Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES ACT 1987 - SECT 15

15 .         Applications for relief and orders that may be made

        (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.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback