(1)  Either party to a residential tenancy agreement may apply to a magistrate for an order determining whether or not a provision of the agreement is inconsistent with this Act.

(2)  The magistrate may –

(a) order that the provision be modified in a specified manner; or

(b) declare that the provision has no effect.

(3)  The fact that a provision of a residential tenancy agreement is declared to have no effect does not affect the right of occupancy conferred generally or specifically by the agreement.