RESIDENTIAL TENANCIES ACT 1997 - SECT 105 Payment of increased rent pending Tribunal decision
RESIDENTIAL TENANCIES ACT 1997 - SECT 105
Payment of increased rent pending Tribunal decisionS. 105(1) amended by No. 63/2005 s. 12(1).
(1) Pending the Tribunal's decision under section 104 in respect of an increase in rent, the resident must pay, from the time that the proposed increase is to apply—
(a) the increased rent specified in the notice under section 101; or
(b) 110% of the rent immediately before the notice was given—
whichever is less.
S. 105(1A) inserted by No. 63/2005 s. 12(2), amended by No. 45/2018 s. 355(4).
(1A) Pending the Tribunal's decision under section 104 in respect of a reduction in rent for a shared room, the resident must pay, from the time that the reduced rent is to apply, the reduced rent specified by the rooming house operator in the notice given under section 94B.
S. 105(2) amended by Nos 63/2005 s. 12(3), 45/2018 s. 355(4).
(2) If the Tribunal makes an order under section 104 in respect of an increase in rent, it may also order that any excess rent paid by the resident from the time the increase took effect until the date of the order be refunded by the rooming house operator.
S. 105(2A) inserted by No. 63/2005 s. 12(4), amended by No. 45/2018 s. 355(4).
(2A) If the Tribunal makes an order under section 104 in respect of a reduction in rent for a shared room, it may also order that any excess rent paid by the resident from the date that the relevant increase in room capacity took effect until the date of the order be refunded by the rooming house operator.
(3) The order may specify the procedure for the refund to the resident.
S. 106 amended by No. 45/2002 s. 35 (ILA s. 39B(1)).