65BDamage to premises—investigation by Secretary

#### 65B Damage to premises—investigation by Secretary 65B Damage to premises—investigation by Secretary > > (1) On application in writing by a landlord, the Secretary may cause an investigator to investigate whether the tenant— > > > > > (a) has intentionally or negligently caused or permitted damage to the residential premises, and > > > > > (b) without reasonable excuse, has refused or failed to repair, or satisfactorily repair, the damage. > > > (2) An application may only be made under this section if— > > > > > (a) the landlord has requested the tenant by notice in writing to repair damage to the residential premises intentionally or negligently caused or permitted by the tenant, and > > > > > (b) the written notice contains particulars of the damage, and > > > > > (c) the tenant has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, and > > > > > (d) the application is accompanied by the fee (if any) prescribed by the regulations. > > > (3) An investigation may be carried out only if the tenant has consented to the investigation within 7 days of being requested by the Secretary to do so. > > > (4) If, after an investigation is completed, the Secretary is satisfied that the tenant— > > > > > (a) has intentionally or negligently caused or permitted damage to the residential premises and, in doing so, has breached the residential tenancy agreement, and > > > > > (b) has, without reasonable excuse, refused or failed to repair, or satisfactorily repair, the damage, > > > > the Secretary may, by notice in writing, order the tenant to take the steps specified in the order to ensure that the repairs specified in the order are carried out, rectified or completed (a tenant rectification order). > > > (5) The tenant rectification order— > > > > > (a) may specify conditions to be complied with by the landlord before the requirements of the order must be complied with, and > > > > > (b) may specify stages in which the requirements of the order must be complied with, and > > > > > (c) must specify a date by which the requirements of the order must be complied with or a date by which the requirements of any stage of the order must be complied with, subject to the landlord’s compliance with any condition referred to in paragraph (a), and > > > > > (d) must state the reasons for the Secretary’s decision to make a tenant rectification order, including particulars of the results of the investigation, and > > > > > (e) must indicate that the tenant and the landlord each has a right to apply— > > > > > > > (i) to the Secretary for a review of the Secretary’s decision to issue a tenant rectification order or the terms of the tenant rectification order, or > > > > > > > (ii) to the Tribunal in respect of the matter giving rise to the making of the tenant rectification order, and > > > > > (f) must indicate that the order will be suspended if the matter giving rise to the order becomes the subject of an application by the tenant or landlord to the Secretary or Tribunal. > > > (6) The Secretary must give the landlord a copy of the tenant rectification order. > > > (7) The tenant rectification order may be amended by a further order of the Secretary on the application of the landlord or tenant made within 7 days of the date on which the tenant was given the tenant rectification order. > > > (8) If an application is made under subsection (7), the tenant rectification order is suspended until the Secretary determines the application. > > > (9) This section does not apply to a tenant or co-tenant who has immunity from liability for damage given under— > > > > > (a) section 54(1A) or (1B), or > > > > > (b) section 54A. > > > (10) This section does not affect any other rights of the tenant or landlord under this Act for breaches of the residential tenancy agreement. > > **s 65B:** Ins 2018 No 58, Sch 1\[18\]. Am 2020 No 30, Sch 1.40\[2\].