Section 78 — Residential Tenancies Act 1986: Orders of Tribunal

78 Orders of Tribunal (1) Without limiting the generality of section 77 of this Act or the nature or extent of orders that the Tribunal may make in the exercise of its jurisdiction, the Tribunal may, in respect of any claim within its jurisdiction, make one or more of the following orders: (a) An order in the nature of a declaration, whether as to the status for the purposes of this Act of any premises or of any agreement or purported agreement, or as to the rights or obligations of any party, or otherwise: (b) An order that a party yield possession of any premises to any other party: (c) An order that a party deliver any specific chattels to any other party: (d) An order that a party pay money to any other party: (e) A work order: (f) Where it appears to the Tribunal that an agreement between the parties, or any term of any such agreement, is harsh or unconscionable, or that any power conferred by an agreement between them has been exercised in a harsh or unconscionable manner, an order varying the agreement, or setting it aside (either wholly or in part): (g) Where it appears to the Tribunal that an agreement between the parties has been induced by fraud, misrepresentation, or mistake, or that any writing purporting to express the agreement between the parties does not accord with their true agreement, an order varying, or setting aside, the agreement or the writing (either wholly or in part): (h) Any other order that the High Court or a District Court may make under any enactment or rule of law relating to contracts: (i) An order dismissing an application. (2) Where the Tribunal makes a work order against a party, it— (a) Shall, where the order is made otherwise than by consent; and (b) May, where the order is made by consent,—

at the same time make an order under subsection (1)(d) of this section to be complied with as an alternative to compliance with the work order. (2A) Where the Tribunal makes an order under any of paragraphs (b) , (c) , or (h) of subsection (1) of this section, the Tribunal may at the same time make an order under subsection (1)(d) of this section to be complied with as an alternative to compliance with the first-mentioned order. (2B) Where the Tribunal makes any 2 orders under subsection (2) or subsection (2A) of this section, it is the right of the person in whose favour the order is made to choose which order to enforce under section 107 of this Act. (3) Any order made by the Tribunal may be unconditional or subject to such conditions (whether as to the time for, or mode of, compliance, or otherwise) as the Tribunal thinks fit to impose. Subsections (2A) and (2B) were inserted, as from 1 May 1996, by section 32 Residential Tenancies Amendment Act 1996 (1996 No 7).