Residential Tenancies Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Housing and Urban Development
81 Exclusion of Tribunal’s jurisdiction prohibited

(1)

A provision in any tenancy agreement to which this Act applies, or in any other agreement entered into by the parties to any such tenancy agreement, to exclude or limit—

(a)

the jurisdiction of the Tribunal; or

(b)

the right of any person to invoke that jurisdiction—

shall be of no effect.

(2)

Without limiting the generality of subsection (1), the Tribunal shall have jurisdiction in respect of a claim notwithstanding any agreement relating to the matter that provides for—

(a)

the submission to arbitration of any dispute or difference; or

(b)

the making of an award upon such a submission to be a condition precedent to any cause of action accruing to a party to the agreement.

(3)

Subsection (1) does not apply where a cause of action has accrued, or is believed to have accrued, to a person and that person has agreed to the settlement or compromise of the claim based on that cause of action.