Australian Capital Territory Repealed Acts

This legislation has been repealed.

TENANCY TRIBUNAL ACT 1994 NO 64 (REPEALED) - SECT 36

    (1)         Without limiting the matters to which the tribunal may have regard for the purposes of making an order in relation to a dispute referred to in section 6 (1) (b), the tribunal may have regard to any of the following matters:

        (a)     the relative strengths of the bargaining positions of the owner and the tenant;

        (b)     whether, as a result of conduct engaged in by the owner, the tenant was required to comply with conditions that were not reasonably necessary for the protection of the legitimate interests of the owner;

        (c)     whether the tenant was able to understand any document relating to the lease;

        (d)     whether any undue influence or pressure was exerted on, or any unfair tactics were used against, the tenant or a person acting on behalf of the tenant by the owner or a person acting on behalf of the owner in relation to the lease;

        (e)     the circumstances under which the tenant could have acquired a lease on identical terms over similar premises from a person other than the owner;

        (f)     the extent to which the owner's conduct towards the tenant was consistent with the owner's conduct in similar lease transactions between the owner and other like tenants;

        (g)     the requirements of the code;

        (h)     the extent to which the owner unreasonably failed to disclose to the tenant—

              (i)     any intended conduct of the owner that might affect the interests of the tenant; and

              (ii)     any risks to the tenant arising from the owner's intended conduct (being risks that the owner should have foreseen would not be apparent to the tenant);

              (i)     the extent to which the owner and the tenant acted in good faith.

    (2)         An owner is not to be taken, for this section, to have engaged in harsh, oppressive or unconscionable conduct only because of the referral of a dispute to the tribunal.

    (3)         In the application of subsection (1)—

        (a)     the tribunal shall not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and

        (b)     the tribunal may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.