Residential Tenancies Amendment Act 2020

68 Section 124A amended (Chief executive may take proceedings as if tenant)

(1)

In the heading to section 124A, replace “as if tenant” with “in place of tenant or landlord”.

(2)

Replace section 124A(1) with:

(1)

The chief executive may, if satisfied that it is in the public interest to do so on any of the grounds listed in subsection (2), do any of the following in relation to a tenancy as if the chief executive were a party to the tenancy:

(a)

initiate any proceedings in the Tribunal or a court that could be brought by the party:

(b)

defend any proceedings in the Tribunal or a court that are brought against the party:

(c)

assume the conduct of any proceedings in the Tribunal or a court brought by or against the party:

(d)

take any steps that are necessary to enforce or protect the rights of the party in relation to any infringement or suspected infringement of any of those rights under the tenancy agreement or this Act.

(3)

In section 124A(2)(b), replace “the landlord” with “the tenant or the landlord”.

(4)

In section 124A(2)(c), replace “the landlord” with “the tenant or the landlord”.

(5)

Replace section 124A(3) with:

(3)

The chief executive may act in the place of a party under subsection (1)—

(a)

without the consent of the party:

(b)

despite the party’s refusal to consent:

(c)

even if the tenancy has terminated.