Dispute Procedure
Residential Tenancies Act
Chapter 6
Dispute resolution by Tribunal
Determination of disputes by Tribunal: procedures generally.
104.—(1) This section and the other sections of this Chapter contain the principal provisions regarding the procedures to be adopted by the Tribunal in relation to the determination by it of a dispute, whether that dispute—
( a) has been referred to it by the Board under section 94 (which provides for the direct reference of a matter without mediation or adjudication taking place in relation to it),
( b) has been referred to it by the Board under F192 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), or
( c) is the subject of an appeal under section 100 from a determination of an adjudicator of the matter.
(2) The Tribunal shall hold one or more hearings for the purposes of determining the dispute.
(3) The parties to the dispute shall be given by the Tribunal notice (to be of the duration specified in subsection (5)) of the holding of a hearing.
(4) The following information shall be included in such a notice—
( a) the date, time, venue and purpose of the hearing,
( b) an outline of the substance of the matters to be dealt with at the hearing,
( c) an outline of the procedures to be adopted at the hearing,
( d) a reference to the provisions of this Act and any rules made under it that are relevant to the holding of the hearing,
( e) a statement that the Tribunal will, unless substantial grounds arise for its deciding to do otherwise, proceed with the hearing at the date and time concerned notwithstanding that a party does not attend the hearing,
( f) a statement that the Tribunal will determine the dispute notwithstanding that a party does not take part in the proceedings before the Tribunal, and
( g) any other information the Tribunal considers appropriate.
(5) The duration of the notice under subsection (3) shall be—
( a) at least 21 days beginning on the date of the giving of the notice, or
( b) such lesser period as the Board may specify where—
(i) one or more of the parties requests the Board to specify such a period and the other party or parties consent to such F192 [ a specification, ]
(ii) the dispute concerns alleged behaviour by the landlord or the tenant that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling concerned or the property containing F192 [ that dwelling, or ]
F193 [ (iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship. ]
(6) Each of the parties shall be entitled to and be given the opportunity to be heard at the hearing and to be represented and to present evidence and witnesses before the Tribunal.
(7) In the case of an appeal under section 100 , the Tribunal may have regard to the report of the adjudicator.
Annotations
Amendments:
F192
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(a), (b)(i), (ii), S.I. No. 119 of 2016.
F193
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(b)(iii), S.I. No. 119 of 2016.
F194
Deleted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.
F195
Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.
F196
Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.
Modifications (not altering text):
C65
Prospective affecting provision: subs. (1)(b), (c) amended and (d) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.
( b) has been referred to it by the Board under F192 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), F194 [ … ]
( c) is the subject of an appeal under section 100 from a determination of an adjudicator of F195 [ the matter, or ]
F196 [ ( d ) has been referred to it by the Board under section 103(1B) . ]
Provisions in relation to evidence, summoning of witnesses, etc.
105.—(1) The Tribunal may require that the evidence of a witness before it be given on oath.
(2) Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.
(3) For the purposes of its functions under this Part, the Tribunal may—
( a) summon witnesses to attend before it,
( b) administer an oath, and
( c) require any person to produce to the Tribunal any document in his or her power or control.
(4) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
(5) Any person who—
( a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,
( b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or
( c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,
is guilty of an offence.
(6) The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—
( a) that will be incurred by a person summoned to attend before it in so attending, or
( b) that have been incurred by a person summoned to attend before it in so attending,
shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.
Proceedings to be in public.
106.—(1) Proceedings before the Tribunal shall be conducted in public; this is without prejudice to an order that may be made under subsection (2).
(2) In the particular circumstances of a case, if the Board considers it appropriate to do so, it may make an order directing that the identities of all or one or more of the parties to a dispute over which the Tribunal has jurisdiction shall not be disclosed.
(3) A person who contravenes an order under subsection (2) is guilty of an offence.
Annotations
Modifications (not altering text):
C66
Application of subs. (1) restricted () by Planning and Development, and Residential Tenancies, Act 2020 (27/2020), s. 16, in effect as per s. 1(3).
Proceedings before Tenancy Tribunal under Act of 2004
16. Subsection (1) of section 106 of the Act of 2004 shall not have effect during the period from 11 January 2021 to 12 April 2021.
Editorial Notes:
E93
Previous affecting provision: application of subs. (1) restricted to 10 January 2021 (1.08.2020) by Residential Tenancies and Valuation Act 2020 (7/2020), s. 8, commenced on enactment; expired.
