109 Unlawful acts

(1)

A landlord or a tenant, or the chief executive acting on behalf of a landlord or a tenant, or the chief executive acting as the person responsible for the general administration of this Act, may apply to the Tribunal for an order requiring any other person to pay to the applicant an amount in the nature of exemplary damages on the ground that that other person has committed an unlawful act.

(2)

No application may be made under subsection (1) later than—

(a)

12 months after the termination of the tenancy in the case of—

(i)

an unlawful act to which section 19(2) refers; or

(ii)

a failure to keep records in respect of bonds that is an unlawful act to which section 30(2) refers; or

(b)

12 months after the date of commission of the unlawful act in the case of any other unlawful act.

(3)

If, on such an application (other than one referred to in subsection (3A)), the Tribunal is satisfied that the person against whom the order is sought committed the unlawful act intentionally, and that, having regard to—

(a)

the intent of that person in committing the unlawful act; and

(b)

the effect of the unlawful act; and

(c)

the interests of the landlord or the tenant against whom the unlawful act was committed; and

(d)

the public interest,—

it would be just to require the person against whom the order is sought to pay a sum in the nature of exemplary damages, the Tribunal may make an order accordingly.

(3A)

In the case of an application in respect of an unlawful act under section 54(3), the Tribunal may order the landlord to pay a sum in the nature of exemplary damages if the Tribunal is satisfied that it is just to do so having regard to the matters referred to in subsection (3)(b) to (d).

(4)

The maximum amount that a person may be ordered to pay under this section for any unlawful act referred to in any section shown in the first column of Schedule 1A is the amount shown opposite that section in the second column of that schedule.

(4A)

The Tribunal may make an order against a person on the ground that the person committed an unlawful act even though the conduct that formed part of that act also formed part of an offence or an alleged offence against section 109A(4) in respect of which the person has been charged, convicted, or acquitted.

(5)

Any amount ordered by the Tribunal to be paid under this section on the application of a landlord or a tenant, or on the application of the chief executive acting on behalf of a landlord or a tenant, shall be paid to that landlord or that tenant, and shall be in addition to any sum payable to that landlord or that tenant by way of compensation in respect of the unlawful act.

(6)

Any amount ordered by the Tribunal to be paid under this section on the application of the chief executive acting as the person responsible for the general administration of this Act shall be paid to the Crown.

(7)

Notwithstanding subsection (5) and section 124(4)(d), if the chief executive is acting under section 124(3)(b), any amount ordered by the Tribunal to be paid under this section on the application of the chief executive shall be paid to the chief executive and retained by the Crown.

Section 109(1): amended, on 18 August 1992, by section 10(1) of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 109(2): replaced, on 1 May 1996, by section 43(1) of the Residential Tenancies Amendment Act 1996 (1996 No 7).

Section 109(3): amended, on 1 July 2016, by section 36(1) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 109(3A): inserted, on 1 July 2016, by section 36(2) of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 109(4): replaced, on 1 October 2010, by section 71 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 109(4A): inserted, on 1 October 2010, by section 71 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 109(5): amended, on 18 August 1992, by section 10(2) of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 109(6): replaced, on 18 August 1992, by section 10(3) of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 109(7): inserted, on 1 May 1996, by section 43(3) of the Residential Tenancies Amendment Act 1996 (1996 No 7).