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Number 27 of 2004
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RESIDENTIAL TENANCIES ACT 2004
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ARRANGEMENT OF SECTIONS
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PART 1
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Preliminary and General
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Section
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1.
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Short title.
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2.
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Commencement.
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3.
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Application of Act.
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4.
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Interpretation generally.
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5.
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“relevant date”, “landlord”, “tenant”, “lease”, etc.
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6.
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Service of notices.
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7.
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Service or giving of notice on behalf of another.
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8.
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Regulations and orders.
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9.
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Offences.
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10.
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Repeal and revocation.
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11.
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Expenses.
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PART 2
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Tenancy Obligations of Landlords and Tenants
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Chapter 1
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Provisions regarding landlord's obligations
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12.
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Obligations of landlords.
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13.
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Section 12(1)(b): supplemental regulations.
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14.
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Prohibition on penalisation of tenants.
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15.
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Duty owed to certain third parties to enforce tenant's obligations.
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Chapter 2
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Provisions regarding tenant's obligations
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16.
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Obligations of tenants.
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17.
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Section 16: interpretation and supplemental.
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18.
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No contracting out from terms of section 12 or 16 permitted, etc.
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PART 3
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Rent and Rent Reviews
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19.
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Setting of rent above market rent prohibited.
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20.
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Frequency with which rent reviews may occur.
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21.
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Right to review of rent where none provided.
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22.
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Tenant to be notified of new rent.
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23.
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Proceedings for rent arrears.
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24.
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“Market rent”, references to rent reviews, etc.
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PART 4
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Security of Tenure
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Chapter 1
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Preliminary
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25.
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Non-application of Part.
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26.
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Greater security of tenure not affected.
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Chapter 2
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Statement of essential protection enjoyed by tenants
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27.
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Periods of occupancy before relevant date to be disregarded.
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28.
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Statutory protection — “Part 4 tenancy” — after 6 months occupation.
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29.
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“Part 4 tenancy” — meaning of that expression.
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30.
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Terms of Part 4 tenancy.
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31.
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Section 28 and 30: special cases.
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32.
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Further special case (sub-letting of Part 4 tenancy).
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Chapter 3
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Termination of Part 4 tenancy
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33.
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Restriction on termination by landlord.
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34.
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Grounds for termination by landlord.
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35.
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Table to section 34: interpretation and supplemental.
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36.
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Termination by tenant.
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37.
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Deemed termination by tenant.
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38.
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Effect of assignment of Part 4 tenancy.
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39.
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Termination on tenant's death.
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Chapter 4
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Additional statutory right — further Part 4 tenancy
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40.
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Interpretation (Chapter 4).
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41.
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Further Part 4 tenancy on expiry of 4 year period.
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42.
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Termination of additional rights.
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Chapter 5
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Successive further Part 4 tenancies may arise
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43.
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Purposes of Chapter.
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44.
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Construction of certain references.
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45.
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Further Part 4 tenancy to arise on expiry of previous tenancy.
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46.
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Terms of a further Part 4 tenancy.
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47.
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Application of Chapter 3 and section 42 to every further Part 4 tenancy.
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Chapter 6
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Rules governing operation of Part in cases of multiple occupants
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48.
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Interpretation (Chapter 6).
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49.
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General principle in relation to dwellings occupied by more
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50.
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Entitlement of multiple occupant to benefit from Part 4 tenancy.
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51.
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Act of one of multiple tenants cannot prejudice the other's or others' rights.
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52.
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Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.
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53.
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No separate Part 4 tenancy to arise in multiple tenant's favour.
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Chapter 7
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Miscellaneous
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54.
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No contracting out from terms of Part permitted.
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55.
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Protection under this Part and long occupation equity.
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56.
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Damages for abuse of section 34 termination procedure.
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PART 5
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Tenancy Terminations — Notice Periods and other Procedural Requirements
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Chapter 1
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Scope of Part and interpretation provisions
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57.
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Purpose of Part.
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58.
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Termination of tenancies restricted to means provided by this Part.
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59.
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Exclusion of existing rules and enactments.
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60.
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Greater notice periods not affected.
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61.
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Construction of certain references to periods of notice and duration of tenancies.
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Chapter 2
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What a valid notice of termination must contain
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62.
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Requirements for a valid notice of termination.
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63.
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Date to be specified for purposes of section 62(1)(f).
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64.
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Reference to and validity of date of service of notice of termination.
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Chapter 3
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Period of notice to be given
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65.
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What this Chapter does.
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66.
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Period of notice where section 67 or 68 is inapplicable.
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67.
