Dispute Resolution
Residential Tenancies Act
PART 6
Dispute Resolution
Chapter 1
Referral of matters to Board for resolution
Interpretation (Part 6).
75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.
(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), 77 or 195(4) or paragraph 8(2) of F156 [ Schedule 1 ] to this Act.
(3) For the purposes of subsection (2)“disagreement” shall be deemed to include—
( a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,
( b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),
and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord’s entitlement but which it is alleged the tenant has failed to pay.
(4) References in this Part to a party, without qualification, are references to—
( a) a party to the dispute or disagreement concerned,
( b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,
( c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,
( d) in the case of a complaint mentioned in section 76(4) , the licensee and the landlord, and
( e) in the case of a complaint mentioned in section 77 —
(i) the complainant, and
(ii) the landlord of the dwelling concerned.
Annotations
Amendments:
F156
Substituted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 17, S.I. No. 236 of 2019.
F157
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(a), (c), not commenced as of date of revision.
F158
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(b), not commenced as of date of revision.
Modifications (not altering text):
C53
Prospective affecting provision: subs. (2) and (4)(d) amended and subs. (4)(da) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34, not commenced as of date of revision.
(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2) , 76(4), F157 [ 76A , ] 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.
…
(4) …
( d) in the case of a complaint mentioned in section 76 (4) , the licensee and the F158 [ landlord, ]
F157 [ ( da ) in the case of a complaint mentioned in section 76A —
(i) the landlord and the tenant, or
(ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section,
and ]
…
C54
Subs. (4)(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) |
1. | section 75(4)(b) | section 23 | subsection (13) | |
… | … | … | … |
Right of referral by parties to tenancy and certain other persons.
76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.
(2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.
(3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.
(4) A licensee referred to in section 50(7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.
Annotations:
Modifications (not altering text):
C55
Application of subs. (4) restricted (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 32(8), S.I. No. 424 of 2021.
Application of Act of 2004
32. …
(8) Sections 50(8) and 76(4) of the Act of 2004 shall not apply to a person who is lawfully in occupation of a cost rental dwelling as a licensee of the tenant during the subsistence of a tenancy protected under Part 4 of that Act and who requests the landlord of the dwelling to allow him or her to become a tenant of the dwelling.
F159 [ Right of referral of complaint in respect of compliance with section 86(1)(a)
76A. … ]
Annotations
Amendments:
F159
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
Modifications (not altering text):
C56
Section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
F159 [ 76A. (1) This section applies where a matter has been referred to the Board for resolution (the ‘ original dispute ’ ) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i) , or as the case may be, a sub-tenant referred to in section 86(1)(a)(ii) , has failed to comply with section 86(1)(a) .
(2) ( a ) Without prejudice to the generality of section 76 or to section 78(1)(q) , or the obligation referred to in section 16(a) , a landlord may refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i) has failed to comply with section 86(1)(a) .
( b ) Without prejudice to the generality of section 76 or to section 78(1)(q) , or the obligation referred to in section 16(a) , a head-tenant may refer to the Board for resolution a complaint that the sub-tenant referred to in section 86(1)(a)(ii) has failed to comply with section 86(1)(a) .
(3) In this section —
‘ head-tenant ’ has the meaning assigned to it by paragraph 1 of the Schedule;
‘ sub-tenant ’ has the meaning assigned to it by paragraph 1 of the Schedule. ]
Editorial Notes:
E87
The section heading is taken from the amending section in the absence of one included in the amendment.
F160 [ Section 76A : supplemental provisions relating to adjudication and determination of dispute relating to complaint
76B. … ]
Annotations
Amendments:
F160
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
Modifications (not altering text):
C57
Section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.
F160 [ 76B. (1) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , arranged for the dispute to be the subject of adjudication —
( a ) when adjudicating, under section 97 , such dispute and without prejudice to section 97 , the adjudicator —
(i) shall have regard to the original dispute referred to in section 76A , and
(ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
and
( b ) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.
(2) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , referred it to the Tribunal —
( a ) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal —
(i) shall have regard to the original dispute referred to in section 76A , and
(ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,
and
( b ) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently. ]
Right of referral in respect of breach of duty
under section 15 .
77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.
F161 [ (1A) Without prejudice to subsection (1) , where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h) , the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15 . ]
(2) The conditions mentioned in subsection (1) are—
( a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and
( b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).
F161 [ (2A) The conditions mentioned in subsection (1A) are —
( a ) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and
( b ) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter —
(i) by communicating or attempting to communicate with the landlord or former landlord, or
(ii) by —
(I) requesting a person referred to in subsection (4) (in this section referred to as a ‘ subsection (4) person ’ ) to communicate with the landlord or former landlord on his or her behalf, and
(II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15 ,
and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted. ]
(3) For the purposes of facilitating the person’s compliance with subsection (2)(b) F161 [ or, as the case may be, subsection (2A)(b) ] , the Board may furnish to a person who proposes to make a reference under this section F161 [ or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made, ] the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.
