80Recovery of amount for loss or damage

80 Recovery of amount for loss or damage (1) A landlord or tenant, or former landlord or tenant, who suffers loss or damage because of unconscionable conduct of another person that contravenes section 77 or 78 may recover the amount of the loss or damage by lodging a claim with the Tribunal against the other person. (2) The claim must be lodged within 6 years after the alleged unconscionable conduct occurred. (3) If the matter of the loss or damage arises in connection with proceedings in the Tribunal, the Tribunal may proceed to decide the matter and award a sum that it considers appropriate. Part 10—Dispute resolution Division 1—Retail tenancy disputes 81 Meaning of *retail tenancy dispute* (1) In this Part, ***retail tenancy dispute*** means a dispute between a landlord and tenant— (a) arising under or in relation to a retail premises lease to which— (i) this Act applies or applied because of Part 3; or (ii) the **Retail Tenancies Reform Act 1998** or the **Retail Tenancies Act 1986** applies or applied; or (b) arising under a provision of the **Retail Tenancies Reform Act 1998** or the **Retail Tenancies Act 1986** in relation to a lease to which that Act applies or applied; or (c) arising under a lease that provides for the occupation of retail premises in Victoria to which none of those Acts apply or applied— despite anything to the contrary in this Act (apart from subsection (2) and section 119(2)). If proceedings were in progress under the **Retail Tenancies Reform Act 1998** when this Act commenced, see section 119(2) (general transitional and savings). S. 81(1A) inserted by No. 62/2014 s. 55. (1A) In addition, a ***retail tenancy dispute*** includes— (a) a dispute between a landlord and a guarantor of a tenant's obligations under a lease arising in circumstances referred to in subsection (1)(a), (b) or (c); and (b) a dispute between a landlord and a person who has given an indemnity to the landlord for loss or damage arising as a result of a breach by a tenant of a lease in circumstances referred to in subsection (1)(a), (b) or (c). S. 81(2) amended by No. 82/2005 s. 34. (2) However, ***retail tenancy dispute*** does not include a dispute solely relating to the payment of rent or a dispute that is capable of being determined by a specialist retail valuer under section 34, 35 or 37 of this Act or under section 12A or 13A of the **Retail Tenancies Reform Act 1998** or section 10 or 11A of the **Retail Tenancies Act 1986**.