Applications for relief and orders that may be made
15 Applications for relief and orders that may be made
Where a lessor or tenant under a residential tenancy agreement or a party to an agreement for an option to enter into a residential tenancy agreement claims that a breach of the agreement has occurred or that a dispute has arisen under the agreement, the lessor or tenant may apply for relief to a competent court.
A lessor or tenant under a residential tenancy agreement who is given a notice under section 11L may apply to the Magistrates Court for relief in relation to the matter the subject of the application to the Commissioner referred to in the notice.
Note for this subsection:
The Commissioner may decline to decide an application made to the Commissioner under Part III Division 1 and advise the parties that they may apply to the Magistrates Court for relief. See section 11L.
Upon such an application the court may —
by such order as it considers appropriate in the circumstances —
restrain any action in breach of the agreement; or
require any action in performance of the agreement;
and
order the payment of any amount payable under the agreement; and
if the application relates to the release of all or part of the security bond for the agreement —
order the payment to the lessor of an amount of the security bond to which the lessor is entitled under section 81E; and
order that the balance of the security bond (if any) is payable to the tenant, or if there are co‑tenants, 1 or more of the co‑tenants in stated amounts, or another person;
and
order the payment of compensation for loss or injury, other than personal injury, caused by any breach of the agreement; and
authorise payment of the rent under the agreement into the Magistrates Court until the agreement has been performed or any application for compensation has been determined, and order that such rent be paid out towards the cost of remedying the breach or towards the amount of any compensation or otherwise as it considers appropriate; and
make such ancillary or incidental order as the court considers appropriate.
The court may make an order under subsection (2)(a) notwithstanding that it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such remedy would not otherwise be available.
Upon an application with respect to the breach of a residential tenancy agreement, the court shall take into account any previous breaches by the lessor or tenant of the agreement.
The court may order that a person be joined as a party to the proceedings if the court considers that —
the person ought to be bound by, or have the benefit of, a decision of the court in the proceedings; or
the person’s interests are affected by the proceedings; or
for any other reason it is desirable that the person be joined as a party.
The court may make an order under subsection (5) on the application of any person or on its own initiative.
[Section 15 amended: No. 50 of 1988 s. 8 and 18; No. 59 of 2004 s. 120 and 121; No. 60 of 2011 s. 13 and 89; No. 17 of 2014 s. 5; No. 11 of 2024 s. 15.]
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