sec.169Orders of tribunal

### sec.169 Orders of tribunal This section applies if the lessor and tenant do not agree about— the amount of the lessor’s outgoings for a service charge payable by the tenant; or the amount of the reduced rent payable under the agreement because a service or facility ceases to be available for use by the tenant. Either party may apply to a tribunal for a decision about the amount payable. For an application about outgoings, the tribunal may, in addition to deciding the amount of the outgoings payable by the tenant, make an order requiring payment of the amount by the tenant. In deciding an amount payable by a tenant for outgoings for a water service charge, the tribunal must have regard to the following— relevant available information about water usage and charges for premises in the local government area in which the relevant premises are situated; the area of the relevant land; any terms of the agreement affecting the amount of water used; the presence or absence of water saving devices in the premises; the number of persons occupying the premises; the quantity of water for which the lessor should reasonably be liable; anything else the tribunal considers relevant. For an application about reduced rent, the tribunal may, as well as deciding the amount of the reduced rent payable under the agreement, make any order it considers appropriate about rent paid, or payable, under the agreement. (sec.169-ssec.1) This section applies if the lessor and tenant do not agree about— the amount of the lessor’s outgoings for a service charge payable by the tenant; or the amount of the reduced rent payable under the agreement because a service or facility ceases to be available for use by the tenant. (sec.169-ssec.2) Either party may apply to a tribunal for a decision about the amount payable. (sec.169-ssec.3) For an application about outgoings, the tribunal may, in addition to deciding the amount of the outgoings payable by the tenant, make an order requiring payment of the amount by the tenant. (sec.169-ssec.4) In deciding an amount payable by a tenant for outgoings for a water service charge, the tribunal must have regard to the following— relevant available information about water usage and charges for premises in the local government area in which the relevant premises are situated; the area of the relevant land; any terms of the agreement affecting the amount of water used; the presence or absence of water saving devices in the premises; the number of persons occupying the premises; the quantity of water for which the lessor should reasonably be liable; anything else the tribunal considers relevant. (sec.169-ssec.5) For an application about reduced rent, the tribunal may, as well as deciding the amount of the reduced rent payable under the agreement, make any order it considers appropriate about rent paid, or payable, under the agreement. - (a) the amount of the lessor’s outgoings for a service charge payable by the tenant; or - (b) the amount of the reduced rent payable under the agreement because a service or facility ceases to be available for use by the tenant. - (a) relevant available information about water usage and charges for premises in the local government area in which the relevant premises are situated; - (b) the area of the relevant land; - (c) any terms of the agreement affecting the amount of water used; - (d) the presence or absence of water saving devices in the premises; - (e) the number of persons occupying the premises; - (f) the quantity of water for which the lessor should reasonably be liable; - (g) anything else the tribunal considers relevant.