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34(d) if entry is pursuant to section 86(1)(g), and the landlord has been given the nameand contact details required under that paragraph, state the name of the excluded tenant'srepresentative (if any).89 Tenant has duty to permit entryA tenant has a duty to permit a person exercising a right of entry in accordance with this Division toenter the rented premises.90 What if damage is caused during entry?(1) A tenant may apply to the Tribunal for an order for compensation if the landlord orthe landlord's agent or a person accompanying them causes damage to the tenant's goods on therented premises when exercising a right of entry under section 85.(2) If an application is made under subsection (1), the Tribunal—(a) may make an order for payment of any compensation that it thinks fit if it is satisfiedthat damage was caused to the tenant's goods on the rented premises; or(b)may refuse to make an order.91 What if a person exercising right of entry fails to comply with Division?(1) If the landlord or the landlord's agent has exercised a right of entry and in doing sofails to comply with this Division, the tenant may apply to the Tribunal for an order restraining thelandlord and the landlord's agent from exercising a right of entry under section 85 for a specifiedperiod.(2) If an application is made under subsection (1), the Tribunal—(a) may make an order prohibiting the landlord and the landlord's agent from exercisinga right of entry under section 85 (except for a purpose set out in section 86(1)(c) or (e)) during theperiod specified in the order if it is satisfied that it is reasonable to do so; or(b)91Amay refuse to make an order.Offence relating to entering rented premisesA landlord or a landlord's agent must not, without reasonable excuse, enter rented premisesotherwise than in accordance with this Division.5 penalty units.229 Offence to obtain possession etc. of premisesAshling Gandy v Australia, Individual Communication to the Human Rights Committee
35(1) A landlord or a person acting on behalf of a landlord must not, except in accordancewith this Act—(a) require or compel or attempt to compel the tenant under the tenancy agreement tovacate the rented premises; or(b) obtain or attempt to obtain possession of the rented premises by entering them,whether the entry is peaceable or not.20 penalty units.s. 255255 Repairs(1) A landlord may give a tenant a notice to vacate rented premises if—(a)the landlord intends to repair, renovate or reconstruct the premises—(i) in the case of a building owned by a landlord containing 5 or more rented premises,immediately after the last tenant vacates; orand(ii)(b)in any other case, immediately after the termination date; andthe landlord has obtained all necessary permits and consents to carry out the work;(c)premises.the work cannot be properly carried out unless the tenant vacates the rented(2) The notice must specify a termination date that is not less than 60 days after thedate on which the notice is given.256 Demolition(1) A landlord may give a tenant a notice to vacate rented premises if—(a)the landlord intends to demolish the premises—(i) in the case of a building owned by a landlord containing 5 or more rented premises,immediately after the last tenant vacates; or(ii)(b)premises.in any other case, immediately after the termination date; andthe landlord has obtained all necessary permits and consents to demolish the(2) The notice must specify a termination date that is not less than 60 days after thedate on which the notice is given.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
Page 1: 1INDIVIDUAL COMMUNICATION TO THE UN
Page 4 and 5: 4Part 11.1 SummaryThe Author, her h
Page 6 and 7: 6At or just after this time, Mr Bar
Page 8 and 9: 81.2.2 Attempts to seek assistanceV
Page 10 and 11: 10“I consider the criminal act to
Page 12 and 13: 12claim- Judgment entered in favour
Page 14: 14Civil ProceedingsThe Author was u
Page 17 and 18: 17Article 2 of the ICCPR requires a
Page 19 and 20: 19requirements as to notice) with w
Page 21 and 22: 21compensate them for the wrongful
Page 23 and 24: 23must such an obligation be interp
Page 25 and 26: 25stop to the interference by third
Page 27 and 28: 27(4) the tenant lets the landlord
Page 29 and 30: 293. There has been a particularly
Page 31 and 32: 319. The Author submits that such r
Page 33: 33(b) the premises are to be sold o
Page 37 and 38: 37S. 259(2A) inserted by No. 45/200
Page 39 and 40: 39apply to the Court for relief; an
Page 41 and 42: 41s. 146(d) a house let as a dwelli
Page 43 and 44: 43(iii) the accused shall be entitl
Page 45 and 46: 45Victoria PoliceG 4 February 2000
Page 47: 47DD 24 April 2001 Internal Police

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