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RESIDENTIAL TENANCIES ACT 1995 - SECT 105S

RESIDENTIAL TENANCIES ACT 1995 - SECT 105S

105S—Accelerated rent and liquidated damages

        (1)         If a rooming house agreement provides that, on breach by the resident of a term about rent or other term of the agreement, the resident is liable to pay—

            (a)         all or any part of the rent remaining payable under the agreement; or

            (b)         rent of an increased amount; or

            (c)         an amount by way of penalty; or

            (d)         an amount by way of liquidated damages,

the provision is void.

        (2)         If a rooming house agreement provides that, on early or punctual payment of rent, the rent will or may be decreased or the resident will or may be granted or paid a rebate, refund or other benefit, the resident is entitled to the reduction, rebate, refund or other benefit in any event.

        (3)         If a rooming house agreement contains a provision to which this section applies, the proprietor is guilty of an offence.

Maximum penalty: $35 000.

Expiation fee: $2 000.