Residential Tenancies Amendment Act 2020

57 Section 109 amended (Unlawful acts)

(1)

Replace section 109(1) with:

(1)

Any of the following persons (A) may apply to the Tribunal for an order requiring any other person (B) to pay to A an amount in the nature of exemplary damages on the ground that B has committed an unlawful act:

(a)

a landlord:

(b)

a tenant:

(c)

the chief executive acting as the person responsible for the general administration of this Act or in the place of a landlord or a tenant under section 124A.

(2)

In section 109(2), replace “No application may be made under subsection (1) later than— ” with “A landlord or a tenant may not apply under subsection (1) later than— ”.

(3)

After section 109(2), insert:

(2A)

The chief executive may not apply under subsection (1) (whether acting as the person responsible for the general administration of this Act or in the place of a landlord or a tenant) later than 12 months after the date on which the chief executive first became aware of the unlawful act.

(4)

In section 109(3), replace “on such an application” with “on an application under subsection (1)”.

(5)

In section 109(4),—

(a)

replace “the first column” with “column 1”:

(b)

replace “the second column” with “column 3”.

(6)

In section 109(5), replace “acting on behalf of” with “acting in place of”.

(7)