RESIDENTIAL TENANCIES ACT 1995 - SECT 105UA
RESIDENTIAL TENANCIES ACT 1995 - SECT 105UA
105UA—Termination based on abuse of rooming house resident
(1) The Tribunal may,
on application by a resident, terminate a rooming house agreement from a date
specified in the Tribunal's order if satisfied—
(a) that
an intervention order is in force against a person who resides in the same
rooming house as the applicant (whether or not under the same
rooming house agreement as the applicant) for the protection of—
(i)
the applicant; or
(ii)
a domestic associate of the applicant who normally or
regularly resides in the rooming house; or
(b) that
a person who resides in the same rooming house as the applicant (whether or
not under the same rooming house agreement as the applicant) has committed
domestic abuse against—
(i)
the applicant; or
(ii)
a domestic associate of the applicant who normally or
regularly resides in the rooming house.
(2) For the purposes
of an application under this section, the applicant, the proprietor and any
other resident under the rooming house agreement are parties to proceedings
concerning the tenancy dispute.
(3) If the Tribunal
makes an order under subsection (1)—
(a) the
Tribunal may, subject to this section, also make an order requiring the
proprietor to enter into a new rooming house agreement with the applicant or
another resident under the terminated rooming house agreement (or both) for
the remainder of the term of the agreement; and
(b) the
new rooming house agreement must be on the same terms and conditions as the
terminated rooming house agreement, subject to any changes determined by the
Tribunal.
(4) The Tribunal must
not make an order under subsection (3) requiring the proprietor to enter
into a new rooming house agreement with a resident under the terminated
rooming house agreement who is—
(a) the
person referred to in subsection (1)(a) against whom an
intervention order is in force; or
(b) the
person referred to in subsection (1)(b) whom the Tribunal is satisfied
has committed domestic abuse against an applicant or a domestic associate of
the applicant who normally or regularly resides in the rooming house,
if the proprietor indicates, as part of proceedings before the Tribunal, that
the proprietor considers it would be unreasonable for such an order to be
made.
(5) The Tribunal must,
before making an order under subsection (3) requiring a proprietor to
enter into a new rooming house agreement, be satisfied that the resident or
residents under the new rooming house agreement could reasonably be expected
to comply with the obligations under the new agreement.
(6) If a party to
proceedings on an application under this section objects to an application for
the making of an order under subsection (1) or (3), the Tribunal must not
make the order unless satisfied that the hardship likely to be suffered by the
applicant or a domestic associate of the applicant who normally or regularly
resides in the rooming house would, if the order were not made, be greater
than any hardship likely to be suffered by the objector as a consequence of
the making of the order.
(7) In considering an
application under this section, the Tribunal must have regard to such of the
following orders and proceedings (if any) as are relevant to the application:
(a) an
order, injunction, undertaking, plan, recognisance or other form of obligation
imposed or agreement made under the Family Law Act 1975 of the
Commonwealth;
(b) an
order made under the Children's Protection Act 1993 or the Children and
Young People (Safety) Act 2017 ;
(c) an
order made under the Intervention Orders (Prevention of Abuse) Act 2009
;
(d) a
pending application for an order referred to in paragraph (a), (b) or
(c);
(e) any
other relevant legal proceedings.
(8) If a rooming
house agreement is terminated under this section because of an intervention
order in force against a resident under the agreement, or because a resident
under the agreement has committed domestic abuse, the Tribunal may order the
resident to make a payment of compensation to the proprietor for loss and
inconvenience resulting, or likely to result, from the termination of the
agreement or from an order under subsection (3).
(9) If the Tribunal
finds, in relation to a rooming house agreement that is terminated under this
section, that 1 or more, but not all, of the residents under the
agreement are responsible for damage to the rooming house or property provided
by the proprietor, the Tribunal may determine that the responsible resident or
residents are liable (to the exclusion of other residents under the agreement)
for making any payment of compensation ordered under section 110(1)(c).
(10) If 1 or more, but
not all, of the residents under a rooming house agreement are liable under
subsection (8) or (9) for making a payment of compensation, the following
provisions apply:
(a) the
Tribunal may give a direction under section 110(1)(i) that the bond (if
any) be paid to the proprietor and any resident who is not liable for making
the payment in such proportions as the Tribunal thinks fit;
(b) a
direction under paragraph (a) may not operate to limit the amount of bond
payable to a proprietor under section 110(1)(i).