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(a) specify the breach; and
(b) give details of the loss or damage, if any, caused by the breach; and (c) require the person, within the required time after receiving the notice—
(i) to remedy the breach if possible; and
(ii) to compensate the person to whom the duty is owed, if the breach has resulted in loss or damage to that person; and
(d) state that the person in breach must not commit a similar breach again; and
(e) state that if the notice is not complied with—
(i) an application for compensation or a compliance order may be made to the Tribunal; or
(ii) if section 91ZF or 207U (as the case requires) applies, a notice of intention to vacate may be given; or
(iii) if section 91ZP, 142ZH, 206AX or 207ZB (as the case requires) applies, a notice to vacate may be given; and
(f) be in writing; and
NoteSection 506(1)(da) provides that a document to be served on or given to a person under this Act may be served or given by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
(g) be addressed to the person allegedly in breach of the duty or his or her agent; and
(h) be signed by the person to whom the duty is owed or by that person's agent.
(a) the renter has arranged for urgent repairs to be conducted at rented premises in accordance with section 72(1); and (b) the renter has given written notice to the residential rental provider of—
(i) the urgent repairs; and (ii) the cost of the urgent repairs; and
(c) the residential rental provider has not reimbursed the renter for the cost of the urgent repairs within 7 days after receiving written notice referred to in paragraph (b).
(a) the resident has arranged for urgent repairs to be conducted at a room or a rooming house in accordance with section 129(1); and (b) the resident has given written notice to the rooming house operator of—
(i) the urgent repairs; and (ii) the cost of the urgent repairs; and
(c) the rooming house operator has not reimbursed the resident for the cost of the urgent repairs within 7 days after receiving written notice referred to in paragraph (b).
(a) the resident has arranged for urgent repairs to be conducted to a caravan in accordance with section 188(1) or at a site in accordance with section 188A; and (b) the resident has given written notice to the caravan owner, or the caravan park owner, as the case requires, of—
(i) the urgent repairs; and (ii) the cost of the urgent repairs; and
(c) the caravan owner or the caravan park owner, as the case requires, has not reimbursed the resident for the cost of the urgent repairs within 7 days after receiving written notice referred to in paragraph (b).
(a) the site tenant has arranged for urgent repairs to be conducted at a Part 4A site in accordance with section 206ZZAA(1); and (b) the site tenant has given written notice to the site owner of—
(i) the urgent repairs; and (ii) the cost of the urgent repairs; and
(c) the site owner has not reimbursed the site tenant for the cost of the urgent repairs within 7 days after receiving written notice referred to in paragraph (b).
The Tribunal must hear an application under section 209 within 5 business days after the application is made if the application relates to—
(a) a breach of section 89 in relation to a right of entry for a purpose set out in section 86(1)(b); or
(b) a breach of section 140 in relation to a right of entry for a purpose set out in section 137(b); or
(c) a breach of section 204 in relation to a right of entry for a purpose set out in section 201(b); or
(d) a breach of section 206ZZM in relation to a right of entry for a purpose set out in section 206ZZJ(b).
(a) a renter, on the basis that the renter suffered loss or damage because the residential rental provider or that person's agent has contravened section 30A, 64(1B)(c) or 81; (b) a resident, on the basis that the resident suffered loss or damage because—
(i) the rooming house operator, or that person's agent, failed to comply with section 94F or 115(2); or (ii) the caravan park owner, the caravan owner, or that person's agent, has contravened section 145B or 171B;
(c) a site tenant, on the basis that the site tenant suffered loss or damage because the site owner, or that person's agent—
(i) has contravened section 206JC or 206ZMB; or (ii) has unreasonably withheld consent under section 206ZZD(2) or 206ZZE(2) on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010.
(a) the other party failed to comply with the residential rental agreement or that party's duties under this Act relating to the residential rental agreement; or
(b) the applicant has paid to the other party more than the applicant is required to pay in accordance with this Act or the residential rental agreement.
(a) to a duty under a duty provision or section 66; or (b) if a residential rental provider has given a renter a notice to vacate under section 91ZM.
