Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
Part 9 Powers of Tribunal
Division 1 General powers of Tribunal
187 Orders that may be made by Tribunal
(1) The Tribunal may, on application by a landlord or tenant or other person under this Act, or in any proceedings under this Act, make one or more of the following orders:(a) an order that restrains any action in breach of a residential tenancy agreement,(b) an order that requires an action in performance of a residential tenancy agreement,(c) an order for the payment of an amount of money,(d) an order as to compensation,(e) an order that a party to a residential tenancy agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement,(f) an order that requires payment of part or all of the rent payable under a residential tenancy agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined,(g) an order that requires rent paid to the Tribunal to be paid towards the cost of remedying a breach of the residential tenancy agreement or towards the amount of any compensation,(h) an order directing a landlord, landlord’s agent or tenant to comply with a requirement of this Act or the regulations,(i) a termination order or an order for the possession of premises,(j) an order directing a landlord or landlord’s agent to give a former tenant or person authorised by a former tenant access to residential premises for the purpose of recovering goods of the former tenant or fixtures that the former tenant is entitled to remove.(2) Without limiting the Tribunal’s power to make an order as to compensation, the Tribunal may order compensation to be paid for the following:(a) loss of rent,(b) any other breach of a residential tenancy agreement,(c) loss or damage suffered by a person as a result of inaccurate, ambiguous or out-of-date information being listed about the person on a residential tenancy database.(3) An order under subsection (1) (a) or (b) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.(4) The Tribunal must not make an order for:(a) the payment of an amount that exceeds the amount (if any) prescribed by the regulations for the purposes of this section, or(b) the performance of work or the taking of steps the cost of which is likely to or will exceed the amount (if any) prescribed by the regulations for the purposes of this section.Note.This Act also confers other order-making powers on the Tribunal, including other specific powers to make termination orders, to declare that premises have been abandoned, to make orders about holding fees and to make various orders about rental bonds.
188 General order-making power of Tribunal
The Tribunal may, in any proceedings before it under this Act, make any one or more of the following orders:(a) an order that the Tribunal may make under this Act,(b) an order that varies or sets aside, or stays or suspends the operation of, any order made in proceedings or earlier proceedings,(c) any ancillary order the Tribunal thinks appropriate,(d) an interim order.
189 Application of provisions relating to Tribunal
(1) A provision of this Act that enables a landlord or tenant to apply for an order by the Tribunal and the Tribunal to make an order also applies, where appropriate, to a former landlord or a former tenant.(2) (Repealed)
Division 2 Powers of Tribunal relating to breaches of residential tenancy agreements
190 Applications relating to breaches of residential tenancy agreements
(1) A landlord or a tenant may apply to the Tribunal for an order in relation to a breach of a residential tenancy agreement within the period prescribed by the regulations after the landlord or tenant becomes aware of the breach or within such other period as may be prescribed by the regulations.(2) An application may be made:(a) during or after the end of a residential tenancy agreement, and(b) whether or not a termination notice has been given or a termination order made.(3) A landlord’s agent may make an application on behalf of a landlord.
191 Matters for consideration by Tribunal in applications relating to security breaches
(1) This section applies to proceedings before the Tribunal relating to a breach of Division 7 of Part 3.(2) For the purposes of determining whether a landlord has provided residential premises that are reasonably secure, the Tribunal may consider (but is not limited to considering) the following matters:(a) the physical characteristics of the premises and adjoining areas,(b) the requirements of insurance companies for allowing the tenant to obtain insurance for property of the tenant kept at the premises,(c) the likelihood of break-ins or unlawful entry or risks to the tenant’s personal safety.(3) For the purposes of determining whether compensation is payable to a tenant for a breach of the obligation to provide residential premises that are reasonably secure, the Tribunal must consider (but is not limited to considering) the actions taken, or that should reasonably have been taken, by the tenant and the landlord for the security of the premises.
Division 3 Powers of Secretary in proceedings
192 Secretary may represent persons
In any proceedings before the Tribunal under this Act, a person may, despite the Civil and Administrative Tribunal Act 2013 or any other law, be represented by the Secretary or by a legal practitioner or agent for the Secretary.
193 Secretary may take or defend proceedings
(1) If a person, not being a corporation, has made a complaint to the Secretary and the Secretary:(a) after investigating the complaint, is satisfied that the person may have a right to take or defend proceedings before the Tribunal, andthe Secretary may, with the consent of the person, take or defend those proceedings on behalf of and in the name of the person.(b) is of the opinion that it is in the public interest that the Secretary should take or defend those proceedings on behalf of the person,(2) If the Minister so directs and the person consents, the Secretary must take or defend proceedings before the Tribunal on behalf of a person.(3) This section applies despite anything to the contrary in the Civil and Administrative Tribunal Act 2013 or any other law.
194 Conduct of proceedings by Secretary
(1) If the Secretary takes or defends proceedings before the Tribunal on behalf of a person:(a) the Secretary is to have the conduct of those proceedings on behalf of the person, may appear personally or by a legal practitioner or agent and may do all things that are necessary or expedient to give effect to an order or a decision of the Tribunal, and(b) the Secretary is liable to pay the costs (if any) of the person, and(c) the person is liable to pay any other amount that the Tribunal orders the person to pay.(2) This section applies despite anything to the contrary in the Civil and Administrative Tribunal Act 2013 or any other law.
195 Intervention by Secretary
(1) Without limiting any other provision of this Division or section 44 of the Civil and Administrative Tribunal Act 2013, the Secretary may, if of the opinion that it would be in the public interest to do so, or, at the direction of the Minister must, intervene, and has a right to be heard personally or by legal practitioner or agent, in any proceedings arising under this Act or the regulations before the Tribunal.(2) The Secretary, on intervening in any proceedings, becomes a party to the proceedings and has all the rights of such a party.