New South Wales Consolidated Acts

RESIDENTIAL PARKS ACT 1998 - SECT 16

16 Applications relating to a breach of or dispute under residential tenancy agreement

(cf RT Act s 16)

(1) If a park owner or a resident under a residential tenancy agreement claims that a breach of a term of the agreement has occurred, the park owner or the resident may, not later than 30 days after becoming aware of the breach, apply to the Tribunal for an order in respect of the breach.

(2) If a park owner or a resident under a residential tenancy agreement claims that a dispute has arisen under the agreement (being a dispute that does not involve a breach of a term of the agreement), the park owner or the resident may refer the dispute to the Director-General.

(3) When a dispute is referred to the Director-General under this section, the Director-General may attempt to bring the park owner and the resident to a settlement acceptable to them.

(4) If the park owner and the resident fail to make such a settlement, the park owner or the resident may, with the consent of the Director-General, apply to the Tribunal for an order in respect of the dispute.

(5) If a person who has paid, or required or received payment of, a reservation fee pending the making of a residential tenancy agreement claims that a dispute has arisen in relation to the reservation fee, the person may apply to the Tribunal for an order in respect of the dispute.

(6) The Tribunal may, on application by a person under this section, make one or more of the following orders:

(a) an order that:

(i) restrains any action in breach of the residential tenancy agreement, or

(ii) requires an action in performance of the agreement,

(b) an order for the payment of an amount of money,

(c) an order that a party to the residential tenancy agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement,

(d) an order as to compensation, including (without limiting the Tribunal’s power to make such an order):

(i) compensation for loss of rent, and

(ii) compensation where a park owner withholds or refuses consent to the removal of a resident’s fixture, and

(iii) compensation for any other breach of the residential tenancy agreement,

(e) an order that requires payment of part or all of the rent under the residential tenancy agreement into the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined,

(f) an order that requires payment (out of rent paid into the Tribunal) towards the cost of remedying a breach of the residential tenancy agreement or towards the amount of any compensation.

(7) An order under subsection (6) (a) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.

(8) An application under this section may be made during the currency of or after the termination of a residential tenancy agreement and may be made whether or not notice of termination has been given or an order for termination has been made by the Tribunal. In addition, an application under subsection (5) may be made whether or not the proposed residential tenancy agreement was executed.