Page 632 - Week 02 - Thursday, 21 February 2019
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35E Premises must comply with minimum housing standards
A lessor must ensure that premises the subject of a residential tenancy agreement comply with the minimum housing standards.
35F Minimum housing standards—tenant may give rectification notice
A tenant may give a lessor a written notice (a rectification notice) requiring the lessor to ensure that the premises comply with a stated minimum housing standard.
35G Minimum housing standards—tenant may ask commissioner for fair trading to investigate
(1) This section applies if—
(a) a tenant gives a lessor a rectification notice; and
(b) the lessor does not comply with the notice within—
(i) 90 days after the day the notice was given; or
(ii) any later period agreed by the parties in writing.
(2) The tenant may ask the commissioner for fair trading in writing to investigate whether the lessor has failed to ensure that the premises comply with the stated minimum housing standard.
(3) The tenant must give the commissioner—
(a) a copy of the rectification notice given to the lessor; and
(b) any material in the tenant’s possession relevant to the rectification notice.
Examples—par (b)
1 copy of correspondence with lessor
2 photographs of premises or incomplete rectification work
35H Minimum housing standards—commissioner for fair trading must investigate if asked by tenant
(1) The commissioner for fair trading must investigate if asked by a tenant under section 35G (2).
(2) The commissioner—
(a) must give a written report of the commissioner’s investigation to the tenant and the lessor; and
(b) if the commissioner considers that the premises do not comply with a minimum housing standard—
(i) may negotiate with the tenant and the lessor to reach an agreement about rectification work and the timing for completion of the work; or
(ii) if the tenant and the lessor cannot reach an agreement—must propose rectification work, and the timing for completion of the work, reasonably required to ensure the premises comply with the minimum housing standard.
(3) The report—
(a) must state whether the commissioner considers that the premises comply with the stated minimum housing standard; and
(b) may state any other minimum housing standard that the commissioner considers is not complied with; and
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