Subdiv 3Remedies for non-compliance with rules

Subdivision 3—Remedies for non-compliance with rules 20H—Failure to comply with rules (1) If a lessor fails, in any respect, to comply with the rules prescribed in Subdivision 2 and the lessee has, in the circumstances of the case, been prejudiced by the failure, the lessee— (a) may lodge a notice of dispute with the Commission setting out the lessee's grounds of complaint and applying for alternative dispute resolution; or (b) may apply to the Magistrates Court for orders resolving the dispute. (2) If a notice of dispute is lodged with the Commission under subsection (1)(a)— (a) the Commission (or a person appointed by the Commission to conduct alternative dispute resolution) will attempt to resolve the dispute by alternative dispute resolution; and (b) if the dispute is not resolved by alternative dispute resolution, the Commission must, on application by either party, refer the dispute to the Magistrates Court. (2a) The Commission may determine the form of alternative dispute resolution to be used for the purposes of subsection (2)(a). (3) On an application or reference under this section, the Court may make any order it considers appropriate to resolve the dispute. (4) In particular, the Court may— (a) order the lessor to renew or extend the lease, or to enter into a new lease with the lessee, on terms and conditions approved by the Court (but not to the prejudice of the rights of a third party who has in good faith acquired an interest in the premises); or (b) order the lessor to pay compensation (not exceeding 6 months' rent under the lease) to the lessee. (5) A fee prescribed by regulation is payable on lodging of a notice or an application under this section.