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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 155
Rental bond resulting from rent decrease
155 Rental bond resulting from rent decrease
(1) This section applies if, in the first 6 months of the term of a
residential tenancy agreement or rooming accommodation agreement, the rent
payable under the agreement decreases or is decreased.
(2) The amount paid as
rent in the 6 month period above the amount that would have been payable if
the lower, or lowest, amount of rent payable in the period had applied for the
full period is, subject to an order of a tribunal, taken to be a payment of a
rental bond.
(3) If the lessor or provider disputes the amount being treated
as a rental bond, the lessor or provider may, within 7 days after the end of
the 6 month period, apply to a tribunal and the tribunal may make an order
declaring the amount, or a part of the amount, is, or is not, a rental bond.
(4) If, because of subsection (2) , a rental bond above the maximum rental
bond is paid, the authority must pay the amount to the tenant or resident on
payment of the excess amount to it.
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