Disputes & Remedies
Residential Tenancies Act
Chapter 8
Redress that may be granted under this Part
Annotations:
Modifications (not altering text):
Redress that may be granted on foot of determination.
115.—(1) A power conferred by this Part on an adjudicator or the Tribunal to make a determination in relation to a dispute includes a power to make such declarations or give such directions as the adjudicator or the Tribunal thinks appropriate for the purpose of providing relief to one, or more than one as appropriate, of the parties.
(2) Without prejudice to the generality of subsection (1) and the subsequent provisions of this Chapter, one or more of the following declarations or directions, as appropriate, may be made or given in respect of a dispute—
( a) a direction that a specified amount of rent or other charge shall be paid on, or on and from, or by a specified date,
( b) a declaration as to whether or not an amount of rent set under a tenancy of a dwelling complies with F203 [ … ] section 19 (and if the declaration is that that amount does not so comply, the declaration shall be accompanied by an indication by the adjudicator or the Tribunal as to what amount, in his or her or its opinion, would comply F204 [ with section 19 ] ,
( c) a direction as to the return or payment, in whole or in part, of the amount of a deposit,
( d) a direction that a specified amount of damages or costs or both be paid,
( e) a direction that a dwelling be quitted by a specified date,
( f) a declaration as to the validity or otherwise of a notice of termination of a tenancy,
( g) a declaration with regard to the right to return to, or continue in, occupation of a dwelling (and such a declaration may include provision to the effect that any period of interruption in possession that has occurred is to be disregarded for one or more purposes),
( h) a declaration that a term of a lease or tenancy agreement is void by reason of section 184 ,
( i) F205 [ … ]
(3) The amount (or, as appropriate, the aggregate of the amounts), other than costs or expenses of whatsoever kind, that an adjudicator or the Tribunal may direct to be paid to a party in respect of the matter (or, as appropriate, all of the matters) the subject of a dispute referred to the Board for resolution shall not exceed—
( a) if the amount or amounts consist solely of damages —€20,000,
( b) if the amount or amounts consist solely of an amount or amounts by way of arrears of rent or other charges —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this paragraph of €60,000),
( c) if the amount or amounts consist of both damages and an amount or amounts referred to in paragraph (b)—
(i) in so far as the amount or amounts consist of damages —€20,000,
(ii) in so far as the amount or amounts consist of such other amount or amounts —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this subparagraph of €60,000).
F206 [ (4) Without prejudice to the generality of subsection (3) , an amount that is to be awarded in accordance with a direction relating to a failure to comply with section 16(f) or 16(g) shall be included in the amount referred to in subsection (3)(a) or, as the case may be, subsection (3)(c)(i) .
(5) The amount of costs or expenses that may be awarded to a party shall not exceed € 1,000. ]
Annotations
Amendments:
F203
Deleted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 16(a), commenced on enactment.
F204
Substituted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 16(b), commenced on enactment.
F205
Repealed (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(2)(a), S.I. No. 119 of 2016.
F206
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, S.I. No. 119 of 2016.
F207
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.
Modifications (not altering text):
C68
Subs. (2)(b) applied with modifications (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(14), S.I. No. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. …
(14) The provisions of the Act of 2004 specified in column (2) of the Table to this section at each reference number shall apply to cost rental tenancies as if the provisions of the Act of 2004 specified at the same reference number in column (3) of the Table were references to the provisions of this section specified at the same reference number in column (4) of the Table, subject, where relevant, to any proviso specified at the same reference number in column (5).
Table
Ref No.
(1) |
Section of Act of 2004
(2) |
Provisions of Act of 2004 referenced
(3) |
Substituted provisions of this section
(4) |
Proviso
(5) |
4. | section 115(2)(b) | subsection (1) or (4) of section 19 | subsection (2) |
C69
Prospective affecting provision: subs. (6) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.
F207 [ (6) For the purposes of a direction under subsection (3) , where a complaint under section 76A was made, the amount that is directed under subsection (3) to be paid to a party when that complaint and the original dispute referred to in section 76A have been determined concurrently, shall include the amount of rent that was directed to be paid in the interim direction referred to in section 76B . ]
Editorial Notes:
E97
Previous affecting provision: subss. (2)(b) substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 47, commenced as per s. 1(3)(b); substituted as per F-note above.
