(1) 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.
(2) Upon such an
application the court may —
(a) by
such order as it considers appropriate in the circumstances —
(i)
restrain any action in breach of the agreement; or
(ii)
require any action in performance of the agreement;
and
(b)
order the payment of any amount payable under the agreement; and
(c)
order the payment of compensation for loss or injury, other than personal
injury, caused by any breach of the agreement; and
(d)
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
(e) make
such ancillary or incidental order as the court considers appropriate.
(3) 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.
(4) 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.
(5) The court may
order that a person be joined as a party to the proceedings if the court
considers that —
(a) the
person ought to be bound by, or have the benefit of, a decision of the court
in the proceedings; or
(b) the
person’s interests are affected by the proceedings; or
(c) for
any other reason it is desirable that the person be joined as a party.
(6) 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.]