RESIDENTIAL TENANCIES ACT 1997 - SECT 211A Further matters to be considered by Tribunal

RESIDENTIAL TENANCIES ACT 1997 - SECT 211A

    (1)     Subsection (2) applies in respect of an application for compensation for damage to—

        (a)     rented premises under a residential rental agreement; and

        (b)     a rooming house, including a room or common areas of the rooming house; and

        (c)     a caravan park, caravan or movable dwelling; and

        (d)     a Part 4A park or a Part 4A site.

    (2)     In calculating an amount of compensation payable by a renter, a resident or a site tenant (as the case requires) on an application referred to in subsection (1), the Tribunal must take into account any depreciation of the damaged part of the property referred to in subsection (1)(a), (b), (c) or (d) by having regard to—

        (a)     the Uniform Capital Allowance System; or

        (b)     any other prescribed scale.

    (3)     In calculating an amount of compensation payable on an application under section 210 or 210B for early termination of a residential rental agreement by the renter, or of a site agreement by the site tenant, the Tribunal must—

        (a)     determine advertising costs and reletting fees (if any) incurred by the residential rental provider or the site owner (as the case requires) on a basis that is proportionate to the actual cost of securing the renter or the site tenant; and

Example

A renter has lived in rented premises under a residential rental agreement, on terms including a 12 month fixed term, rent of $500 per week and a reletting fee of $500. The renter notifies the property manager that the renter will terminate the rental agreement 6 months before the end of the fixed term. The property manager advertises the rented premises for rent immediately and finds a new renter. The advertising costs were $250. The new renter enters the premises one week after the previous renter vacates the premises. The residential rental provider's costs of advertising and reletting fees are $1000, which is the sum of one week's rent ($500), the reletting fee pro-rated for 6 months of the unexpired term of the agreement ($250) and advertising costs ($250).

        (b)     determine the amount of compensation for loss of rent (if any) by taking into account what loss could reasonably have been mitigated by the residential rental provider or the site owner (as the case requires) by promptly reletting the rented premises or the Part 4A site; and

        (c)     have regard to any severe hardship the renter or the site tenant would have been expected to suffer due to an unforseen change in circumstances, if the residential rental agreement or site agreement had continued; and

        (d)     not award any compensation for loss of future rent to the residential rental provider, or the site owner (as the case requires), if the residential rental provider or the site owner served a notice to vacate on the renter or the site tenant, unless the notice was served because the renter or the site tenant terminated or repudiated the residential rental agreement or the site agreement; and

        (e)     determine compensation payable after a renter or a site tenant has given the residential rental provider or the site owner a notice of intention to vacate under section 91ZB, 91ZC or 207S.

Note

Section 91ZH applies to advanced payments of rent by a renter to a residential rental provider after the rented premises have been abandoned by the renter.

    (4)     If the Tribunal is determining an application under section 210 in respect of a claim by a residential rental provider for unpaid rent in a residential rental agreement for a fixed term of more than 5 years that has been terminated early, the Tribunal may not award an amount of compensation in excess of a maximum of one month's rent under the agreement for each 12 month period of the unexpired term of the agreement.

    (5)     In the case of an application referred to in subsection (1)(a), the Tribunal must take into account whether a renter who was required to give written notice under section 72AA has given that notice to the residential rental provider.

S. 211B inserted by No. 45/2018 s. 232 (as amended by No. 47/2019 s. 81).