RESIDENTIAL TENANCIES ACT 1997 - SECT 376 What can the Tribunal order?
RESIDENTIAL TENANCIES ACT 1997 - SECT 376
What can the Tribunal order?S. 376(1) amended by No. 67/2010 s. 42, substituted by No. 45/2018 s. 262(1).
(1) After hearing an application under section 374, the Tribunal must determine whether it was appropriate to give the resident the notice to leave the managed premises.
S. 376(1A) inserted by No. 45/2018 s. 262(1).
(1A) If the Tribunal determines that it was appropriate to give the resident the notice to leave the managed premises, the Tribunal may make an order terminating the residential rental agreement, residency right or site agreement as at the date of that order, if satisfied as to the matters set out in section 330A.
S. 376(1B) inserted by No. 45/2018 s. 262(1).
(1B) If the Tribunal determines it was not appropriate to give the resident the notice to leave the managed premises, the Tribunal must order that—
(a) the suspension of the residential rental agreement, residency right or site agreement cease; and
(b) the resident be allowed to resume occupation of the rented premises, room, caravan, site or Part 4A site under the residential rental agreement, residency right or site agreement.
(2) The Tribunal may make any ancillary or incidental orders that the Tribunal considers appropriate.
S. 376(3) substituted by No. 45/2002 s. 94, amended by Nos 67/2010 s. 42(2), 45/2018 s. 262(2).
(3) If the Tribunal orders under subsection (1B) that the suspension of the residential rental agreement, residency right or site agreement cease—
(a) the resident is not required to pay rent or hiring charges in respect of the period of the suspension; and
(b) the Tribunal must order that compensation be paid to the resident comprising—
(i) a refund of the rent or hiring charges paid during the period of the suspension; and
(ii) any reasonable expenses incurred by the resident relating to the period of suspension.