Determination may require sub-tenancy to be quitted in certain cases.
116.—If—
( a) the determination of an adjudicator or the Tribunal includes a direction that a dwelling, the subject of a tenancy, be quitted by a specified date,
( b) that tenancy is one out of which a sub-tenancy has been created, and
( c) the landlord, when he or she served a notice of termination on the tenant in respect of that tenancy, required the tenant to terminate that sub-tenancy,
then the determination may include a direction requiring the subtenant to quit the dwelling by a specified date.
Redress of an interim nature may be granted.
117.—(1) In addition to the powers conferred by this Part with respect to the determination of disputes, an adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.
(2) Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.
(3) As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.
(4) This section is without prejudice to section 189 and the power under subsection (1) may not be exercised in a manner which is inconsistent with or would derogate from any interim or interlocutory relief granted by the Circuit Court under that section.
Annotations
Amendments:
F208
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.
Modifications (not altering text):
C70
Prospective affecting provision: subs. (5) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.
F208 [ (5) Without prejudice to subsection (1) , in the case of a complaint referred to in section 76A , the adjudicator, or as the case may be the Tribunal, may, in dealing with the complaint, proceed to give such directions under this section as the adjudicator or Tribunal, considers appropriate for the purpose of providing relief of an interim nature (other than payment of arrears of rent) to the parties including a direction that pursuant to section 86(1)(a) —
( a ) the tenant shall continue to pay the rent payable under the tenancy, or
( b ) the sub-tenant shall continue to pay the rent payable under the sub-tenancy,
pending the determination of the original dispute referred to in section 76A . ]
Discretion to refuse direction for possession.
118.—(1) If the inclusion of a direction in a determination that a party (“the first-mentioned person”) be permitted to resume possession of a dwelling, the subject of a tenancy, would cause hardship or injustice to a person (“the second-mentioned person”) not party to the dispute who is in possession of that dwelling, then the determination may, instead of including such a direction, include—
( a) a declaration that the first-mentioned person was wrongfully deprived of possession of the dwelling, and
( b) a direction that damages of a specified amount be paid by the landlord to that person in respect of that deprivation.
(2) In deciding whether the inclusion in a determination of a direction of the kind firstly mentioned in subsection (1) would cause hardship or injustice to the second-mentioned person, the matters to which regard shall be had shall include—
( a) the length of time the second-mentioned person has been in possession of the dwelling concerned,
( b) any involvement the second-mentioned person may have had in the first-mentioned person being deprived of possession of the dwelling, and
( c) any knowledge the second-mentioned person may have had, before he or she took possession of the dwelling, of the existence of a dispute concerning the right of the first-mentioned person to possession of the dwelling.
(3) The second-mentioned person shall be afforded an opportunity to make submissions with regard to whether a determination should include a direction of the kind firstly mentioned in subsection (1); if necessary, for that purpose, the proceedings concerned shall be adjourned and the second-mentioned person notified of the matter.
Certain directions to be given in the case of arrears of rent.
119.—(1) Any amount of arrears stipulated to be paid by a determination shall be the gross amount of the rent and other charges (if any) concerned which the adjudicator or the Tribunal considers to be in arrears as reduced by—
( a) any relevant debts due, in the opinion of the adjudicator or the Tribunal, by the landlord to the tenant in accordance with section 48 of the Landlord and Tenant Law Amendment Act Ireland 1860,
( b) any set-off for expenditure on repairs the tenant would be entitled to make under section 87 of the Landlord and Tenant (Amendment) Act 1980,
( c) any compensation due by the landlord to the tenant in circumstances where section 61 of the Landlord and Tenant (Amendment) Act 1980 applies,
( d) any other amount which the adjudicator or the Tribunal considers warranted in the circumstances of the case,
and as increased by any amount that the adjudicator or the Tribunal, in all the circumstances of the matter, considers appropriate in respect of—
(i) F209 [ subject to subsection (3) , costs ] reasonably incurred by the landlord in pursuit of the arrears of rent,
(ii) damages,
(iii) F210 [ … ]
(2) A determination of an adjudicator or the Tribunal in respect of an amount referred to in subsection (1) shall, if any of paragraphs (a) to (d) or paragraphs (i) to (iii) of that subsection have had to be applied in calculating the amount, indicate how the amount was calculated by reason of the application of the paragraph or paragraphs concerned.
