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Residential Tenancies and Rooming Accommodation Act 2008
sec.427Dispute about providers’ notices
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### sec.427 Dispute about providers’ notices
This section applies if a provider gives to a resident—
a notice under section 368 requiring the resident to remedy a breach; or
a notice requiring the resident to leave the rental premises; or
a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room.
See section 256D for the requirements of a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room.
If the resident disputes the ground stated in the notice, the resident may apply to a tribunal for an order about the notice.
If the tribunal is satisfied the provider was not entitled to give the notice on the ground stated, it may make an order under this section.
If the tribunal decides the application before the agreement ends, it may make any order it considers appropriate.
If the tribunal decides the application after the agreement is ended because of the provider’s action, it may make an order requiring the provider to pay to the resident an amount it considers appropriate as compensation for any loss or expense incurred by the resident for having to leave the rental premises.
s 427 amd 2021 No. 19 s 86
(sec.427-ssec.1) This section applies if a provider gives to a resident— a notice under section 368 requiring the resident to remedy a breach; or a notice requiring the resident to leave the rental premises; or a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room. See section 256D for the requirements of a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room.
(sec.427-ssec.2) If the resident disputes the ground stated in the notice, the resident may apply to a tribunal for an order about the notice.
(sec.427-ssec.3) If the tribunal is satisfied the provider was not entitled to give the notice on the ground stated, it may make an order under this section.
(sec.427-ssec.4) If the tribunal decides the application before the agreement ends, it may make any order it considers appropriate.
(sec.427-ssec.5) If the tribunal decides the application after the agreement is ended because of the provider’s action, it may make an order requiring the provider to pay to the resident an amount it considers appropriate as compensation for any loss or expense incurred by the resident for having to leave the rental premises.
- (a) a notice under section 368 requiring the resident to remedy a breach; or
- (b) a notice requiring the resident to leave the rental premises; or
- (c) a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room. Note— See section 256D for the requirements of a notice informing the resident of the provider’s refusal to approve the resident keeping a pet in the resident’s room.