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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).