Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2010 (NO. 67 OF 2010) - SECT 20

After section 214 of the Principal Act insert —

        " 214A     Compensation for loss of rent under terminated site agreement

    (1)     If the Tribunal makes an order under section 212(2) directing a person to pay compensation to a site owner for loss or damage suffered by the site owner as a result of the termination of a site agreement under section 317E or section 317I, an amount specified in the order in respect of the loss of rent that would have been payable under the site agreement, if it had not been terminated, must not exceed the lesser of—

        (a)     the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for a 12 month period from the day of the termination of the site agreement; or

        (b)     the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the period from the day of the termination of the site agreement until the day the Part 4A site is occupied by another site tenant or other occupant; or

        (c)     the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the remaining term of the site agreement.

    (2)     Subsection (1) does not limit the amount the Tribunal may direct a person to pay to a site owner as compensation for any other loss or damage suffered by the site owner as a result of the early termination of the site agreement or on any other grounds.".