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Residential Tenancies and Rooming Accommodation Act 2008
sec.347BMisrepresentation
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### sec.347B Misrepresentation
If an application is made to the tribunal for a termination order because of misrepresentation, the tribunal may make the order if satisfied—
the applicant has established the grounds for making the application under section 312A (1) ; and
the false or misleading information, that is the subject of the application, justifies terminating the residential tenancy agreement.
In deciding whether the false or misleading information justifies terminating the residential tenancy agreement, the tribunal must have regard to—
the extent to which the false or misleading information did any of the following—
induced the tenant to enter into the agreement;
misrepresented the condition of the premises or inclusions;
misrepresented the services provided for the premises;
adversely affected the tenant in exercising a right under this Act;
adversely affected the tenant’s quiet enjoyment of the premises; and
any adverse effects likely to be suffered by the tenant or other persons if the agreement were not terminated.
In deciding the application, the tribunal may have regard to any other matter the tribunal considers relevant.
s 347B ins 2021 No. 19 s 71
(sec.347B-ssec.1) If an application is made to the tribunal for a termination order because of misrepresentation, the tribunal may make the order if satisfied— the applicant has established the grounds for making the application under section 312A (1) ; and the false or misleading information, that is the subject of the application, justifies terminating the residential tenancy agreement.
(sec.347B-ssec.2) In deciding whether the false or misleading information justifies terminating the residential tenancy agreement, the tribunal must have regard to— the extent to which the false or misleading information did any of the following— induced the tenant to enter into the agreement; misrepresented the condition of the premises or inclusions; misrepresented the services provided for the premises; adversely affected the tenant in exercising a right under this Act; adversely affected the tenant’s quiet enjoyment of the premises; and any adverse effects likely to be suffered by the tenant or other persons if the agreement were not terminated.
(sec.347B-ssec.3) In deciding the application, the tribunal may have regard to any other matter the tribunal considers relevant.
- (a) the applicant has established the grounds for making the application under section 312A (1) ; and
- (b) the false or misleading information, that is the subject of the application, justifies terminating the residential tenancy agreement.
- (a) the extent to which the false or misleading information did any of the following— (i) induced the tenant to enter into the agreement; (ii) misrepresented the condition of the premises or inclusions; (iii) misrepresented the services provided for the premises; (iv) adversely affected the tenant in exercising a right under this Act; (v) adversely affected the tenant’s quiet enjoyment of the premises; and
- (i) induced the tenant to enter into the agreement;
- (ii) misrepresented the condition of the premises or inclusions;
- (iii) misrepresented the services provided for the premises;
- (iv) adversely affected the tenant in exercising a right under this Act;
- (v) adversely affected the tenant’s quiet enjoyment of the premises; and
- (b) any adverse effects likely to be suffered by the tenant or other persons if the agreement were not terminated.
- (i) induced the tenant to enter into the agreement;
- (ii) misrepresented the condition of the premises or inclusions;
- (iii) misrepresented the services provided for the premises;
- (iv) adversely affected the tenant in exercising a right under this Act;
- (v) adversely affected the tenant’s quiet enjoyment of the premises; and