Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 46

Application to Tribunal about excessive rent

    (1)     After receiving a report from the Director under section 45, the tenant may apply to the Tribunal for an order declaring the rent or proposed rent excessive.

    (2)     An application under subsection (1) must—

S. 46(2)(a) amended by No. 52/1998
s. 236(a)(i).

        (a)     be made within 30 days after the tenant receives the Director's report;

S. 46(2)(b) repealed by No. 52/1998
s. 236(a)(ii).

    *     *     *     *     *


    (3)     If a tenant has received a notice of a rent increase and the tenant considers that the proposed rent is excessive, the tenant may, with the leave of the Tribunal, apply to the Tribunal for an order declaring the proposed rent excessive without receiving a report from the Director under section 45.

    (4)     An application under subsection (3) may only be made after the end of 30 days after the notice of the rent increase is given.

    (5)     The Tribunal may grant leave under subsection (3) if it is satisfied that there are reasonable grounds for the tenant's failure to request the Director to investigate and report under section 45.



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