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VIC: Residential Tenancies Act Section 498ZZHA What is reasonable and proportionate

Writer: David WoolfallDavid Woolfall

What is reasonable and proportionate For the purposes of determining whether it is reasonable and proportionate to make a possession order, the Tribunal must have regard to the following—

(a) whether the matter giving rise to the possession order is trivial;

(b) whether the matter giving rise to the possession order was caused by a person other than the SDA resident;

(c) as the case requires, the behaviour of the SDA provider or the SDA provider's agent;

(d) the interests of other SDA residents living in the SDA enrolled dwelling;

(e) whether suitable alternative accommodation is likely to be available for the SDA resident's use;

(f) whether an order other than a possession order can be made;

(g) whether another course of action is reasonably available;

(h) any other matter the Tribunal considers relevant.


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