Section 108 — Residential Tenancies Act 1986: Enforcement of work orders

108 Enforcement of work orders (1) Where— (a) A party in whose favour a work order has been made considers that the work order has not been complied with by the other party; and (b) That other party has not complied with the alternative money order provided for by section 78(2) of this Act,— the party in whose favour the work order was made may, instead of applying to the District Court for the issue of a process of enforcement pursuant to section 107(1) of this Act, lodge with the Tribunal an application for the enforcement of the work order. (2) Subsequent proceedings shall be taken on an application for enforcement under subsection (1) of this section, and on a notice under section 107(5) of this Act, as if such application or notice were an application filed under section 86 of this Act; and, upon the hearing of the matter, the Tribunal may— (a) Vary the work order, or make a further work order or any other order that is authorised by section 78 of this Act; or (b) Grant leave to the party in whose favour the work order was made to enforce the alternative money order provided for by section 78(2) of this Act, or so much of that order as the Tribunal may allow, without compliance with the provisions of section 107(2) of this Act; or (c) Make an order empowering the party in whose favour the work order was made to undertake the necessary work and to charge the cost of doing so (up to the amount specified by the Tribunal) to the other party; or (d) Discharge or amend any order previously made by the Tribunal. (3) Where any order is made under subsection (2)(c) of this section— (a) In favour of the landlord, the cost incurred by the landlord in undertaking the work (up to the amount specified by the Tribunal) shall be deemed to be rent in arrear and enforceable accordingly; or (b) In favour of the tenant, the tenant may set off the cost incurred in undertaking the work (up to the amount specified by the Tribunal) against rent payable by the tenant. (4) Without limiting subsection (3)(b) of this section, where any order is made under subsection (2)(c) of this section, the tenant may pay to the chief executive any sum that would otherwise be payable by way of rent, up to the amount specified by the Tribunal, until sufficient has been accumulated to enable the tenant to undertake the work. (5) Where any sum is paid to the chief executive under subsection (4) of this section, the chief executive shall give to the tenant a receipt showing the particulars of the payment, and shall send a copy of the receipt to the landlord. (6) Any money paid to the chief executive under subsection (4) of this section shall be paid by the chief executive into the Residential Tenancies Trust Account, and shall be paid out of that Account by the chief executive to the tenant if the chief executive is satisfied that the money is to be applied by the tenant to meet the cost of the work. (7) After the expiration of 12 months from the date of a work order, it shall not be enforced without the leave of the Tribunal. Subsections (4) and (5) were amended, as from 18 August 1992, by section 9(1) and (2) Residential Tenancies Amendment Act 1992 (1992 No 79) by substituting the words “ chief executive ” for the word “ Corporation ” . Subsection (6) was substituted, as from 18 August 1992, by section 9(3) Residential Tenancies Amendment Act 1992 (1992 No 79).