F211 [ (3) The costs awarded under subsection (1)(i) shall not exceed € 1,000. ]
Annotations
Amendments:
F209
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(a)(i), S.I. No. 119 of 2016.
F210
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(a)(ii), S.I. No. 119 of 2016.
F211
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(b), S.I. No. 119 of 2016.
Circumstances of landlord or tenant not to be taken account of in certain cases.
120.—(1) If the dispute being dealt with by a mediator, adjudicator or the Tribunal relates to the amount of the rent that ought to be set under a tenancy at a particular time or as to when a review of such rent ought to take place, the circumstances, financial or otherwise, of the landlord or tenant may not be taken into consideration—
( a) by the mediator in taking any of the steps mentioned in section 95 , or
( b) by the adjudicator or the Tribunal in determining the dispute.
(2) The reference in subsection (1) to the setting of the rent under a tenancy shall be construed in accordance with section 19(2) .
Annotations:
Modifications (not altering text):
C71
Subs. (2) applied with modifications (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(14), S.I. No. 424 of 2021.
Setting and review of rent in cost rental tenancy
33. …
(14) The provisions of the Act of 2004 specified in column (2) of the Table to this section at each reference number shall apply to cost rental tenancies as if the provisions of the Act of 2004 specified at the same reference number in column (3) of the Table were references to the provisions of this section specified at the same reference number in column (4) of the Table, subject, where relevant, to any proviso specified at the same reference number in column (5).
Table
Ref No.
(1) |
Section of Act of 2004
(2) |
Provisions of Act of 2004 referenced
(3) |
Substituted provisions of this section
(4) |
Proviso
(5) |
… | … | … | … | |
5. | section 120(2) | section 19(2) | subsection (3) | |
… | … | … | … |
Chapter 9
Determination orders and enforcement generally
Determination orders.
121.—(1) Each of the following—
F212 [ ( a ) an agreement referred to in section 96(1) , ]
( 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 ,
( d) a direction given by an adjudicator or the Tribunal under section 82(5) or 117,
shall be the subject of a written record (in this Act referred to as a “determination order”) prepared F213 [ by the Director and issued by him or her ] 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 F213 [ Director ] considers it appropriate to do so for the purpose mentioned in subsection (3).
(3) That purpose is to remove any ambiguity that the F213 [ Director ] 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 F213 [ Director ] shall have regard to—
F212 [ ( a ) in the case of such an agreement, the report furnished F213 [ to him or her ] under section 95(4) , ]
( b) in the case of such a determination, the relevant report of the adjudicator furnished F213 [ to him or her ] 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.
F214 [ (5A) A document purporting to be a determination to which this section relates and to be signed by —
( a ) the Director under this section, or
( b ) a member of the staff of the Board, pursuant to the function of the Director under this section being delegated to the member under section 161(2) ,
shall, unless the contrary is proved, be deemed to be a determination duly made and shall be received in any proceedings in any court without further proof of —
(i) the determination,
(ii) the signature of the Director or the person to whom paragraph (b) relates, as the case may be, or
(iii) where relevant, the delegation to which paragraph (b) relates. ]
(6) F215 [ … ]
(7) F216 [ … ]
(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.
Annotations
Amendments:
F212
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 55(a), (b), S.I. No. 119 of 2016.
F213
Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(a)-(c), S.I. No. 266 of 2018.
F214
Inserted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(d), S.I. No. 266 of 2018.
F215
Deleted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(e), S.I. No. 266 of 2018.
F216
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 55(c), S.I. No. 119 of 2016.
Provision to ensure consistency between determinations.
122.—(1) If, on consideration of a determination of the Tribunal, the Board is of opinion that the determination is not consistent with previous determinations of the Tribunal in relation to disputes of a similar nature to the dispute concerned then the Board may exercise the powers under subsection (2).
