169HJoint and several liability of short-stay provider and short-stay occupant

169H Joint and several liability of short-stay provider and short-stay occupant

(1) A short-stay provider and a short-stay occupant are jointly and severally liable for satisfying any order made under—

(a) section 165(1)(c) to compensate for loss or damage incurred as a result of the short-stay occupant substantially damaging or altering—

(ii) a structure that forms part of a lot or the common property, intentionally or negligently; or

(b) section 165(1)(j) to rectify loss or damage incurred as a result of the short-stay occupant substantially damaging or altering—

(ii) a structure that forms part of a lot or the common property, intentionally or negligently; or

(c) section 169E to compensate for loss of amenity; or

(d) section 169G to pay a civil penalty.

(2) Where a lot owner has appointed an agent provider—

(a) subsection (1) does not apply to an agent provider; and

(b) the lot owner and the short-stay occupant are jointly and severally liable instead for satisfying any order referred to in subsection (1).

(3) Despite subsection (1), a short-stay provider
is not liable for satisfying a loss of amenity compensation order under section 169E if VCAT is satisfied that the short-stay provider took all reasonable steps to prevent any relevant breach by a short-stay occupant of the proscribed conduct specified in section 159A(2).

Pt 11 Div. 1B (Heading and ss 169I, 169J) inserted by No. 4/2021 s. 73.