E94
Previous affecting provision: application of subs. (1) restricted for emergency period (27.03.2020 to 27.06.2020, extended to 20.07.2020 and to 1.08.2020) by Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), s. 7, commenced on enactment, extended by S.I. No. 224 of 2020 and S.I. No. 254 of 2020; expired.
Adjournments of hearing.
107.—The Tribunal may adjourn the hearing by it of a matter until a date specified by it.
Determination by Tribunal of dispute and notification to Board.
108.—(1) Unless it has sooner made a determination of the kind specified in subsection (2), the Tribunal shall, on completion of its hearing in relation to the dispute, make its determination in relation to the dispute and notify the Board of that determination.
(2) The determination firstly mentioned in subsection (1) is a decision by the Tribunal not to deal with the dispute in accordance with section 85 ; such a determination shall be notified to the Board by the Tribunal.
Chapter 7
Supplementary procedural matters
Power of Board to make procedural rules.
109.—(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.
(2) Without prejudice to the generality of subsection (1), rules under this section may—
( a) specify the forms to be used for referring a dispute to the Board under this Part,
( b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,
( c) specify that a fee of specified amount shall be paid to the Board in respect of the Board’s initially dealing with a dispute or the following of any other procedure under this Part in relation to it F197 [ … ],
( d) specify the period within which—
(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) to deal with or determine a dispute referred to the Board,
(ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,
(iii) F198 [ … ]
(iv) the Board must serve the documents referred to in section 99(3) on each of the parties,
(v) a dispute must be referred under section 94, F199 [ 96(2) ] or 100 to the Tribunal,
(vi) F200 [ the Director must, from the date of receipt by the Board ] of a determination of an adjudicator under section 97(4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,
(vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,
(viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,
(ix) F200 [ the Director must, from the date of receipt by the Board ] of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and
(x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.
(3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.
Annotations
Amendments:
F197
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 20, S.I. No. 236 of 2019.
F198
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(c), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
F199
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(d), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
F200
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. 6, 7, S.I. No. 266 of 2018.
F201
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.
Modifications (not altering text):
C67
Prospective affecting provision: subs. (2)(d)(i) amended by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.
(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) F201 [ or 94(aa) ] to deal with or determine a dispute referred to the Board,
Editorial Notes:
E95
Previous affecting provision:subs. (2)(c) amended (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(a), S.I. No. 119 of 2016, subject to transitional provision in subs. (2); amendment deleted as per F-note above.
Title to lands or property not to be drawn into question.
110.—The title to any lands or property shall not be drawn into question in any proceedings before a mediator, an adjudicator or the Tribunal under this Part.
Power to enter and inspect dwelling.
111.—(1) Subject to subsection (3), a mediator, an adjudicator or a member of the Tribunal or the Board who is dealing with a dispute under this Part may, for the purposes of his or her functions under this Part, enter and inspect any dwelling to which the dispute relates.
(2) The powers under subsection (1) may be exercised in relation to a dwelling to which a dispute relates even though the dwelling is occupied by a person who takes no part in the proceedings concerned or initially takes part in them but subsequently withdraws from them.
(3) The powers under subsection (1) shall not, without the consent of that person, be exercised in relation to a dwelling occupied by a person referred to in subsection (2) unless, at least 24 hours before the date on which the person concerned intends to exercise those powers, he or she serves on the first-mentioned person a notice of that intention.
(4) A person mentioned in subsection (1) may authorise in writing a person who he or she is satisfied has an expertise in any area relevant to the dispute concerned (for example, engineering, valuation or surveying) to exercise the powers under that subsection in relation to the dwelling concerned; a person so authorised shall, if requested, produce to any person concerned his or her authorisation under this subsection before exercising the powers under subsection (1).
(5) A person who obstructs or impedes a person mentioned in subsection (1), or a person authorised under subsection (4), in the exercise of his or her powers under this section is guilty of an offence.
Obligations of confidentiality.
112.—(1) A mediator or adjudicator shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator or adjudicator in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.
(2) The conditions referred to in subsection (1) are—
( a) the person who makes the statement or supplies the information consents to its disclosure,
( b) the mediator or adjudicator has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,
( c) the disclosure is for the purpose of proceedings for an offence under section 113 ,
( d) it would not be possible for the mediator or adjudicator to deal with or determine the dispute concerned without disclosing the statement or information.
