Residential Tenancies Act Section 420A Order by Tribunal if renter victim of family violence or pers

Order by Tribunal if renter victim of family violence or personal violence

(1) This section applies if—

(a) the Tribunal is hearing an application for the repayment of bond; and

(b) there is more than one renter under a residential rental agreement; and

(c) the Tribunal is satisfied, having regard to any matter it considers appropriate, that one of the renters is a victim of family violence or personal violence.

(2) For the purpose of subsection (1)(c), an applicant is not required to prove that a person has been convicted of an offence or is subject to a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order. (3) If satisfied that one of the renters is a victim of family violence or personal violence, the Tribunal may order that—

(a) liability is apportioned between renters, including making a renter who committed the family violence or personal violence liable for all of the residential rental provider's loss and damage including any unpaid rent (if any); and

(b) the portion of the bond paid by the renter who experienced family violence or personal violence is excluded from bond available to compensate the residential rental provider for loss and damage (if any).