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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 169
Orders of tribunal
169 Orders of tribunal
(1) This section applies if the lessor and tenant do not agree about— (a)
the amount of the lessor’s outgoings for a service charge payable by the
tenant; or
(b) the amount of the reduced rent payable under the agreement
because a service or facility ceases to be available for use by the tenant.
(2) Either party may apply to a tribunal for a decision about the amount
payable.
(3) For an application about outgoings, the tribunal may, in
addition to deciding the amount of the outgoings payable by the tenant, make
an order requiring payment of the amount by the tenant.
(4) In deciding an
amount payable by a tenant for outgoings for a water service charge, the
tribunal must have regard to the following— (a) relevant available
information about water usage and charges for premises in the local government
area in which the relevant premises are situated;
(b) the area of the
relevant land;
(c) any terms of the agreement affecting the amount of water
used;
(d) the presence or absence of water saving devices in the premises;
(e) the number of persons occupying the premises;
(f) the quantity of water
for which the lessor should reasonably be liable;
(g) anything else the
tribunal considers relevant.
(5) For an application about reduced rent, the
tribunal may, as well as deciding the amount of the reduced rent payable under
the agreement, make any order it considers appropriate about rent paid, or
payable, under the agreement.
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