Western Australian Current Acts

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RESIDENTIAL TENANCIES ACT 1987 - SECT 78B

78B .         Review of abandonment order

        (1)         The tenant under a residential tenancy agreement who is dissatisfied with a decision of a court under section 78A(3) declaring that the tenant abandoned the premises on a stated day may apply to the court for a review of the decision.

        (2)         The application must be made within 28 days after the decision is made.

        (3)         The review is to be by way of a rehearing.

        (4)         The court —

            (a)         must exercise its original jurisdiction for the review; and

            (b)         may make an order under this section if it is satisfied the applicant did not abandon the premises or only abandoned the premises on a day after the day stated.

        (5)         The order the court may make is an order requiring the lessor under the agreement to pay to the tenant an amount the court considers appropriate as compensation for any loss or expense incurred by the tenant by the termination of the agreement.

        [Section 78B inserted: No. 60 of 2011 s. 75.]



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