Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498ZR

    (1)     The Tribunal, in hearing an application under section 498ZQ, may take into account—

S. 498ZR(1)(a) repealed by No. 19/2019 s. 182(2).

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        (b)     whether or not the person from whom compensation is claimed has taken all reasonable steps to comply with the duties under this Part or under the SDA residency agreement in respect of which the claim is made; and

        (c)     whether or not the applicant has consented to the failure to comply with the duties in respect of which the claim is made; and

        (d)     whether or not money has been paid to or recovered by the applicant by way of compensation; and

        (e)     whether any reduction or refund of rent has been made to the applicant; and

        (f)     whether or not action has been taken by the applicant to mitigate the loss or damage; and

        (g)     any offer of compensation; and

        (h)     if a claim is made with respect to damage to property, any action taken by the person from whom compensation is claimed to repair the damage at that person's own expense.

S. 498ZR(2) inserted by No. 19/2019 s. 182(3).

    (2)     In hearing an application under section 498ZQ in respect of a breach of duty notice given to an SDA resident, the Tribunal must consider whether any of the following significantly contributed to the breach of duty in respect of which the claim was made—

        (a)     in the case of damage to, or destruction of, property, fair wear and tear;

        (b)     in the case of damage to, or destruction of, property, accidental damage;

        (c)     the reasonable use of the SDA enrolled dwelling;

        (d)     the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling;

        (e)     the act or omission of a person who is not the SDA resident;

        (f)     any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing;

        (g)     a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan;

        (h)     the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006 ;

              (i)     circumstances suggesting that the SDA resident has been subjected to abuse or neglect.

S. 498ZS inserted by No. 38/2018 s. 293.