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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 421

Matters to which tribunal must have regard for orders for compensation

421 Matters to which tribunal must have regard for orders for compensation

(1) Without limiting section 420 (1) , in making an order for compensation in favour of a lessor, a tribunal must have regard to the following—
(a) rent required to be paid but not paid for the period starting when the agreement is terminated because of the tenant’s action and ending—
(i) when the period fixed as the term of the tenancy ends; or
(ii) if the premises are relet before the end of the period mentioned in subparagraph (i)—when the premises are relet;
(b) advertising expenses incurred by the lessor for reletting the premises;
(c) other expenses incurred by the lessor for work carried out by the lessor for reletting the premises;
(d) whether the lessor has met the lessor’s duty under section 362 to mitigate loss or expense.
(2) Also, without limiting section 420 (1) , in making an order for compensation in favour of a provider, a tribunal must have regard to the following—
(a) rent required to be paid but not paid for the period starting when the agreement is ended because of the resident’s action and ending—
(i) when the period fixed as the term of the accommodation ends; or
(ii) if the resident’s room is relet before the end of the period mentioned in subparagraph (i)—when the room is relet;
(b) advertising expenses incurred by the provider for reletting the resident’s room;
(c) other expenses incurred by the provider for work carried out by the provider for reletting the resident’s room;
(d) whether the provider has taken all reasonable steps to mitigate the loss or expense.



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