South Australian Current Acts

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HOUSING IMPROVEMENT ACT 2016 - SECT 38

38—General powers of Tribunal to resolve housing improvement tenancy disputes

        (1)         The Tribunal may, on application by a party to a housing improvement tenancy dispute

            (a)         restrain an action in breach of this Act; or

            (b)         require a person to comply with an obligation under this Act; or

            (c)         order a person to make a payment (which may include compensation) under this Act for a breach of this Act; or

            (d)         modify a residential tenancy agreement to enable the tenant to recover compensation payable to the tenant by way of a reduction in the rent otherwise payable under the agreement; or

            (e)         relieve a party to a residential tenancy agreement from the obligation to comply with a provision of the agreement; or

            (f)         terminate a residential tenancy agreement or declare that a residential tenancy agreement has, or has not, terminated; or

            (g)         reinstate rights under a residential tenancy agreement that have been forfeited or have otherwise terminated; or

            (h)         require payment of rent into the Fund until conditions stipulated by the Tribunal have been complied with; or

                  (i)         require that rent so paid into the Fund be paid out and applied as directed by the Tribunal; or

            (j)         require a tenant to give up possession of residential premises to the landlord; or

            (k)         make orders to give effect to rights and liabilities arising from the assignment of a residential tenancy agreement; or

            (l)         exercise any other power conferred on the Tribunal under this Act; or

            (m)         do anything else necessary or desirable to resolve a housing improvement tenancy dispute.

        (2)         The Tribunal does not have jurisdiction to award compensation for damages arising from personal injury.



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