(2) Those powers are—
( a) to notify the members of the Tribunal who made the determination concerned of that opinion and request each of them to submit any views he or she has in relation to the matter to the Board,
( b) having had regard to the views, if any, submitted by those members to it, pursuant to that request, to notify the parties to the dispute concerned of that opinion and request each of them to indicate whether he or she consents to a fresh determination being made pursuant to paragraph (c) by the Tribunal in relation to the dispute or wishes to make representations to the Board in relation to the matter,
( c) if the parties consent to such a fresh determination being made or the Board, having had regard to the representations, if any, made to it by one or more of them pursuant to the request under paragraph (b), considers it appropriate to direct the Tribunal to do so, to direct the Tribunal to make a fresh determination in relation to the dispute.
(3) The making of any such fresh determination shall be preceded by a re-hearing of the matter by the Tribunal and the provisions of Chapters 5 to 7 shall apply accordingly.
(4) For the purposes of subsection (1), one dispute is of a similar nature to another dispute if the issues involved in each of them are the same and the facts that gave rise to each of them, as appearing from any record kept by the Tribunal in relation to its proceedings or any other record available to the Board, are the same in all material respects.
Binding nature of determination orders.
123.—(1) A determination order embodying the terms of F217 [ an agreement referred to in section 96(1) ] or the determination of an adjudicator under section 97 shall become binding on the parties concerned on the order being issued to them.
(2) A determination order embodying the terms of a determination of the Tribunal shall, on the expiry of the relevant period, become binding on the parties concerned unless, before that expiry, an appeal in relation to the determination is made under subsection (3).
(3) Any of the parties concerned may appeal to the High Court, within the relevant period, from a determination of the Tribunal (as embodied in a determination order) on a point of law.
(4) The determination of the High Court on such an appeal F218 [ … ] shall be final and conclusive.
(5) The High Court may, as a consequence of the determination it so makes, F219 [ direct the Director ] to cancel the determination order concerned or to vary it in such manner as the Court specifies and F219 [ the Director shall cancel ] or vary the order accordingly; if the cancellation or variation directed to be made relates to a determination of the Tribunal not to deal with the dispute in accordance with section 85 , the Board shall, in addition, refer all or part, as appropriate, of the dispute to the Tribunal for determination by the Tribunal and the provisions of this Part shall, with any necessary modifications, apply to that determination.
(6) References in section 124 to a determination order shall, where that order embodies the terms of a determination of the Tribunal, be construed as references to—
( a) such an order as respects which an appeal against the determination embodied in it has not been made under this section within the relevant period or, if such appeal has been brought, it has been abandoned, or
( b) if such an appeal has been brought (and the result of the appeal does not require the F219 [ Director ] to cancel the order under subsection (5)), as the case may be—
(i) such an order in the terms as it was originally made, or
(ii) such an order in the terms as it stands following the variation of it by the F219 [ Director ] under subsection (5).
(7) The Board F220 [ shall ] publish, in such manner as it thinks fit—
( a) a determination order F219 [ issued by the Director ] (including such an order as it stands varied by it under subsection (5)),
( b) notice of the cancellation of such an order under subsection (5) or section 125 .
(8) In this section “relevant period” means the period of 21 days beginning on the date that the determination order concerned is issued to the parties.
Annotations
Amendments:
F217
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 56(a), S.I. No. 119 of 2016.
F218
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 56(b), S.I. No. 119 of 2016.
F219
Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 8-11, S.I. No. 266 of 2018.
F220
Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 21, S.I. No. 236 of 2019.
Enforcement of determination orders.
124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the F221 [ District Court ] for an order under subsection (2).
(2) On such an application and subject to section 125 , the F221 [ District Court ] shall make an order directing the party concerned (the “respondent”) to comply with the term or terms concerned if it is satisfied that the respondent has failed to comply with that term or those terms, unless—
( a) it considers there are substantial reasons (related to one or more of the matters mentioned in subsection (3)) for not making an order under this subsection, or
( b) the respondent shows to the satisfaction of the court that one of the matters specified in subsection (3) applies in relation to the determination order.
(3) The matters mentioned in subsection (2) are—
( a) a requirement of procedural fairness was not complied with in the relevant proceedings under this Part,
( b) a material consideration was not taken account of in those proceedings or account was taken in those proceedings of a consideration that was not material,
( c) a manifestly erroneous decision in relation to a legal issue was made in those proceedings,
( d) the determination made by the adjudicator or the Tribunal, as the case may be, on the evidence before the adjudicator or Tribunal, was manifestly erroneous.
