenant who has immunity from liability for damage given under-- (a)
section 54(1A) or (1B), or
(b) section 54A.
(10) This section does not
affect any other rights of the tenant or landlord under this Act for breaches
of the residential tenancy agreement.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback