Page 633 - Week 02 - Thursday, 21 February 2019

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(c) if the commissioner considers that the premises do not comply with a minimum housing standard—must state any proposed rectification work and the proposed timing for completion of the work; and

(d) must state that the tenant may—

(i) apply to the ACAT for an order under section 35L if the tenant—

(A) disagrees with the report in relation to whether the premises comply with the stated minimum housing standard; or

(B) considers that any proposed rectification work or proposed timing for completion of the work is unsatisfactory; or

(ii) if rectification work is proposed—ask the commissioner to investigate under section 35J whether the lessor has completed proposed rectification work within the proposed time for completion of the work.

35I Minimum housing standards—commissioner for fair trading may investigate on own initiative

(1) The commissioner for fair trading may, without being asked by a tenant, investigate whether a lessor has failed to ensure that premises comply with the minimum housing standards.

(2) However, the commissioner may only enter the premises with the tenant’s written consent.

(3) 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.

(4) The report—

(a) must state any minimum housing standard that the commissioner considers is not complied with; and

(b) if the commissioner considers that the premises do not comply with a minimum housing standard—must state any proposed rectification work and the proposed timing for completion of the work; and

(i) apply to the ACAT for an order under section 35L if the tenant—

(A) disagrees with the report in relation to whether the premises comply with the stated minimum housing standard; or

(B) considers that any proposed rectification work or proposed timing for completion of the work; or

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