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Residential Tenancies and Rooming Accommodation Act 2008
sec.416Dispute resolution request required before applying to tribunal
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### sec.416 Dispute resolution request required before applying to tribunal
The lessor or tenant under a residential tenancy agreement, or provider or resident under a rooming accommodation agreement, may apply under this Act to a tribunal about an issue only if the applicant has first made a dispute resolution request about the issue and—
the conciliation process has ended without a conciliated resolution having been reached, because—
the authority refuses to provide a conciliation service about the issue; or
a party refuses to participate, or continue to participate, in the conciliation process; or
the parties participate in the conciliation process but do not reach an agreement on resolving the dispute; or
a conciliated resolution is reached but the applicant reasonably believes the other party has breached the conciliation agreement.
This section does not apply to an urgent application.
See section 399 .
See section 406 .
(sec.416-ssec.1) The lessor or tenant under a residential tenancy agreement, or provider or resident under a rooming accommodation agreement, may apply under this Act to a tribunal about an issue only if the applicant has first made a dispute resolution request about the issue and— the conciliation process has ended without a conciliated resolution having been reached, because— the authority refuses to provide a conciliation service about the issue; or a party refuses to participate, or continue to participate, in the conciliation process; or the parties participate in the conciliation process but do not reach an agreement on resolving the dispute; or a conciliated resolution is reached but the applicant reasonably believes the other party has breached the conciliation agreement.
(sec.416-ssec.2) This section does not apply to an urgent application. See section 399 . See section 406 .
- (a) the conciliation process has ended without a conciliated resolution having been reached, because— (i) the authority refuses to provide a conciliation service about the issue; or (ii) a party refuses to participate, or continue to participate, in the conciliation process; or (iii) the parties participate in the conciliation process but do not reach an agreement on resolving the dispute; or
- (i) the authority refuses to provide a conciliation service about the issue; or
- (ii) a party refuses to participate, or continue to participate, in the conciliation process; or
- (iii) the parties participate in the conciliation process but do not reach an agreement on resolving the dispute; or
- (b) a conciliated resolution is reached but the applicant reasonably believes the other party has breached the conciliation agreement.
- (i) the authority refuses to provide a conciliation service about the issue; or
- (ii) a party refuses to participate, or continue to participate, in the conciliation process; or
- (iii) the parties participate in the conciliation process but do not reach an agreement on resolving the dispute; or
- 1 See section 399 .
- 2 See section 406 .