Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 206ZZAF

    (1)     If a site tenant has given notice under section 206ZZAC(1)(a) requiring repairs to be carried out, the site tenant may apply to the Tribunal for an order authorising the payment of rent into the Rent Special Account.

    (2)     The Tribunal must make an order authorising the site tenant to pay the rent into the Rent Special Account for a period specified by the Tribunal if it is satisfied that—

        (a)     a notice requiring the carrying out of repairs has been given to the site owner in accordance with this Act; and

        (b)     the site owner has failed to comply with the duty to carry out the repairs; and

        (c)     the site owner has not demonstrated that the site owner—

              (i)     is experiencing financial hardship; or

              (ii)     would experience financial hardship if the rent was paid into the Rent Special Account.

    (3)     If an order is made under subsection (2)—

        (a)     the amount of the rent held in the Rent Special Account at the end of that period must be paid to the site owner; and

        (b)     on an application by the site owner, the Tribunal may order that the whole, or such part of the rent as it may determine, be paid to the site owner before the end of that period, if it is satisfied that the site owner has fulfilled or is fulfilling the site owner's duty to carry out the repairs.

    (4)     A site tenant may apply to the Tribunal to order that the whole or any part of the rent paid into the Rent Special Account be paid to the site tenant if—

        (a)     the Tribunal has made an order under subsection (2) that rent be paid into the Rent Special Account; and

        (b)     the site owner has not effected any required repairs at the Part 4A site by the end of the period stated in that order.

    (5)     In determining whether a site owner has demonstrated that the site owner has experienced or would experience financial hardship for the purposes of subsection (2), the Tribunal may have regard to any of the following—

        (a)     an eviction notice given to the site owner;

        (b)     a disconnection notice in respect of a service or utility account held by the site owner;

        (c)     a notice of legal proceedings issued against the site owner;

        (d)     a letter from a non-profit organisation about the site owner's loss of employment or financial hardship;

        (e)     a notice from a lender to the site owner, including—

              (i)     an overdraft call; or

              (ii)     a repossession notice in respect of a mortgaged property;

        (f)     outstanding medical bills of the site owner;

        (g)     a letter from a doctor in respect of the impact of the site owner's illness or carer's responsibility on the ability of the site owner to earn an income;

        (h)     a final notice from a school to the site owner in respect of the payment of mandatory schooling fees;

              (i)     funeral expenses payable by the site owner;

        (j)     a repossession notice served on the site owner in respect of an essential item;

        (k)     a hardship variation, or a written request to vary the terms of an existing loan held by the site owner;

        (l)     any other prescribed document.

S 206ZZAG inserted by No. 45/2018 s. 216 (as amended by No. 47/2019 s. 79).