Housing improvement tenancy disputes
On 3 April 2017, SACAT was conferred jurisdiction under the Housing Improvement Act 2016.
The Act confers jurisdiction on SACAT to deal with housing improvement tenancy disputes. They will occur in the following situations:-
- An application by a property owner seeking an order requiring a co-owner to contribute to costs and expenses incurred in carrying out orders made under the Act (section 20);
- An application seeking an order for ejectment of someone living on the premises where an order to vacate has been made under the Act (section 23(1));
- An application by a tenant for compensation where the tenant is being required to vacate premises because of an order to vacate made under the Act (section 23(2));
- If the Tribunal makes an order for ejectment and the occupier does not leave, the Tribunal may make an order directing that the bailiff may enforce the ejectment order (section 24(1));
- Where a rent control order or notice has been made under the Act, and the landlord issues a notice of termination or variation, either the landlord or tenant may apply to the Tribunal for confirmation of the notice, an order for termination and possession or an order for variation, but the Tribunal may make an order to set aside the notice and reinstating the tenancy and compensating the tenant (section 30);
- Where there has been a rent control order or notice made under the Act or where the Tribunal has made a decision under the Act; an application may be made to SACAT by an owner or occupier if a person is causing or may cause serious damage to the property or is failing to carry out their duty under Part 4 of the Act (to make sure that the premises are safe and suitable for human habitation) and the Tribunal may make a restraining order (section 39(1));
- The Tribunal also has power to exempt premises from the application of certain provisions in the Act (section 50).
Applications of this kind are handled by SACAT’s Housing & Civil Stream.
What if I want to challenge a decision made by the Housing Improvement Branch?
Further information about making an application to SACAT to challenge a decision made by the Housing Improvement Branch may be found here.
Before applying to SACAT you must:
- Make sure you are making the correct application.
- Ensure you are ready to pay the required fee for making an application.
How to apply:
Click here to start an online application.
A filing fee will apply for this type of application. Payment can be made online by credit card at the time of completing the online form, or by using one of the other options outlined in the payment section of the online form.
Click here to see a list of current fees and information about payment methods and concessions.