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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 221

Orders of tribunal about carrying out emergency repairs

221 Orders of tribunal about carrying out emergency repairs

(1) This section applies if, on application made to the tribunal by the tenant for an order under this section, the tribunal is satisfied that—
(a) either—
(i) the tenant has been unable to notify the lessor or nominated repairer of the need for emergency repairs of the premises or inclusions; or
(ii) the repairs are not made within a reasonable time after notice is given; and
(b) the tenant has not arranged for a suitably qualified person to make the repairs; and
(c) the residential tenancy is not a short tenancy (moveable dwelling).
(2) If an application is made under this section, a tribunal may make any order or give any directions about the repairs, the tribunal considers appropriate in all the circumstances of the case.
(3) Without limiting subsection (2) , the tribunal may make any of the following orders—
(a) that the lessor carry out the repairs within the time decided by the tribunal;
(b) that the tenant may arrange for a suitably qualified person to make the repairs for an amount decided by the tribunal;
(c) if paragraph (b) applies, that the lessor pay or reimburse the amount decided by the tribunal, in the way stated by the tribunal.
(4) In deciding an application under this section, the tribunal may have regard to—
(a) whether the tenant obtained a number of quotations for the repairs; and
(b) whether the repairs were necessary because of a breach of a term of the agreement by the tenant.
(5) Subsection (4) does not limit the issues to which the tribunal may have regard.



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