application of or exercise of a right conferred by this Act is invalid. (3A) Despite subsections (1) and (1A), a resident S. 94(3A) inserted by cannot enter into a tenancy agreement with a No. 63/2005 rooming house owner in respect of a room unless s. 8. the resident has or is to have exclusive occupancy of the room. (4) In this section, includes a proposed resident resident. 94A Harsh and unconscionable terms S. 94A inserted by No. 45/2002 (1) A resident may apply to the Tribunal for an order s. 29. declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (3) An order under this section has effect according to its terms. Division 1A—Shared room rights Pt 3 Div. 1A (Heading and ss 94B–94D) inserted by No. 63/2005 s. 9. 94B Consent required for increase in room capacity S. 94B inserted by No. 63/2005 s. 9. (1) A rooming house owner must not increase the S. 94B(1) amended by room capacity of a room that is occupied by one No. 67/2010 or more residents unless— s. 109. (a) the rooming house owner has first given each existing resident of the room notice of the
application of or exercise of a right conferred by this Act is invalid. S. 94(3A) inserted by No. 63/2005 s. 8. (3A) Despite subsections (1) and (1A), a resident cannot enter into a tenancy agreement with a rooming house owner in respect of a room unless the resident has or is to have exclusive occupancy of the room. (4) In this section, resident includes a proposed resident. S. 94A inserted by No. 45/2002 s. 29. 94A Harsh and unconscionable terms (1) A resident may apply to the Tribunal for an order declaring invalid or varying a term of an agreement referred to in section 94(2). (2) On an application under subsection (1), the Tribunal, by order, may declare invalid or vary a term of the agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief. (3) An order under this section has effect according to its terms. Pt 3 Div. 1A (Heading and ss 94B–94D) inserted by No. 63/2005 s. 9. Division 1A—Shared room rights S. 94B inserted by No. 63/2005 s. 9. 94B Consent required for increase in room capacity S. 94B(1) amended by No. 67/2010 s. 109. (1) A rooming house owner must not increase the room capacity of a room that is occupied by one or more residents unless— (a) the rooming house owner has first given each existing resident of the room notice of the
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