sec.389AOrders relating to misrepresentation

### sec.389A Orders relating to 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 381J (1) ; and the false or misleading information, that is the subject of the application, justifies terminating the rooming accommodation agreement. In deciding whether the false or misleading information justifies terminating the rooming accommodation agreement, the tribunal must have regard to— the extent to which the false or misleading information did any of the following— induced the resident to enter into the agreement; misrepresented the condition of the rental premises, the resident’s room or inclusions; misrepresented the services provided for the room; adversely affected the resident in exercising a right under this Act; adversely affected the resident’s quiet enjoyment of the resident’s room; and any adverse effects likely to be suffered by the resident 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 389A ins 2021 No. 19 s 83 (sec.389A-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 381J (1) ; and the false or misleading information, that is the subject of the application, justifies terminating the rooming accommodation agreement. (sec.389A-ssec.2) In deciding whether the false or misleading information justifies terminating the rooming accommodation agreement, the tribunal must have regard to— the extent to which the false or misleading information did any of the following— induced the resident to enter into the agreement; misrepresented the condition of the rental premises, the resident’s room or inclusions; misrepresented the services provided for the room; adversely affected the resident in exercising a right under this Act; adversely affected the resident’s quiet enjoyment of the resident’s room; and any adverse effects likely to be suffered by the resident or other persons if the agreement were not terminated. (sec.389A-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 381J (1) ; and - (b) the false or misleading information, that is the subject of the application, justifies terminating the rooming accommodation agreement. - (a) the extent to which the false or misleading information did any of the following— (i) induced the resident to enter into the agreement; (ii) misrepresented the condition of the rental premises, the resident’s room or inclusions; (iii) misrepresented the services provided for the room; (iv) adversely affected the resident in exercising a right under this Act; (v) adversely affected the resident’s quiet enjoyment of the resident’s room; and - (i) induced the resident to enter into the agreement; - (ii) misrepresented the condition of the rental premises, the resident’s room or inclusions; - (iii) misrepresented the services provided for the room; - (iv) adversely affected the resident in exercising a right under this Act; - (v) adversely affected the resident’s quiet enjoyment of the resident’s room; and - (b) any adverse effects likely to be suffered by the resident or other persons if the agreement were not terminated. - (i) induced the resident to enter into the agreement; - (ii) misrepresented the condition of the rental premises, the resident’s room or inclusions; - (iii) misrepresented the services provided for the room; - (iv) adversely affected the resident in exercising a right under this Act; - (v) adversely affected the resident’s quiet enjoyment of the resident’s room; and