Residential Tenancies Act 2004
Determination orders and enforcement generally
121.—(1) Each of the following—
(a) an agreement mentioned in a report of a mediator under section 95 (4),
(b) a determination mentioned in a report of an adjudicator under section 99 ,
(c) a determination of the Tribunal notified to the Board under section 108 ,
shall be the subject of a written record (in this Act referred to as a “determination order”) prepared by the Board and issued by it to the parties concerned.
(2) A determination order shall contain the terms of the agreement, determination or direction concerned; those terms may be expressed in the order in a manner different from the manner in which they are expressed in the agreement, determination or direction if the Board considers it appropriate to do so for the purpose mentioned in subsection (3).
(3) That purpose is to remove any ambiguity that the Board considers exists in the terms of the agreement, determination or direction or to clarify, generally, those terms in a manner that it considers will be of benefit to the parties or will facilitate compliance with the agreement, determination or direction.
(4) In considering whether it is appropriate to exercise the power under subsection (2) with respect to the terms of a particular agreement or determination referred to in paragraph (a) or (b) of subsection (1), the Board shall have regard to—
(a) in the case of such an agreement, the relevant document furnished to it under section 95 (6),
(b) in the case of such a determination, the relevant report of the adjudicator furnished to it under section 99 (2).
(5) In the case of doubt as to whether it is appropriate to exercise that power the Board may also consult with, as appropriate, the mediator, the adjudicator or the Tribunal and with the parties themselves.
(6) The seal of the Board shall be affixed to a determination order.
(7) Subsection (1) is, in the case of an agreement to which paragraph (a) of that subsection applies, subject to subsections (4) and (5) of section 96 .
(8) The reference in subsection (1)(b) to a determination mentioned in a report of an adjudicator under section 99 does not include a reference to such a determination against which an appeal has been made under, and in accordance with, section 100 unless that appeal has been subsequently abandoned.