Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498ZI

    (1)     On an application made under section 498ZH , the Tribunal may do any of the following—

        (a)     make an order declaring that the proposed rent is excessive;

        (b)     make an order directing that for the period specified in the order the rent must not exceed the amount specified in the order;

        (c)     dismiss the application.

    (2)     For the purposes of subsection (1), the Tribunal must have regard to—

        (a)     the rent paid by any other SDA residents in the SDA enrolled dwelling; and

        (b)     the rent payable by SDA residents occupying similar SDA enrolled dwellings in similar locations; and

        (c)     the state of repair and general condition of the SDA enrolled dwelling; and

        (d)     the number of increases in the preceding 24 months, the amount of each increase and the timing of those increases; and

        (e)     any changes in the condition of the SDA enrolled dwelling since the SDA resident commenced occupation; and

        (f)     any improvements made to the SDA enrolled dwelling that should not result in an increase because they were made by or on behalf of the SDA resident; and

        (g)     the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

        (h)     any prescribed Act, regulation or instrument.

    (3)     The amount specified in an order made under subsection (1)(b) must not be less than the amount payable by the SDA resident before the notice was given under section 498ZB.

    (4)     Sections 50(3) and 51(1), (2) and (5) of the  Victorian Civil and Administrative Tribunal Act 1998 do not apply in relation to a proceeding for review of a decision to issue a notice of a proposed increase in rent.

S. 498ZJ inserted by No. 38/2018 s. 293.