Victorian Current Acts

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RESIDENTIAL TENANCIES ACT 1997 - SECT 47

What can the Tribunal order?

    (1)     If an application is made under section 46, the Tribunal may—

        (a)     make an order—

              (i)     declaring the rent or proposed rent excessive; and

              (ii)     directing that for the period specified in the order the rent must not exceed the amount specified in the order; or

        (b)     dismiss the application.

    (2)     If the Director's report has been obtained under section 45, the Tribunal must have regard to that report in determining the application.

    (3)     The Tribunal must make an order declaring the rent or proposed rent excessive if it is satisfied that the rent or proposed rent is more than that which should reasonably be paid by a tenant having regard to—

        (a)     the rent payable for comparable rented premises let under a tenancy agreement by a landlord, other than a public statutory authority, in the same locality;

        (b)     the state of repair and general condition of the rented premises;

        (c)     the cost of goods and services and facilities provided with the rented premises;

        (d)     any charges in respect of the rented premises for which the landlord is or may be liable under this Act or any other Act or the tenancy agreement;

        (e)     the cost of goods and services and facilities provided by the tenant under the tenancy agreement;

        (f)     any charges payable by the tenant under this Act or any other Act or the tenancy agreement;

        (g)     any work which the tenant has done with the landlord's consent or agreed with the landlord to do to the premises;

        (h)     any changes in the rent and the condition of the rented premises or facilities since the commencement of the tenancy agreement and since the last rent increase;

S. 47(3)(ha) inserted by No. 45/2002 s. 13.

        (ha)     the number of rent increases (if any) in the preceding 24 months, the amount of each rent increase in that period and the timing of those increases;

              (i)     any valuation of the rented premises.

    (4)     If the Tribunal makes an order under subsection (1)(a) in relation to rented premises, the landlord cannot require the tenant to pay an amount of rent greater than that specified in the order for a period of 12 months after the day on which the order comes into operation.



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