If a rooming house operator fails to comply with section 94B, 529 or 531 in relation to a resident, the resident may apply to the Tribunal for an order under section 212(2A).
(a) the other party failed to comply with the site agreement or that party's duties under this Act relating to the site agreement; or (b) the applicant has paid to the other party more than the applicant is required to pay in accordance with this Act or the site agreement.
The Tribunal, in hearing an application under section 209, 209AAB, 210AA, 210, 210A or 210B, may take into account—
(a) whether or not the person from whom compensation is claimed has taken all reasonable steps to comply with the duties under this Act or under the residential rental agreement or site agreement in respect of which the claim is made; and
(b) in the case of a breach of a residential rental agreement, whether or not the applicant has consented to the failure to comply with the duties in respect of which the claim is made; and
(ba) in the case of a site agreement—
(i) the remaining term of the site agreement; (ii) the costs of finding an alternative Part 4A site or entering into a new site agreement; (iii) the costs for the relocation of the Part 4A dwelling, including the costs of disassembly, transport and reassembly of the Part 4A dwelling; (iv) the costs of disposing of the Part 4A dwelling; (v) any other prescribed matters; and
(c) whether or not money has been paid to or recovered by the applicant by way of compensation, including money recovered or entitled to be recovered from the bond; and (d) whether any reduction or refund of rent or other allowance has been made to the applicant; and (e) whether or not action has been taken by the applicant to mitigate the loss or damage; and (f) any offer of compensation; and
(g) if a claim is made with respect to damage to property, any action taken by the person from whom compensation is claimed to repair the damage at that person's own expense; and
(h) whether a renter who was required to give written notice under section 72AA gave that notice; and
(i) if applicable, the matters referred to in section 211A.
(a) rented premises under a residential rental agreement; and (b) a rooming house, including a room or common areas of the rooming house; and (c) a caravan park, caravan or movable dwelling; and (d) a Part 4A park or a Part 4A site.
(a) the Uniform Capital Allowance System; or (b) any other prescribed scale.
(a) determine advertising costs and reletting fees (if any) incurred by the residential rental provider or the site owner (as the case requires) on a basis that is proportionate to the actual cost of securing the renter or the site tenant; and
ExampleA renter has lived in rented premises under a residential rental agreement, on terms including a 12 month fixed term, rent of $500 per week and a reletting fee of $500. The renter notifies the property manager that the renter will terminate the rental agreement 6 months before the end of the fixed term. The property manager advertises the rented premises for rent immediately and finds a new renter. The advertising costs were $250. The new renter enters the premises one week after the previous renter vacates the premises. The residential rental provider's costs of advertising and reletting fees are $1000, which is the sum of one week's rent ($500), the reletting fee pro-rated for 6 months of the unexpired term of the agreement ($250) and advertising costs ($250).
(b) determine the amount of compensation for loss of rent (if any) by taking into account what loss could reasonably have been mitigated by the residential rental provider or the site owner (as the case requires) by promptly reletting the rented premises or the Part 4A site; and (c) have regard to any severe hardship the renter or the site tenant would have been expected to suffer due to an unforseen change in circumstances, if the residential rental agreement or site agreement had continued; and (d) not award any compensation for loss of future rent to the residential rental provider, or the site owner (as the case requires), if the residential rental provider or the site owner served a notice to vacate on the renter or the site tenant, unless the notice was served because the renter or the site tenant terminated or repudiated the residential rental agreement or the site agreement; and (e) determine compensation payable after a renter or a site tenant has given the residential rental provider or the site owner a notice of intention to vacate under section 91ZB, 91ZC or 207S.
NoteSection 91ZH applies to advanced payments of rent by a renter to a residential rental provider after the rented premises have been abandoned by the renter.
The Tribunal must consider the Director's guidelines when hearing an application under section 209, 209AAB, 210, 210AA, 210A or 210B.
(a) the person in breach must remedy the breach as specified in the order; (b) the person in breach must pay compensation as specified in the order; (c) the person in breach must refrain from committing a similar breach.
