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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 308H
Application to tribunal about notice ending tenancy interest
308H Application to tribunal about notice ending tenancy interest
(1) This section applies if a tenant gives, or purports to give, the lessor a
notice ending tenancy interest.
(2) The lessor may, within 7 days after
receiving the notice, apply to the tribunal for an order setting aside the
notice because it does not comply with section 308B .
(3) The tribunal may
make the order only if satisfied the notice does not comply with section 308B
.
(4) In deciding whether to make the order, the tribunal— (a) must have
regard to whether or not the evidence supporting the notice is the evidence
required under section 308B (1) (b) ; but
(b) must not examine— (i) whether
or not the tenant experienced domestic violence; or
(ii) the tenant’s
belief as to whether or not the tenant could safely continue to occupy the
premises.
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