Residential Tenancies Act 1986

If you need more information about this Act, please contact the administering agency: Ministry of Housing and Urban Development
82 Exclusion of other jurisdictions

(1)

Notwithstanding any other enactment or rule of law to the contrary, no court or other body shall have originating jurisdiction in respect of any matter that is within the jurisdiction of the Tribunal unless—

(a)

proceedings in respect of that matter were commenced before that court or other body before the commencement of this Act; or

(b)

an order is made under section 83(2).

(2)

Where subsection (1)(a) applies to proceedings before a court or other body, the issues in dispute in the claim to which those proceedings relate (whether as shown in the initial claim or emerging in the course of the hearing) shall not be the subject of proceedings between the same parties before the Tribunal unless the proceedings are transferred to the Tribunal under subsection (3), or the claim before the court or other body is withdrawn, abandoned, or struck out.

(3)

In any case to which subsection (1)(a) applies, the court or other body before which the proceedings were being conducted immediately before the date of the commencement of this Act may, with the consent of each of the parties, instead of determining the matter itself, order that the proceedings be transferred to the Tribunal subject to such provision (if any) as to the payment of costs as the court or other body thinks fit.

(4)

Where proceedings are transferred to the Tribunal under subsection (3), the Tribunal may have regard to any notes of evidence transmitted to the Tribunal, and it shall not be necessary for that evidence to be given again before the Tribunal unless the Tribunal so requires.