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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 246 Injury or damage affecting occupants

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 246

Injury or damage affecting occupants

246 Injury or damage affecting occupants

(1) This section applies to a person (the
"occupant" ) who is an occupant of premises and who is not the tenant or a cotenant.
(2) The occupant may apply to a tribunal for an order to be recognised as the tenant, or a cotenant, under the agreement instead of the tenant, or a cotenant, because the tenant or cotenant has intentionally or recklessly caused, or is likely to intentionally or recklessly cause—
(a) serious damage to the premises; or
(b) injury to—
(i) the occupant; or
(ii) someone else occupying, or allowed on, the premises.
(3) The tribunal may make the order if it is satisfied the occupant has established the ground of the application.
(4) If the tribunal makes the order, it may make any other order it considers appropriate.
Examples of orders tribunal may make—
1 an order about the application of the terms of the agreement, or other terms, to the occupant as tenant, or as a cotenant
2 an order about any rental bond paid for the agreement
(5) A person in whose favour an order is made under subsection (3) is taken to be the tenant, or a cotenant, under the agreement on the terms the tribunal orders.
(6) The tribunal may not make an order under subsection (3) without giving the lessor an opportunity to be heard on the application.