Resident has duty to permit entry
140 Resident has duty to permit entry
A resident of a rooming house has a duty to permit a person exercising a right of entry in accordance with this Division to enter the room.
Note to s. 140 inserted by No. 45/2018 s. 116.
Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
141 What if damage is caused during entry?
S. 141(1) substituted by No. 45/2018 s. 117.
A resident of a rooming house may apply to the Tribunal for an order for compensation if, when the rooming house operator, or that person's agent, exercises a right of entry under section 136 any person causes damage to or loss of the resident's goods in the room.
If an application is made under subsection (1), the Tribunal—
may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the resident's goods in the room; or
may refuse to make an order.
142 What if a person exercising right of entry fails to comply with Division?
S. 142(1) amended by No. 45/2018 s. 359(3).
If the rooming house operator or the rooming house operator's agent has exercised a right of entry and in doing so fails to comply with this Division, the resident may apply to the Tribunal for an order restraining the rooming house operator and the rooming house operator's agent from exercising a right of entry under section 136 for a specified period.
If an application is made under subsection (1), the Tribunal—
S. 142(2)(a) amended by No. 45/2018 s. 359(4).
may make an order prohibiting the rooming house operator or the rooming house operator's agent from exercising a right of entry under section 136 (except for a purpose set out in section 137(c) or (d)) during the period specified in the order if it is satisfied that it is reasonable to do so; or
may refuse to make an order.
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