RESIDENTIAL TENANCIES ACT 1997 - SECT 91YA Application for termination of residential rental agreement because of coercion or deception of SDA resident

RESIDENTIAL TENANCIES ACT 1997 - SECT 91YA

    (1)     An SDA resident who is a party to a residential rental agreement may apply to the Tribunal for any of the following orders on a ground specified in subsection (2)—

        (a)     an order terminating the existing residential rental agreement;

        (b)     an order—

              (i)     terminating the existing residential rental agreement; and

              (ii)     requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is an SDA resident and other persons (if any) specified in the application;

        (c)     if all the renters under the existing residential rental agreement are SDA residents, an order—

              (i)     terminating the residential rental agreement; and

              (ii)     requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA residency agreement with each person who is a renter under the existing residential rental agreement.

    (2)     The following grounds are specified for the purposes of subsection (1)—

        (a)     the SDA resident was coerced or deceived into entering into the residential rental agreement;

        (b)     the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement;

        (c)     the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E.

    (3)     For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—

        (a)     the SDA resident or one of the following persons who may make an application on behalf of the SDA resident—

              (i)     the Director;

              (ii)     the SDA resident's guardian (if any);

              (iii)     the SDA resident's administrator (if any);

              (iv)     the Public Advocate;

        (b)     the SDA provider;

        (c)     any other party to the existing residential rental agreement;

        (d)     any other person specified in the application as a party.

    (4)     An application under subsection (1) may be made without the consent of the SDA provider or any other party to the existing residential rental agreement.

    (5)     The Tribunal must hear an application under subsection (1)—

        (a)     within 3 business days of the application being made; or

        (b)     if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.

    (6)     If an application is made under subsection (1), any other action that could otherwise be taken in respect of the existing residential rental agreement is stayed until the Tribunal determines the application.

S. 91YB inserted by No. 45/2018 s. 79A (as amended by No. 32/2020 s. 12).