Section 135 — Residential Tenancies Act 1986: Recovery of money paid by mistake

135 Recovery of money paid by mistake (1) Subject to subsection (2) of this section, where one party to a tenancy agreement pays any amount to the other party under a mistake of law or fact relating to the agreement, that party may, upon application to the Tribunal, recover that amount from the other party. (2) In any case to which subsection (1) of this section applies, the Tribunal may decline to order the repayment of the amount in question, in whole or in part, if the Tribunal is satisfied that the person who received the money did so in good faith, and has so altered his or her position in reliance on the validity of the payment that, in the opinion of the Tribunal, having regard to all possible implications in respect of other persons, it would be unfair to order the repayment of the whole or any part of that amount. Compare: Residential Tenancies Act, 1978-1981 (South Australia),

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