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RESIDENTIAL TENANCIES ACT 1995 - SECT 105V

RESIDENTIAL TENANCIES ACT 1995 - SECT 105V

105V—Abandoned room

        (1)         The Tribunal may, on application by a proprietor, declare that a resident abandoned the resident's room on a day stated in the declaration.

        (2)         The resident is taken to have abandoned the room on the day stated in a declaration under this section.

        (3)         If a resident under a rooming house agreement for the provision of accommodation for a period of 6 months or more has abandoned the resident's room, the proprietor is entitled to compensation for any loss (including loss of rent) caused by the abandonment.

        (4)         However, the proprietor must take reasonable steps to mitigate any loss and is not entitled to compensation for loss that could have been avoided by those steps.

        (5)         The Tribunal may, on application by the proprietor, order the resident to pay to the proprietor compensation to which the proprietor is entitled under this section.