Section 102 — Residential Tenancies Act 1986: Costs

102 Costs (1) Except in a case to which subsection (2) of this section applies, the Tribunal shall have no power to award costs to or against any party to proceedings before it. (2) The Tribunal may make an order of a kind referred to in subsection (3) of this section in any of the following cases: (a) Where, in the opinion of the Tribunal, the proceedings are frivolous or vexatious or ought not to have been brought: (b) Where any of the parties was represented by counsel: (c) Where, in the opinion of the Tribunal, the matter in dispute ought reasonably to have been settled before the Tenancy Mediator but that the party against whom the order is to be made refused, without reasonable excuse, to take part in proceedings before a Tenancy Mediator or acted in any such proceedings in a contemptuous or improper manner: (d) Where any applicant to the Tribunal, after receiving notice of the hearing, fails to attend the hearing without good cause. (3) In any case to which subsection (2) of this section applies, the Tribunal may order a party to pay— (a) To the Crown, any one or more of the following: (i) The reasonable costs of the Tribunal hearing: (ii) The fees and expenses of any witness that have been paid or are payable by the Crown: (iii) The reasonable fees and expenses of any Tenancy Mediator in relation to the preparation of a report under section 99 of this Act: (iv) The reasonable fees and expenses of any valuer in relation to the preparation of a report under section 100 of this Act; or (b) To another party, the reasonable costs of that other party in connection with the proceedings. Subsection (2)(a) was amended, as from 1 May 1996, by section 41(1) Residential Tenancies Amendment Act 1996 (1996 No 7) by inserting the words “ or ought not to have been brought ” . Subsection (2)(d) was inserted, as from 1 May 1996, by section 41(2) Residential Tenancies Amendment Act 1996 (1996 No 7). Subsection (3)(a) was substituted, as from 1 May 1996, by section 41(3) Residential Tenancies Amendment Act 1996 (1996 No 7).