(4) If, on the hearing of an application under this section, it appears by credible testimony that there is reason to believe the respondent will be unable to pay the costs of the applicant of so much of the hearing as relates to the determination of whether any of the matters specified in subsection (3) have been established by the respondent (in the event that none of them is established) the court may require sufficient security to be given for those costs.
(5) If the determination order, the subject of an application under this section, is one requiring a dwelling to be vacated and—
( a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and
( b) that notice was served by reason of the tenant’s failure to pay an amount of rent due,
the court may, before hearing any arguments or receiving any evidence in relation to whether any of the matters specified in subsection (3) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling’s continued occupation by the respondent after the service of that notice.
(6) If the applicant under this section is not the Board, the respondent shall give notice to the Board that he or she proposes to oppose the application and the Board shall be entitled to appear and be heard at the hearing of the application.
(7) The court may make such ancillary or other orders F222 [ , including an order for possession of a dwelling the subject of a determination order, ] as it considers just on the hearing of an application under this section.
(8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).
(9) An application under this section to the F221 [ District Court ] shall be made to the judge of the F221 [ District Court ] for the F221 [ District Court district ] in which the tenancy or dwelling concerned is or was situated.
F223 [ (10) The monetary limit for the time being standing specified of the jurisdiction of the District Court shall not apply in respect of proceedings brought or heard, as the case may be, in the District Court under this section on or after the commencement of section 57 of the Residential Tenancies (Amendment) Act 2015 and, the monetary limit which shall apply in respect of those proceedings, shall be the monetary limit for the time being standing specified of the jurisdiction of the Circuit Court. ]
Annotations
Amendments:
F221
Substituted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(a), (c), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).
F222
Inserted (19.12.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 49, S.I. No. 590 of 2017.
F223
Inserted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(d), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).
F224
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(4).
Modifications (not altering text):
C72
Prospective affecting provision: subss. (7A), (7B) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(b), not commenced as of date of revision.
124.— …
F224 [ (7A) Without prejudice to the generality of subsection (2) , where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has paid the deposit in accordance with section 148B(b) , the court shall have regard to that payment when making an order under this section including an ancillary or other order referred to in subsection (7) .
(7B) Without prejudice to the generality of subsection (2) , where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has not, before the application under this section, paid the deposit in accordance with section 148B(b) , the court shall have regard to such provision for the return of a deposit when making an order under this section including an ancillary or other order referred to in subsection (7) . ]
Cancellation of determination order in cases of nonappearance.
125.—(1) A person who establishes to the satisfaction of—
( a) the Board, or
( b) if the determination order is the subject of an application under section 124 , the F225 [ District Court ], on the hearing of that application,
that, in relation to a determination order embodying the terms of a determination of the Tribunal or an adjudicator, there are good and substantial reasons for his or her having failed to appear at the relevant hearing conducted by the Tribunal or the adjudicator, the Board or the F225 [ District Court ] may, subject to subsection (3), exercise the powers referred to in subsection (2).
(2) The powers mentioned in subsection (1) are to F226 [ direct the Director to ] cancel the determination order and direct that a fresh determination of the matter shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).
(3) The Board or the F225 [ District Court ], as the case may be, may direct that that cancellation shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1) (being conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts ( S.I. No. 15 of 1986) for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned).
(4) Without prejudice to subsection (3), if it is sought to oppose an application under section 124 on the grounds that the determination order ought to be cancelled under this section, subsections (4) and (5) of section 124 shall apply as if references to the determination of, or evidence in relation to, whether any of the matters specified in subsection (3) of that section have been established include references to the determination of, or evidence in relation to, the issue as to whether the grounds for the court’s exercising its powers under this section have been established.
(5) The Board, before deciding whether to exercise the powers under this section, shall afford the other party or parties concerned an opportunity to be heard.
(6) The reference in subsection (3) to the Rules of the Superior Courts is a reference to those Rules as amended for the time being; if those Rules should be revoked then the reference to them in that subsection shall be read as a reference to such rules corresponding to those Rules as may be for the time being in force.
Annotations
Amendments:
F225
Substituted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 58, S.I. No. 37 of 2018, subject to transitional provision in subs. (2).