F161 [ (4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request —
( a ) an owners ’ management company within the meaning of the Multi-Unit Developments Act 2011 ,
( b ) a body corporate, or
( c ) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents ’ association or a neighbourhood watch group,
to do either or both of the following on his or her behalf:
(i) to make the communication referred to in subsection (2A)(b) ;
(ii) to refer the complaint referred to in subsection (1A) to the Board.
(5) For the purposes of section 75(4)(e) , where, in accordance with this section, a subsection (4) person —
( a ) refers a complaint to the Board on behalf of a person referred to in section 15 , or
( b ) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15 ,
the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part. ]
Annotations
Amendments:
F161
Inserted (9.05.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 36, S.I. No. 216 of 2016.
Particular matters that may be referred (non-exhaustive list).
78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—
( a) the retention or refund of a deposit,
F162 [ ( aa ) any payment made to which section 19B applies. ]
( b) the amount that ought to be initially set (in compliance with section 19 F163 [ or, as the case may be, section 19A ] ) as the amount of rent under a tenancy,
( c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,
( d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,
( e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,
F164 [ ( f ) an allegation that the landlord has sought to —
(i) terminate a tenancy (other than a tenancy referred to in subsection (1A) of section 3 ) other than in accordance with Part 4 , or
(ii) terminate a tenancy referred to in subsection (1A) of section 3 other than in accordance with Part 5 , ]
( g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,
( h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,
( i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,
( j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,
( k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,
( l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,
( m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,
( n) an alleged failure by a person to comply with a determination order made by the Board,
( o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),
( p) an allegation that an agreement referred to in section 35(6) has not been complied with,
( q) a claim by a landlord for arrears of rent or other charges.
(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant’s tenancy arises whether or not such a dispute is also so referred by the head-tenant.
(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant’s—
( a) not having taken any issue with the head-landlord in relation to that matter, or
( b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or
( c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.
Annotations
Amendments:
F162
Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 15, commenced on enactment.
F163
Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 12, S.I. No. 151 of 2016.
F164
Substituted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 18, S.I. No. 354 of 2019.
F165
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).
F166
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).
F167
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).
Modifications (not altering text):
C58
Prospective affecting provision: subs. (1) amended, subs. (1)(a) substituted and subs. (1)(aa)-(ad) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37, not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).
78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, F165 [ where appropriate, and without prejudice to section 76A , complaints ] may be referred to the Board for resolution include—
F166 [ ( a ) without prejudice to the generality of paragraph (e) , failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i) , ]
F167 [ ( aa ) failure by —
(i) a landlord to comply with section 12(1)(d)(ii)(III) , or
(ii) a tenant to comply with section 16(o)(iii) ,
(ab ) the return of the deposit to one or both parties,
( ac ) failure by a party to the tenancy to comply with sections 148A , 148F(2) or 148I(3) ,
( ad ) any loss referred to in section 148I(6) , ]
C59
Subs. (1)(b), (c) 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) |
… | … | … | … | … |
2. | section 78(1)(b) | sections 19 or as the case may be 19A | subsections (2), (3)(a) and (4)(a) | A referral of any such dispute or complaint must be made before—(a) the date on which the tenancy is to begin, or (b) the expiry of 28 days from the date of the cost rental tenancy agreement |
3. | section 78(1)(c) | Part 3 | subsections (2), (3)(b), (4)(b) and (5) to (12) | A referral of any such dispute or complaint must be made before the expiry of 28 days from the receipt by the tenant of the rent review notice |
… | … | … | … | … |
Different matters may be the subject of a single reference.
79.—There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.
Annotations
Amendments:
F168
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 38, not commenced as of date of revision.
Modifications (not altering text):
C60
Prospective affecting provision: section designated as subs. (1) and subs. (2) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 38, not commenced as of date of revision.
79.— F168 [ (1) ] There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.
F168 [ (2) In the case of a complaint made under section 76A —
( a ) subsection (1) shall not apply to the complaint, and
( b ) the reference to the Board of a complaint made under section 76A shall not include any other dispute or complaint. ]
Time limit for referring particular type of dispute.
80.—A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after the period of 28 days has elapsed from the date of receipt of that notice.
Tenancies and subtenancies
: referral of disputes concerning their termination.
81.—(1) The purpose of this section is to—
( a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and
( b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.
(2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3), whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.
(3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.
(4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.
(5) If the tenant—
( a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or
( b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).
Withdrawal of matter referred to Board.