(3) A statement or information is of a confidential nature for the purposes of subsection (1) if—
( a) it was expressed to be of such a nature by the maker or supplier of it to the mediator or adjudicator, or
( b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator or adjudicator ought reasonably to have concluded that it was of such a nature.
(4) A person who contravenes subsection (1) is guilty of an offence.
Offence of providing false information to Board.
113.—A person is guilty of an offence if—
( a) he or she makes a statement or supplies information to an adjudicator, the Tribunal or the Board in connection with the performance by the adjudicator, Tribunal or Board of his or her or its functions under this Part in relation to a dispute,
( b) that statement or information is false or misleading in a material respect, and
( c) the person knows that that statement or information is so false or misleading.
Certain proceedings and acts privileged.
114.—(1) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator for the purposes of, or in connection with, proceedings under this Part dealt with by it or him or her shall, for the purposes of the law of defamation, enjoy absolute privilege.
(2) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator that does not fall within subsection (1) but which is prepared or made for the purposes of, or in connection with, the performance by it or him or her of functions under this or any other Part of this Act shall, for the purposes of the law of defamation, enjoy qualified privilege.
F202 [ Publication of certain statistics by Board
114A. The Board shall publish statistics, including average waiting times and such other statistics as may be prescribed, in relation to the performance of its functions under section 151(1)(a) in respect of each successive period of 3 months in every calendar year. ]
Annotations
Amendments:
F202
Inserted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 46, commenced as per s. 1(3)(b).
Editorial Notes:
E96
The section heading is taken from the amending section in the absence of one included in the amendment.
Oral Hearing conducted by authorised officer
pursuant to section 148S(15)
1. The authorised officer conducting the oral hearing for the purposes of an investigation may take evidence on oath, and the administration of such an oath by the authorised officer is hereby authorised.
2. The authorised officer may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the investigation or to produce any relevant documents within his or her possession or control or within his or her procurement.
3. Subject to paragraph 4 , a person required to attend under paragraph 2 may be examined and cross-examined at the oral hearing.
4. A person required to attend under paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.
5. Where a person required to attend under paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the authorised officer may apply in a summary manner to the District Court on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.
6. The jurisdiction of the District Court in respect of an application referred to in paragraph 5 may be exercised by a judge of the District Court for the time being assigned to the District Court district where the person required to attend the oral hearing ordinarily resides or carries on any profession, business or occupation.
7. The oral hearing shall be held otherwise than in public.
8. The authorised officer may, with the consent of the Board and out of moneys at its disposal, direct that the whole or part of the reasonable travelling and subsistence expenses that will be or have been incurred by a person required to attend under paragraph 2 in so attending, shall, as the authorised officer thinks appropriate, be paid to the person required to attend whether prior to attending or by way of reimbursement. ]
Annotations
Amendments:
F349
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 35, S.I. No. 286 of 2019.
F350 [ PART 2
Oral Hearing conducted by decision maker
pursuant to section 148X(6) or (7)
1. The decision maker, in conducting the oral hearing for the purposes of assisting him or her to make a decision under section 148X(4) or 148X(5) or for the purposes of observing fair procedures, may take evidence on oath, and the administration of such an oath by the decision maker is hereby authorised.
2. The decision maker may by notice in writing require any person to attend the oral hearing at such time and place as is specified in the notice to give evidence in respect of any matter in issue in the making of the decision under section 148X(4) or 148X(5) or to produce any relevant documents within the possession or control of the person summoned or within his or her procurement.
3. Subject to paragraph 4 , a person required to attend under paragraph 2 may be examined and cross-examined at the oral hearing.
4. A person referred to in paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court.
5. Where a person required to attend under paragraph 2 does not comply or fully comply with a requirement referred to in that paragraph, the Board may apply in a summary manner to the District Court on notice to that person, for an order requiring the person to comply or fully comply, as the case may be, with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order.
6. The jurisdiction of the District Court in respect of an application referred to in paragraph 5 may be exercised by a judge of the District Court for the time being assigned to the District Court district where the person required to attend the oral hearing ordinarily resides or carries on any profession, business or occupation.
7. The oral hearing shall be held otherwise than in public.
8. The decision maker may, with the consent of the Board and out of moneys at its disposal, direct that the whole or part of the reasonable travelling and subsistence expenses that will be or have been incurred by a person required to attend under paragraph 2 in so attending, shall, as the authorised officer thinks appropriate, be paid to the person required to attend whether prior to attending or by way of reimbursement. ]
Annotations
Amendments:
F350
Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 35, S.I. No. 286 of 2019.