Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 47

What can the Tribunal order?

47. What can the Tribunal order?



(1) If an application is made under section 46, the Tribunal may-

   (a)  make an order-

   (i)  declaring the rent or proposed rent excessive; and

   (ii) directing that for the period specified in the order the rent must not
        exceed the amount specified in the order; or

   (b)  dismiss the application.

(2) If the Director's report has been obtained under section 45, the Tribunal
must have regard to that report in determining the application.

(3) The Tribunal must make an order declaring the rent or proposed rent
excessive if it is satisfied that the rent or proposed rent is more than that
which should reasonably be paid by a tenant having regard to-

   (a)  the rent payable for comparable rented premises let under a tenancy
        agreement by a landlord, other than a public statutory authority, in
        the same locality;

   (b)  the state of repair and general condition of the rented premises;

   (c)  the cost of goods and services and facilities provided with the rented
        premises;

   (d)  any charges in respect of the rented premises for which the landlord
        is or may be liable under this Act or any other Act or the tenancy
        agreement;

   (e)  the cost of goods and services and facilities provided by the tenant
        under the tenancy agreement;

   (f)  any charges payable by the tenant under this Act or any other Act or
        the tenancy agreement;

   (g)  any work which the tenant has done with the landlord's consent or
        agreed with the landlord to do to the premises;

   (h)  any changes in the rent and the condition of the rented premises or
        facilities since the commencement of the tenancy agreement and since
        the last rent increase;

   (ha) the number of rent increases (if any) in the preceding 24 months, the
        amount of each rent increase in that period and the timing of those
        increases;

        (i)    any valuation of the rented premises.

(4) If the Tribunal makes an order under subsection (1)(a) in relation to
rented premises, the landlord cannot require the tenant to pay an amount of
rent greater than that specified in the order for a period of 12 months after
the day on which the order comes into operation.