(a) the party in breach must remedy the breach as specified in the order; (b) the party in breach must pay compensation as specified in the order; (c) the party in breach must refrain from committing a similar breach.
(a) the Tribunal may make an order requiring the rooming house operator to comply with that provision; and
(b) if the Tribunal is satisfied that compensation should be paid it may make an order directing the rooming house operator to pay compensation as specified in the order.
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(a) make a determination of the amount of rent owing to the residential rental provider, rooming house operator, caravan park owner or site owner or, in the case of a caravan owner, the amount of hiring charge owing to the caravan owner, at the date of the application; and
(b) make a determination directing the Authority, on termination of the residential rental agreement or site agreement or when the residency right ends, to pay out an amount of bond to or on account of the residential rental provider, rooming house operator, caravan park owner, site owner or caravan owner (as the case requires) in respect of the rent or hiring charge owing.
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(a) the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for a 12 month period from the day of the termination of the site agreement; or (b) the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the period from the day of the termination of the site agreement until the day the Part 4A site is occupied by another site tenant or other occupant; or (c) the rent that would have been payable by the site tenant under the site agreement, if the site agreement had not been terminated, for the remaining term of the site agreement.
If a party to a residential rental agreement or site agreement is convicted of an offence against this Act, the court before which that person is convicted may, on application by the other party to the residential rental agreement or site agreement (as the case requires), order the first party to pay to the applicant compensation for loss or damage suffered by the applicant because of the commission of that offence.
(a) the caravan park owner or site owner is not the owner of the land on which the caravan park or Part 4A park is located; and (b) the closure of the park is due to the expiry of a head lease of that land.
(a) in relation to a caravan park, a notice to vacate—
(i) under section 311A; or (ii) on and from the repeal of Part 6, under section 206AZA; and
(b) in relation to a Part 4A park, a notice to vacate—
(i) under section 317ZDA; or (ii) on and from the repeal of Part 6, under section 207ZE.
(a) the notice to vacate has been validly given; and (b) in the case of a caravan park closure, the parties entitled to compensation are eligible residents; and (c) in the case of a Part 4A park closure, the parties entitled to compensation are eligible site tenants; and (d) the caravan park owner or site owner is the owner of the land and the closure is not due to the expiry of a head lease.
(a) is to be relocated by the eligible resident or eligible site tenant; or (b) is not to be, or is unable to be, relocated by the eligible resident or eligible site tenant.
(a) removing the dwelling from the site, including disconnection of services; (b) transporting the dwelling and contents to a new site; (c) installation of the dwelling at the new site (which is not to include any costs of landscaping the new site); (d) any other matter the Tribunal considers relevant.
(a) the cost of any repair or damage to the dwelling resulting from the relocation of the dwelling, other than damage due to the negligence of any person engaged by the owner of the dwelling to dismantle, transport or relocate that dwelling; (b) any reasonable costs that were reasonably incurred as a result of the relocation of the dwelling and its contents.
(a) if the eligible resident or eligible site tenant has agreed to transfer ownership of the dwelling, free of encumbrances, to the caravan park owner or the site owner (as the case requires), the loss of residency, being a reasonable amount calculated having regard to the following—
(i) the original purchase price paid for the dwelling by the eligible resident or eligible site tenant; (ii) the current on-site market value of the dwelling determined as if the closure were not to occur; (iii) the rent and any other fees for the site payable by the eligible resident or eligible site tenant; (iv) any other prescribed matter; and
(b) the likely reasonable costs of removing the contents from the dwelling and the relocation costs of the eligible resident or eligible site tenant, being a reasonable amount calculated having regard to the following—
(i) the costs of removal of the possessions of the eligible resident or eligible site tenant; (ii) the likely inconvenience to the eligible resident or eligible site tenant due to having to arrange alternative residential accommodation; (iii) the length of time the eligible resident or eligible site tenant has occupied the site; (iv) any other matter the Tribunal considers relevant.
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