Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 83

83 .         Recovery of amounts paid under mistake of law or fact

                Where a party to a residential tenancy agreement pays any amount to the other party under a mistake of law or fact relating to the agreement, that party may —

            (a)         upon application to a competent court, recover that amount from the other party; or

            (b)         in the case of payment by the tenant, deduct the amount from rent payable under the agreement.

        [Section 83 amended: No. 50 of 1988 s. 18; No. 59 of 2004 s. 120(1).]