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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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