Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 46

Application to Tribunal about excessive rent

46. Application to Tribunal about excessive rent



(1) After receiving a report from the Director under section 45, the tenant
may apply to the Tribunal for an order declaring the rent or proposed rent
excessive.



(2) An application under subsection (1) must-

   (a)  be made within 30 days after the tenant receives the Director's
        report;



* * * * *



(3) If a tenant has received a notice of a rent increase and the tenant
considers that the proposed rent is excessive, the tenant may, with the leave
of the Tribunal, apply to the Tribunal for an order declaring the proposed
rent excessive without receiving a report from the Director under section 45.

(4) An application under subsection (3) may only be made after the end of 30
days after the notice of the rent increase is given.

(5) The Tribunal may grant leave under subsection (3) if it is satisfied that
there are reasonable grounds for the tenant's failure to request the Director
to investigate and report under section 45.