RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 308H Application to tribunal about notice ending tenancy interest

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 308H

308H Application to tribunal about notice ending tenancy interest

(1) This section applies if a tenant gives, or purports to give, the lessor a notice ending tenancy interest.

(2) The lessor may, within 7 days after receiving the notice, apply to the tribunal for an order setting aside the notice because it does not comply with section 308B .

(3) The tribunal may make the order only if satisfied the notice does not comply with section 308B .

(4) In deciding whether to make the order, the tribunal—

(a) must have regard to whether or not the evidence supporting the notice is the evidence required under section 308B (1) (b) ; but

(b) must not examine—

(i) whether or not the tenant experienced domestic violence; or

(ii) the tenant’s belief as to whether or not the tenant could safely continue to occupy the premises.