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RESIDENTIAL TENANCIES ACT 1997 - SECT 452

General applications to the Tribunal

    (1)     A landlord or a tenant under a tenancy agreement may apply to the Tribunal if—

        (a)     a dispute has arisen under the tenancy agreement; or

        (b)     there has been a breach of the tenancy agreement or of the provisions of this Act relating to the tenancy agreement.

    (2)     A rooming house owner or a rooming house resident may apply to the Tribunal if—

        (a)     a dispute arises in respect of a residency right or an agreement relating to a residency right; or

        (b)     there has been a breach of a duty under the rooming house provisions.

    (3)     A caravan park resident or a caravan park owner or a caravan owner may apply to the Tribunal if—

        (a)     a dispute arises in respect of a residency right or an agreement relating to a residency right; or

        (b)     there has been a breach of a duty under the caravan park provisions.

S. 452(3A) inserted by No. 67/2010 s. 64.

    (3A)     A site owner or site tenant may apply to the Tribunal if—

        (a)     a dispute arises in respect of a site agreement or an agreement relating to a site agreement; or

S. 452(3A)(ab) inserted by No. 56/2012 s. 11.

        (ab)     a dispute arises in respect of the rescission of a Part 4A dwelling purchase agreement under section 206JA; or

        (b)     there has been a breach of a duty under the site agreement provisions.

S. 452(3B) inserted by No. 38/2018 s. 303(1).

    (3B)     An SDA provider or an SDA resident under an SDA residency agreement may apply to the Tribunal in relation to a dispute that has arisen under Part 12A.

    (4)     A person may apply to the Tribunal in relation to any dispute in respect of any amount paid to a proposed landlord under section 50.

    (5)     A person who is not a landlord or tenant under a tenancy agreement may with the leave of the Tribunal apply to the Tribunal in relation to the tenancy agreement.

    (6)     A person who is not a caravan park resident or caravan park owner or caravan owner or rooming house resident or rooming house owner may with the leave of the Tribunal apply to the Tribunal in relation to a residency right.

S. 452(6A) inserted by No. 38/2018 s. 303(2).

    (6A)     A person who is not an SDA provider or SDA resident under an SDA residency agreement, with the leave of the Tribunal, may apply to the Tribunal in relation to the SDA residency agreement.

    (7)     Leave must not be granted unless the Tribunal is satisfied that the person has an interest and personal involvement in the tenancy agreement or residency right or an agreement relating to the residency right that is sufficient to justify the granting of leave.

S. 452(7A) inserted by No. 38/2018 s. 303(3).

    (7A)     Leave must not be granted under subsection (6A) unless the Tribunal is satisfied that the person has an interest and personal involvement in the SDA residency agreement that is sufficient to justify the granting of leave.

    (8)     The provisions of this section are in addition to all other rights and powers under this Act.

Ss 453–471 repealed by No. 52/1998
s. 238(g).

    *     *     *     *     *

Pt 11 Div. 4 (Heading) amended by No. 52/1998
s. 238(h).

Division 4—Orders of Tribunal




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