Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 77

Payment of rent into Rent Special Account

77. Payment of rent into Rent Special Account



(1) If the tenant has given notice requiring repairs to be carried out to the
rented premises, the tenant may apply to the Tribunal for an order authorising
the tenant to pay the rent under the tenancy agreement into the Rent Special
Account.

(2) The Tribunal may make an order authorising the tenant to pay the rent into
the Rent Special Account for a period specified by the Tribunal if it is
satisfied that-

   (a)  a notice requiring the carrying out of repairs has been given to the
        landlord in accordance with this Act; and

   (b)  the landlord has failed to comply with the duty to carry out the
        repairs.

(3) If an order is made under subsection (2)-

   (a)  the amount of the rent held in the Rent Special Account at the end of
        that period must be paid to the landlord; and

   (b)  on application by the landlord, the Tribunal may order that the whole
        or such part of the rent as it may determine be paid to the landlord
        before the end of that period, if it is satisfied that the landlord
        has fulfilled or is fulfilling the landlord's duty to carry out
        repairs to the premises.