Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 190

    (1)     A resident may apply to the Director to investigate whether the caravan park owner or caravan owner is in breach of a duty to ensure the caravan is maintained in good repair if—

        (a)     the resident has given notice to the caravan park owner or caravan owner that repairs (other than urgent repairs) are required to the caravan; and

        (b)     the caravan park owner or caravan owner has not carried out the repairs within 14 days after being given the notice.

    (2)     An application under subsection (1) must be in writing.

    (3)     On an application under subsection (1), the Director—

S. 190(3)(a) amended by No. 45/2018 s. 164(2)(a).

        (a)     may investigate; and

        (b)     may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the caravan park owner or caravan owner is in breach of the duty to maintain the caravan in good repair; and

S. 190(3)(c) substituted by No. 45/2018 s. 164(2)(b).

        (c)     may issue a report that—

              (i)     certifies that the caravan park owner or the caravan owner is in breach of the duty to maintain the caravan in good repair; and

              (ii)     directs the caravan park owner or the caravan owner to do anything necessary to comply with the duty, including specifying a reasonable time for the completion of repairs, if any.

S. 190(4) inserted by No. 45/2018 s. 164(3).

    (4)     If the Director has issued a report stating that the caravan park owner or the caravan owner is in breach of the duty to maintain the caravan in good repair, the resident may apply in writing to a court or the Tribunal for an order directing the caravan owner to comply with any requirements of the Director in the report.

S. 190(5) inserted by No. 45/2018 s. 164(3).

    (5)     On an application under section 190(4), a court or the Tribunal—

        (a)     may order the caravan owner to comply with the requirements of the Director in the report the subject of the application, including requiring the caravan owner to cause any repairs to be completed within the specified time; and

        (b)     may make any other orders the court or Tribunal thinks fit.

Note

Section 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the  Electronic Transactions (Victoria) Act 2000 .

S. 190A inserted by No. 45/2018 s. 165.