Victorian Current Acts Victorian Current Acts(1) On an application under section 91YA(1), the Tribunal may—
(a) order the dismissal of the application; or
(b) if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under section 498D or an explanation of the information statement under section 498E—
(i) order the termination of the existing residential rental agreement; or
(ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new residential rental agreement with the SDA resident and other persons (if any) specified in the application; or
(iii) if all renters to the agreement are SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency agreement with each SDA resident.
(2) If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify the date on which the existing residential rental agreement terminates.
(3) For the purposes of subsection (1)(b), the Tribunal may—
(a) adjourn the application to determine a termination date in consultation with the renters party to the existing residential rental agreement; or
(b) adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or
(c) if, during an adjournment the parties to the residential rental agreement are—
(i) unable to enter into a new residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or
(ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.
(4) If the Tribunal makes an order under subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage suffered by the SDA provider, the Tribunal may—
(a) order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential rental agreement, apportion the bond to be paid out by the Authority between the renters; and
(b) revoke any compensation orders that have been issued against the renter.
(5) In determining an application under section 91YA(1), the Tribunal may take into account the Director's guidelines.
Subdivision 4—Notice or abandonment by renter
S. 91Z inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).