Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 332A

Tribunal may dismiss possession order application and make compliance order in certain circumstances

    (1)     Despite section 330, if an application for a possession order is supported by a notice to vacate given under section 91ZI , 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 206AQ, 206AR, 206AS, 207W, 207X or 207Y, the Tribunal, having regard to whether it is reasonable and proportionate in accordance with section 330A to do so—

        (a)     may dismiss the application for a possession order; and

        (b)     if it is appropriate to do so, may make a compliance order under section 212 as if the application for a possession order had been an application under section 209.

    (2)     Without limiting section 212, the compliance order may require a renter, resident or site tenant, as the case requires—

        (a)     to remedy the breach of duty to which the application for a possession order related; and

        (b)     to refrain from committing a further or similar breach.

    (3)     If the Tribunal finds that the breach of duty to which the application for a possession order related was committed or caused by a person other than the renter, resident or site tenant, the Tribunal may order that the renter, resident or site tenant, as the case requires, does not permit the person who committed or caused the breach to enter, or remain in, the rented premises, room or site.



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