s 71AD

Tenant may apply to ACAT for review of refusal—other modifications

In force

(1)

This section applies if—

(a)

a tenant makes an application under section 71AB (2) for the lessor’s consent to renovate, or make an alteration or addition to, premises; and

(b)

the renovation, alteration or addition is not a special modification; and

(c)

the lessor refuses to consent to the application.

(2)

The tenant may apply to the ACAT for an order that the lessor unreasonably refused to consent to the application.

(3)

The ACAT must—

(a)

approve the tenant’s application; or

(b)

refuse the tenant’s application; or

(c)

order that the lessor consent to the tenant’s application but impose stated conditions on the consent.

Example—par (c) the work be undertaken by a qualified tradesperson

(4)

In making a decision under subsection (3), the ACAT must consider—

(a)

whether the modification—

(i)

would cause the lessor to suffer significant hardship; and

(ii)

would be contrary to a territory law; and

(iii)

is likely to require modifications to other residential premises or common areas; and

(iv)

would result in additional maintenance costs for the lessor; and

(v)

is otherwise reasonable in the circumstances; and

(b)

any other matter prescribed by regulation.

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