Business Tenancies (Fair Dealings) Act 2003
102Orders at inquiry
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102 Orders at inquiry (1) At an inquiry, the Hearing Commissioner may make any one or more of the following orders that he or she considers appropriate: (a) an order that a party to the application: (i) pay money to a person specified in the order, whether by way of debt, damages, compensation or restitution; or (ii) refund money paid by a specified person; (b) an order that: (i) a specified amount of money is not due or owing by a party to the application to a specified person; or (ii) a party to the application is not entitled to a refund of any money paid to another party to the proceedings; (c) an order that a party to the application: (i) do specified work or perform a specified service or obligation arising under this Act or the terms of a lease; or (ii) surrender possession of specified premises to another person; or (iii) assign his or her or its rights under a lease to a specified person; or (iv) do or perform, or refrain from doing or performing, a specified act, matter or thing;
Business Tenancies (Fair Dealings) Act 2003 65 (d) an order, by consent of the parties, requiring the parties to the proceedings to rectify a lease; (e) an order: (i) that a lease is invalid or a provision in a lease is void for inconsistency with this Act or the Regulations; or (ii) that a landlord is not entitled to withhold consent to an assignment of the rights of a tenant; or (iii) relating to the rights and liabilities of the parties under law, whether or not consequential relief is or could be claimed; (f) an order, in the nature of an interlocutory order of a kind mentioned in paragraphs (a) to (e), that the person thinks proper to be made to resolve or assist resolution of the retail tenancy claim. (2) The Hearing Commissioner may do either or both of the following: (a) make the ancillary orders he or she thinks necessary to enable an order under this section to have full effect; (b) impose on an order conditions he or she considers appropriate.