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Period of notice for termination by landlord where tenant in default.
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68.
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Period of notice for termination by tenant where landlord in default.
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69.
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Exception to requirements of sections 66 to 68.
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Chapter 4
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Additional requirements and procedures where tenancy sub-let
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70.
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Notices of termination in cases of tenancies that are sub-let.
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71.
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Procedures on foot of service of notice mentioned in section 70 in non-contentious case.
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72.
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Procedures on foot of service of notice in cases not falling under section 71.
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Chapter 5
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Miscellaneous
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73.
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Notice of termination by multiple tenants.
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74.
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Offence to do certain acts on foot of invalid termination.
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PART 6
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Dispute Resolution
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Chapter 1
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Referral of matters to Board for resolution
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75.
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Interpretation (Part 6).
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76.
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Right of referral by parties to tenancy and certain other persons.
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77.
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Right of referral in respect of breach of duty under section 15.
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78.
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Particular matters that may be referred (non-exhaustive list).
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79.
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Different matters may be the subject of a single reference.
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80.
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Time limit for referring particular type of dispute.
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81.
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Tenancies and sub-tenancies: referral of disputes concerning their termination.
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82.
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Withdrawal of matter referred to Board.
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83.
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Board not to deal with reference if fee not paid or tenancy not registered.
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84.
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Further right of Board not to deal with certain references.
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85.
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Right of Tribunal or adjudicator not to deal with reference.
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86.
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Status of certain matters pending determination of dispute.
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87.
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Remedial action taken by party in certain cases to be disregarded.
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88.
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Extension of time for referring disputes to Board.
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Chapter 2
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Relationship between Part and certain other dispute resolution mechanisms
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89.
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Dispute subject of discontinued court proceedings may be subject of reference.
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90.
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Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.
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91.
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Dispute may not be referred to Board where alternative remedy is being pursued.
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Chapter 3
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Preliminary steps by Board (include power to refer matter to Tribunal)
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92.
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Initial steps that may be taken by Board to resolve matters referred.
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93.
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Invitation to parties to resolve matter through mediation.
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94.
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Exceptions to section 93: direct reference of matter to Tribunal, etc.
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Chapter 4
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Mediation and adjudication
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95.
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Mediation.
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96.
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Procedures to be followed on foot of Board's receipt of information under section 95(6).
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97.
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Adjudication.
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98.
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“Cooling-off” period for purposes of section 97(4)(b).
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99.
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Adjudicator's report.
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100.
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Appeal to Tribunal against adjudicator's determination.
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101.
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Provisions common to mediators and adjudicators.
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Chapter 5
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Tenancy Tribunal
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102.
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Tenancy Tribunals and the “Tribunal”.
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103.
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Membership of Tribunal, etc.
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Chapter 6
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Dispute resolution by Tribunal
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104.
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Determination of disputes by Tribunal: procedures generally.
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105.
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Provisions in relation to evidence, summoning of witnesses, etc.
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106.
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Proceedings to be in public.
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107.
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Adjournments of hearing.
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108.
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Determination by Tribunal of dispute and notification to Board.
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Chapter 7
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Supplementary procedural matters
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109.
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Power of Board to make procedural rules.
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110.
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Title to lands or property not to be drawn into question.
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111.
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Power to enter and inspect dwelling.
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112.
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Obligations of confidentiality.
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113.
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Offence of providing false information to Board.
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114.
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Certain proceedings and acts privileged.
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Chapter 8
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Redress that may be granted under this Part
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115.
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Redress that may be granted on foot of determination.
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116.
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Determination may require sub-tenancy to be quitted in certain cases.
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117.
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Redress of an interim nature may be granted.
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118.
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Discretion to refuse direction for possession.
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119.
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Certain directions to be given in the case of arrears of rent.
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120.
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Circumstances of landlord or tenant not to be taken account of in certain cases.
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Chapter 9
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Determination orders and enforcement generally
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121.
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Determination orders.
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122.
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Provision to ensure consistency between determinations.
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123.
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Binding nature of determination orders.
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124.
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Enforcement of determination orders.
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125.
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Cancellation of determination order in cases of nonappearance.
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126.
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Offence for failure to comply with determination order.
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PART 7
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Registration of Tenancies
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Chapter 1
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Private residential tenancies register
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127.
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Establishment of register.
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128.
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Published register.
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129.
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Inspection of published register.
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130.
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Register and published register may be kept in electronic form.
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131.
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Publication of aggregated details derived from register.
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132.
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Furnishing of entries in registers, etc.
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133.
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Confirmation to parties to tenancy as to particulars...
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