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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 168

What can the Tribunal order?

    (1)     After section 192(1) of the Principal Act insert

    "(1A)     The Tribunal may make an order requiring the caravan park owner to carry out specified site repairs if it is satisfied that the caravan park owner is in breach of the duty to maintain in good repair the site, or a structure or fixture on the site owned by the caravan park owner.

    (1B)     The Tribunal may make an order requiring repairs to be carried out by a suitably qualified person.

    (1C)     The Tribunal may make an order requiring the payment of compensation.

    (1D)     Without limiting the matters to which the Tribunal may have regard in determining an application under section 189, 189A, 191 or 191A, the Tribunal must have regard to the following—

        (a)     whether the repair is required because of—

              (i)     an act or omission by the resident; or

              (ii)     non-compliance by the resident with the agreement in respect of the residency right or the resident's duties under section 173;

        (b)     whether the caravan owner or caravan park owner (as the case requires) or that person's agent received notice of the fault requiring repair;

        (c)     if the caravan owner or caravan park owner or that person's agent received notice of the fault requiring repair, whether the caravan owner or caravan park owner was given a reasonable opportunity by the resident to make the repair;

        (d)     whether the resident arranged for a suitably qualified person to carry out any repairs;

        (e)     whether the caravan owner or caravan park owner is required to arrange for a suitably qualified person to verify the quality of any repair;

        (f)     whether the resident has provided documentary evidence to the Tribunal of repairs, including the cost of repairs.".

    (2)     In section 192(2) of the Principal Act, for "The order" substitute "An order made under subsection (1) or (1A)".



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