Contents (2010 - 42)
Residential Tenancies Act 2010 No 42
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of a residential tenancy agreement,(c) loss or damage suffered by a person as a result of inaccurate, ambiguous or out-of-date information being listed about the person on a residential tenancy database.(3) An order under subsection (1) (a) or (b) may be made even though it provides a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)