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Amendment of section 103 (membership of Tribunal, etc.) of Act of 2004
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44. Section 103 of the Act of 2004 is amended—
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(a) by substituting the following for subsection (1):
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“(1) Subject to subsection (1A), the number of members of the Tribunal shall be 3.”,
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and
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(b) by inserting the following subsections after subsection (1):
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“(1A) (a) In respect of such matters as may be prescribed, the Tribunal shall, except where subsection (1B) applies, be composed of one member.
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(b) Without prejudice to the generality of paragraph (a), prescribed matters for the purposes of that paragraph may include any of the following matters:
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(i) the retention or refund of a deposit;
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(ii) the amount that ought to be initially set (in compliance with section 19 or 19A, as the case may be) as the amount of rent under a tenancy;
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(iii) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review;
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(iv) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement;
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(v) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement;
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(vi) a claim by a landlord for arrears of rent or other charges.
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(c) There may be included in the same reference to a Tribunal to which this subsection relates disputes and, where appropriate, complaints, in respect of 2 or more matters prescribed for the purposes of this subsection.
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(1B) (a) Where—
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(i) a matter that consists of or includes a dispute is referred to the Tribunal, and that Tribunal is composed of one member, and
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(ii) the Tribunal, at any stage, considers that in the particular circumstances it would be appropriate to adjourn the hearing by it of the matter and request the Board to refer the dispute or complaint to a Tribunal composed of 3 members,
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then the Tribunal may so refer the matter to the Board accordingly.
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(b) Where the Board is requested under paragraph (a) to refer a matter, that consists of or includes a dispute, to a Tribunal, it may refer the matter to a Tribunal composed of 3 members.
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(1C) Where the Tribunal is composed of one member, then subsections (4) and (7) do not apply to that Tribunal.
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(1D) Where, in the same reference to a Tribunal, there is included disputes or complaints, in respect of 2 or more matters, and one or more of those disputes or complaints is not prescribed for the purposes of this subsection, the Board shall refer the matter to a Tribunal composed of 3 members.”.
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