Page 634 - Week 02 - Thursday, 21 February 2019
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(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.
35J Minimum housing standards—tenant may ask commissioner for fair trading to investigate completion of work
(1) This section applies if—
(a) a tenant is given a report under section 35H or section 35I; and
(b) if the report proposes rectification work—the tenant considers that the lessor has not completed the work within the proposed time for completion of the work.
(2) The tenant may ask the commissioner for fair trading in writing to investigate whether the lessor has completed proposed rectification work within the proposed time for completion of the work.
(3) The commissioner must investigate if asked by a tenant under subsection (2).
(4) If the commissioner investigates and is satisfied that the lessor has not completed proposed rectification work within the proposed time for completion of the work, the commissioner must—
(a) apply to the ACAT for an order under section 35L; and
(b) consult with the tenant about the ACAT order to be applied for by the commissioner.
35K Minimum housing standards—tenant may apply to ACAT if dissatisfied with report
(1) This section applies if—
(a) a tenant is given a report under section 35H or section 35I; and
(b) the tenant—
(i) disagrees with the report in relation to whether the premises comply with a stated minimum housing standard; or
(ii) considers that any proposed rectification work or proposed time for completion of the work is unsatisfactory.
(2) The tenant may apply to the ACAT for an order under section 35L within 60 days after the day the tenant is given the report.
35L Minimum housing standards—orders by ACAT
(1) This section applies if a tenant or the commissioner for fair trading has applied for an order under this part.
(2) The ACAT may make 1 or more of the following orders:
(a) an order requiring the lessor to ensure that the premises comply with a stated minimum housing standard within a stated period;
(b) an order requiring payment of all or part of the rent payable under the residential tenancy agreement into the ACAT until the premises comply with the stated minimum housing standard;
(c) an order directing payment out of any amount paid into the ACAT, as appropriate;
(d) an order for the reduction in the rent payable under a residential tenancy agreement until the premises comply with the stated minimum housing standard;
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