Residential Tenancy Act 1997
36AOrder for repairs
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36A Order for repairs
[Section 36A Inserted by No. 67 of 2003, s. 15, Applied:05 Mar 2004] [Section 36A Substituted by No. 45 of 2013, s. 18, Applied:01 Oct 2014]
(1) A tenant may apply to the Commissioner for an order that repairs under this Division that the owner is required under this Division to carry out, or to arrange for the carrying out of, are carried out.
(2) An application is to be accompanied by the prescribed fee.
(3) The Commissioner may, if he or she thinks fit, conduct a hearing in relation to an application for an order under this section.
(4) The Commissioner may order an owner to ensure that reasonable repairs in relation to premises (including repairs of essential services) are carried out, if satisfied that –
(a) the owner is required under this Division to carry out, or to arrange for the carrying out of, the repairs; and
(b) the repairs are reasonable; and
(c) the repairs are not required because of any fault of the tenant.
(5) If the Commissioner has determined an application made under subsection (1) in respect of premises, the owner or a tenant in respect of the premises may apply to the Court for a determination as to whether the owner is required under this Division to carry out, or to arrange for the carrying out of, repairs under this Division.
(6) An application may only be made under subsection (5) by a tenant or owner within the period of 60 days after the tenant or owner is notified of the determination of the Commissioner in respect of the matter to which the application relates.
(7) If an application is made under subsection (5) in respect of premises –
(a) any order made by the Commissioner under this section in relation to the premises is of no effect, unless the application is withdrawn; and
(b) the Court is to determine the application as if the Commissioner had not made a determination under this section in relation to the matter to which the application relates and as if a reference in to the Commissioner were a reference to the Court.