(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.]