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VIC: Residential Tenancies Act Section 498ZS Orders of Tribunal

Writer: David WoolfallDavid Woolfall

Orders of Tribunal

(1) In the case of an application under section 498ZQ, if the Tribunal is satisfied that the person was entitled to give the notice and the notice was not complied with, it may make any or all of the following orders—

(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.

(2) In the case of an application under section 498ZQ, if the Tribunal is satisfied that compensation should be paid it may make an order directing a person to pay compensation as specified in the order.

(2A) In the case of an application under section 498ZQ, if after considering the matters specified in section 498ZR(2), the Tribunal is not satisfied that an SDA provider was entitled to give the breach of duty notice, the Tribunal must dismiss the application and declare the notice to be invalid. (3) If an order for compensation is made in favour of an SDA resident, the order may specify that the compensation be in the form of a refund or reduction of the rent payable by the SDA resident.

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