New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 175

175 Determination by Tribunal concerning proposed tenant or subtenant

(1) On application under section 174, the Tribunal is to determine whether the operator's decision not to consent to the residential tenancy agreement concerned is reasonable in the circumstances, having regard to--

(a) whether the residential premises concerned are suitable for occupation by the proposed tenant or subtenant, having regard to his or her physical and mental capacity, and

(b) any other factor that the Tribunal considers relevant.

(2) For the purposes of subsection (1) (b), the age of the proposed tenant or subtenant is not relevant if the proposed tenant or subtenant is a retired person.

(3) On making its determination under subsection (1), the Tribunal may make an order--

(a) directing the operator to consent to the residential tenancy agreement concerned and pay such compensation (if any) as is specified in the order, or

(b) declaring that the operator is not obliged to consent to the agreement.

(4) The operator is taken to have consented to the residential tenancy agreement concerned on the making of an order under subsection (3) (a).