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) (if any),—

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), 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), and on a notice under section 107(5), as if such application or notice were an application filed under section 86; 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 (or 78A, if that section applies); 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) (if any), or so much of that order as the Tribunal may allow, without compliance with the provisions of section 107(2); or

(c)

(except in the case of a section 78A work order) 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.

(2A)

A person who, without reasonable excuse, breaches a work order commits an unlawful act.

(3)

Where any order is made under subsection (2)(c)—

(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), where any order is made under subsection (2)(c), 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), 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) 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.

Section 108(1)(b): amended, on 1 July 2016, by section 35(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 108(2)(a): amended, on 27 August 2019, by section 20(1) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 108(2)(b): amended, on 1 July 2016, by section 35(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 108(2)(c): amended, on 27 August 2019, by section 20(2) of the Residential Tenancies Amendment Act 2019 (2019 No 37).

Section 108(2A): inserted, on 1 October 2010, by section 70 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 108(2A): amended, on 1 July 2016, by section 35(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 108(4): amended, on 18 August 1992, by section 9(1) of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 108(5): amended, on 18 August 1992, by section 9(2) of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 108(6): replaced, on 18 August 1992, by section 9(3) of the Residential Tenancies Amendment Act 1992 (1992 No 79).