F226
Inserted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 12, S.I. No. 266 of 2018.
F227 [ Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement
125A. … ]
Annotations
Amendments:
F227
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 59, not commenced as of date of revision.
Modifications (not altering text):
C73
Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 59, not commenced as of date of revision.
F227 [ 125A. (1) A person who establishes to the satisfaction of the Board that, in relation to the return, under section 148L(1) , of a deposit (or an amount of the deposit), that there are good and substantial reasons for his or her having failed to comply with section 148F(2) and 148I(3) , the Board may, subject to subsection (3) , exercise the powers referred to in subsection (2) .
(2) The powers mentioned in subsection (1) are —
( a ) to cancel the return of the deposit,
( b ) to direct that the return of the deposit be the subject of a dispute to be referred to the Board under paragraph (ab) of section 78(1) , and
( c ) to direct the party to whom the deposit was returned under section 148L , to return the deposit (or a specified amount of the deposit) to the Board.
(3) The Board may direct that —
( a ) the cancellation of the return of the deposit under section 148L shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1) , and
( b ) the return of the deposit be subject to specified conditions, including, where appropriate, a condition referred to in paragraph (a) .
(4) The reference to conditions in subsection (3) means conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned.
(5) The reference in subsection (4) to the Rules of the Superior Courts shall be construed in accordance with subsection (6) of section 125 .
(6) The Board, before deciding whether to exercise the powers under this section, shall afford the party to whom the deposit was returned under section 148L an opportunity to be heard. ]
Offence for failure to comply with determination order.
126.— F228 [ … ]
Annotations
S.I. No. 431/2020 –
District Court (Residential Tenancies) Rules 2020
The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 , section 24 of the Interpretation Act 2005 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.
Dated this 7th day of February 2020.
Colin Daly
Chairperson
Conal Gibbons
Anne Watkin
Riobard Pierse
Edel Haughton
James Finn
Michelle Johnston
I concur in the making of the foregoing rules
Dated this 8th day of October 2020
HELEN McENTEE
Minister for Justice and Equality
The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court:
1. (1) These rules may be cited as the District Court (Residential Tenancies) Rules 2020.
(2) These rules shall come into operation on the 22nd day of October 2020 and shall be read together with all other District Court Rules for the time being in force.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2020.
2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are hereby amended by the substitution for Order 93C thereof of the Order set out in the Schedule.
Schedule
“Order 93C
Residential Tenancies Acts 2004 to 2020
Definitions
l. In this Order—
the “Act of 2004” means the Residential Tenancies Act 2004 , as amended;
“authorised officer ” means a person appointed under section 164A of the Act of 2004 to be an authorised officer;
the “Board” means the Residential Tenancies Board as established by section 150 of the Act of 2004;
a “determination order” shall be interpreted having regard to the provisions of section 121 of the Act of 2004.
Determination orders
2. (1) All applications by the Board or by a party mentioned in a determination order under section 124 of the Act of 2004 for enforcement of a determination order must be made by way of notice of application.
(2) Applications under this rule must be brought in the court area in which the tenancy or dwelling concerned is or was situated.
(3) The notice of application must be in Form No. 40C.01, Schedule C, modified as appropriate to the case, and must include particulars of the relief sought appropriate to the case.
(4) The notice of application must be entitled in the matter of section 124 of the Residential Tenancies Act 2004 , as amended and must contain the name and address of the applicant as claimant and the name and address of the respondent.
(5) The notice of application must set out the grounds on which the applicant relies for the reliefs sought and must have annexed thereto the original determination order or a certified copy of same, certified by the applicant as being a true copy of the determination order. The return date of the notice of application must be not less than 21 days after the date on which the notice of application is issued.
(6) The notice of application must be supported by a grounding affidavit setting out and verifying the facts relied on in the application. Copies of the affidavit and any exhibits must be served with the notice of application on the respondent.
(7) The respondent must be served not later than 21 days before the return date where service is by registered post or not less than seven days before the return date where service is effected personally or in accordance with sub-rule (9).
(8) The original notice of application and a statutory declaration as to the service of the notice of application on the respondent must be lodged with the Clerk not later than four days before the return date.