82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.
(2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.
(3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.
(4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.
(5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party F169 [ subject to subsection (6) , any costs referred to in subsection (7) ] incurred by that other party as it or he or she determines.
F170 [ (6) Any costs awarded under subsection (5) shall not exceed € 1,000.
(7) In subsection (5) , costs incurred by the other party includes costs or expenses —
( a ) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and
( b ) relating to the preparation of his or her case,
and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a) . ]
Annotations
Amendments:
F169
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(a), S.I. No. 119 of 2016.
F170
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(b), S.I. No. 119 of 2016.
Board not to deal with reference if fee not paid or tenancy not registered.
83.—(1) Subject to subsection (3), the Board shall not—
( a) deal initially with a dispute referred to it under this Part, or
( b) allow any other procedure under this Part to be followed in relation to a dispute referred to it under this Part,
if the fee of the specified amount prescribed by rules under section 109 in relation to that initial dealing or the following of that procedure has not been paid to it.
(2) Subject to subsection (3), the Board shall not deal with a dispute in relation to a tenancy referred to it under this Part by the landlord of the dwelling concerned if the tenancy is not registered under Part 7.
(3) The Board may, in the case of a default in payment of a particular fee or registration under Part 7 of a particular tenancy, notify the person or persons concerned of the default and afford the person or persons concerned a reasonable opportunity to rectify the matter; if the matter is rectified within a reasonable time the Board shall, subject to this Part, deal with the dispute or permit the other procedure to be followed in relation to it, as the case may be.
Further right of Board not to deal with certain references.
84.—(1) If the Board is of opinion that, in relation to a dispute referred to the Board—
( a) the dwelling, the subject of the dispute, is not a dwelling to which this Act applies,
( b) for any other reason, the dispute does not come within the Board’s jurisdiction (including by reason of a failure to comply with any condition for its being referred to the Board),
( c) proceedings in any court in respect of the subject matter of the dispute, would, were they to be capable of being instituted at the date of the reference, be statute-barred, or
( d) the matter or matters concerned are trivial F171 [ , frivolous ] or vexatious,
then the Board shall serve a notice on the party who referred the matter to it stating that it is of that opinion and, unless the party establishes, in accordance with the following subsections, that the opinion is not well founded, that it will not (subject to subsection (6)) deal with the matter.
(2) For the purposes of subsection (1), the notice referred to in that subsection shall state that the party concerned may, within a period specified in the notice, make submissions to the Board as to why the party considers the opinion of the Board is not well founded.
(3) The Board shall consider any submissions made to it by that party within the period specified in the notice concerned.
(4) Unless the Board decides that any such submissions establish that the opinion of the Board referred to in subsection (1) was not well founded, the Board shall not, subject to subsection (6), deal with the dispute referred to it; the other party or parties to the dispute shall be notified in writing of a decision made by the Board that that opinion was not well founded and shall be furnished by the Board, on request, with a copy of the foregoing submissions (or, if they were not written submissions, a written summary of them prepared by the Board).
(5) The party who referred the dispute concerned to the Board or, as the case may be, any other party to the dispute may appeal to the Circuit Court against a decision of the Board (made in consequence of the procedures under this section having been employed) not to deal with or, as appropriate, to deal with the dispute.
(6) On the hearing of such an appeal the Circuit Court may, as it thinks fit, allow the appeal and direct the Board to deal with or, as appropriate, not to deal with the dispute concerned or dismiss the appeal; an appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling is or was situated.
(7) For the purpose of subsection (1)(c), proceedings are statute-barred if a defence under the Statute of Limitations 1957 or any other limitation enactment is available in relation to them.
Annotations
Amendments:
F171
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 40, S.I. No. 119 of 2016.
Right of Tribunal or adjudicator not to deal with reference.
85.—(1) The Tribunal or an adjudicator shall, if the Tribunal or adjudicator is of opinion that paragraph (a), (b), (c) or (d) of section 84(1) applies to a dispute with which it or he or she is dealing, not deal any further with the dispute.
(2) Subsection (1) does not apply if—
( a) previously the Board, in consequence of the procedures under section 84 having been employed by it in relation to the dispute, decided that an opinion formed by it (being a like opinion to that subsequently formed by the Tribunal or adjudicator) in relation to the dispute was not well founded, or
( b) a decision of the Board, in consequence of those procedures having been employed by it, in relation to the dispute (being a decision of a like kind to the opinion subsequently formed by the Tribunal or adjudicator) was the subject of an appeal under section 84(5) and the Circuit Court, on that appeal, directed the Board to deal with the dispute.
Status of certain matters pending determination of dispute.
