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RESIDENTIAL TENANCIES ACT 1997 - SECT 102

Resident may complain to Director about excessive rent

    (1)     A resident of a rooming house may apply to the Director to investigate and report if the resident has received a notice of a rent increase and the resident considers that the proposed rent is excessive.

S. 102(1A) inserted by No. 63/2005 s. 10(1).

    (1A)     A resident of a rooming house may apply to the Director to investigate and report if—

        (a)     the resident's rent has been reduced as a result of an increase in the room capacity of the resident's room; and

        (b)     the resident considers that the reduction is insufficient and the rent is excessive.

    (2)     An application under subsection (1) must be made in writing within 30 days after the notice of the rent increase is given.

S. 102(2A) inserted by No. 63/2005 s. 10(2).

    (2A)     An application under subsection (1A) must be made in writing within 30 days after the notice of the proposed increase in room capacity was given to the resident under section 94B.

    (3)     As soon as practicable after receiving an application, the Director must—

        (a)     carry out an investigation; and

S. 102(3)(b) amended by No. 45/2018 s. 355(1).

        (b)     give a written report to the resident and a copy of the report to the rooming house operator.

    (4)     The report of the Director must—

        (a)     include a statement informing the resident of the resident's right under section 103 to apply to the Tribunal for an order in respect of the proposed rent; and

        (b)     take into account the matters referred to in section 104(3).

S. 102A inserted by No. 67/2010 s. 74.



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