(9) Where the relief sought in an application includes the enforcement of a determination for recovery of vacant possession of a dwelling, the proceedings may be served by delivering copies of the notice of application, grounding affidavit and any exhibits, addressed to the respondent at the dwelling to which the determination relates or, where such service cannot be effected, by leaving copies of those documents at the dwelling or by attaching those documents to the door or some other conspicuous part of the dwelling. In all other cases, the notice of application must be served personally or by prepaid registered post.
(10) If the respondent intends to oppose the application and the applicant is not the Board, the respondent must give notice of such intention to oppose and the grounds of opposition to the Board and to the applicant no later than four days prior to the return date specified in the notice of application. Such notice must be served on the Board by leaving a true copy of same at the registered offices of the Board or by pre-paid registered post to the registered offices of the Board.
(11) Save by special leave of the Court, all applications under section 124 of the Act of 2004 must be heard on affidavit evidence or as may be determined by the Court.
(12) On the return date of the notice of application the Court may, if it does not hear and determine the application, proceed in accordance with Order 40C, rule 7.
Applications by authorised officers under section 148S
3. (1) An application by an authorised officer under section 148S(7) of the Act of 2004 for an order under section 148S(8) of the Act of 2004 must be made by way of notice of application.
(2) Applications under this rule must be brought in the court area in which the person in respect of whom the application is made resides or carries on any profession, trade or business.
(3) The notice of application must be in Form No. 40C.01, Schedule C, modified as appropriate to the case, and must:
(i) show on its face how or by whom the consent of the Board to the making of the application was given;
(ii) where the requirement to which the application relates was made in writing, have appended (to the original notice of application and to any copy of the notice of application served on the respondent) a true copy of the written requirement, and include particulars of service of the requirement on the respondent or delivery of the requirement to the respondent;
(iii) where the requirement to which the application relates was not made in writing, include particulars of the requirement and of how it was communicated to the respondent.
(4) The notice of application must be entitled in the matter of section 148S of the Residential Tenancies Act 2004 , as amended and must contain the name and address of the applicant as claimant and the name and address of the respondent.
(5) The return date of the notice of application must be not less than 21 days after the date on which the notice of application is issued.
(6) The respondent must be served not later than 21 days before the return date where service is by registered post or not less than seven days before the return date where service is effected personally.
(7) The original notice of application and a statutory declaration as to the service of the notice of application on the respondent must be lodged with the Clerk not later than four days before the return date.
Applications by authorised officers or the Board under Schedule 3
4. (1) An application:
(i) by an authorised officer for an order under paragraph 5 of Part I of Schedule 3 to the Act of 2004 for an order under that paragraph, or
(ii) by the Board for an order under paragraph 5 of Part 2 of Schedule 3 to the Act of 2004 for an order under that paragraph, must be made by way of notice of application.
(2) Applications under this rule must be brought in the court area in which the person required to attend the oral hearing ordinarily resides or carries on any profession, business or occupation.
(3) The notice of application must be in Form No. 40C.01, Schedule C, modified as appropriate to the case, and must have appended (to the original notice of application and to any copy of the notice of application served on the respondent) a true copy of the notice in writing issued to the respondent under paragraph 2 of Part 1 or, as the case may be, Part 2, of Schedule 3 to the Act of 2004, and include particulars of service of the notice on the respondent.
(4) The notice of application must be entitled in the matter of Part 1 or, as the case may be, Part 2, of Schedule 3 to the Residential Tenancies Act 2004 , as amended and must contain the name and address of the authorised officer or, as the case may be, the Board as claimant and the name and address of the respondent.
(5) The respondent must be served not later than 21 days before the return date where service is by registered post or not less than seven days before the return date where service is effected personally.
(6) The original notice of application and a statutory declaration as to the service of the notice of application on the respondent must be lodged with the Clerk not later than four days before the return date.
EXPLANATORY NOTE
(This note is not part of the Statutory Instrument and does not purport to be a legal interpretation.)
These rules amend Order 93C to provide for applications to the District Court, by authorising officers or the Residential Tenancies Board, in respect of landlords or other persons who refuse to co-operate with investigations or oral hearings, for orders to comply pursuant to Part 7A and Schedule 3 of the Residential Tenancies Act 2004 as amended by sections 28 and 35 respectively of the Residential Tenancies (Amendment) Act 2019