86.—(1) Subject to subsection (2), pending the determination of a dispute that has been referred to the Board (but subject to that determination when it is made)—
F172 [ ( a ) the rent payable —
(i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and
(ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i) , shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant, ]
( b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and
( c) a termination of the tenancy concerned may not be effected.
(2) Subsection (1) does not apply if—
( a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,
( b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,
( c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—
(i) before the dispute was referred to the Board for resolution, or
(ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,
or
( d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82, 83, 84 or 85.
(3) The dispute mentioned in subsection (2)(c) is a dispute relating to the validity of the notice of termination concerned or the right of the landlord or tenant, as appropriate, to serve it.
Annotations
Amendments:
F172
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 41, S.I. No. 119 of 2016.
Remedial action taken by party in certain cases to be disregarded.
87.—If a dispute referred to the Board relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.
Extension of time for referring disputes to Board.
88.—(1) The Board may, on application to it, extend the time limited by any provision of this or any other Part for the referral of a dispute to it for resolution F173 [ or an appeal under section 100 to the Tribunal against a determination of an adjudicator under section 97(4)(a) ] .
(2) The Board shall not extend the time concerned unless the applicant for the extension shows good grounds for why the time should be extended.
(3) The reference in this section to the time limited by any provision of this or any other Part for the referral of a dispute to the Board for resolution includes a reference to the time limited by such a provision for fulfilling any condition precedent that is required by the provision to be fulfilled before a particular dispute may be referred to the Board for resolution.
(4) An appeal shall lie to the Circuit Court (by the applicant for the extension or, as the case may be, any other party to the dispute concerned) against a decision of the Board under this section to, as appropriate—
( a) refuse to extend the time concerned, or
( b) extend the time concerned,
and, on the hearing of such an appeal, the Circuit Court may, as it thinks fit, confirm, vary or cancel the decision of the Board.
(5) An appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.
Annotations
Amendments:
F173
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(1) and sch., S.I. No. 119 of 2016.
Chapter 2
Relationship between Part and certain other dispute resolution mechanisms
Dispute subject of discontinued court proceedings may be subject of reference.
89.—For the avoidance of doubt, any dispute that has been the subject of proceedings instituted in any court before the commencement of this Part and which proceedings were discontinued by agreement of the parties after such commencement but before the court made its final determination in the matter may be the subject of a reference to the Board under this Part.
Arbitration agreement not effective to oust Board’s jurisdiction save in certain circumstances.
90.—(1) Notwithstanding any other enactment or any provision of the agreement itself, an arbitration agreement shall not operate to preclude a dispute to which the agreement applies from being referred to the Board for resolution unless the tenant at or after the time the dispute arises consents to the dispute being referred to arbitration.
(2) In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954.
Annotations
Editorial Notes:
E88
Arbitration Act 1954 (26/1954) repealed (8.06.2010) by Arbitration Act 2010 (1/2010), s. 4, commenced as per s. 1(2). Note the effect of Interpretation Act 2005 (23/2005), s. 26(f): ( f) a reference in any other enactment to the former enactment shall, with respect to a subsequent transaction, matter or thing, be read as a reference to the provisions of the new enactment relating to the same subject-matter as that of the former enactment, but where there are no provisions in the new enactment relating to the same subject-matter, the former enactment shall be disregarded in so far as is necessary to maintain or give effect to that other enactment.
Dispute may not be referred to Board where alternative remedy is being pursued.
91.—(1) To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.
(2) If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—
( a) to which that other person is a party, and
( b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,
then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.
Chapter 3
Preliminary steps by Board (include power to refer matter to Tribunal)
Initial steps that may be taken by Board to resolve matters referred.
92.—(1) As soon as practicable after a dispute is referred to it, the Board may communicate with the parties for the purpose of—
( a) endeavouring to ensure that they are fully aware of the nature of the issue or issues the subject of the reference, and
( b) in cases where it considers the dispute is due to some basic misunderstanding of either or both of them as to the rights or obligations of landlords and tenants, achieving the objective mentioned in subsection (2).
(2) That objective is to have the issue or issues between the parties resolved by agreement between them without recourse being needed to the other procedures in this Part.
(3) Without prejudice to the generality of subsection (1), the communications by the Board under this section with the parties may, where it would be of assistance to the parties, include an indication by the Board, based on appropriate assumptions stated to the parties, of the typical outcome of issues of the kind concerned being determined under this Part.
(4) Any such indication shall be communicated by the Board as fully to one of the parties as the other or others and the Board, in its communications generally with the parties under this section, shall bear in mind the right of the parties to invoke all of the procedures under this Part that are available to them.
Invitation to parties to resolve matter through mediation.
93.—(1) Unless the steps (if any) taken under section 92 have resulted in the parties agreeing a resolution of the matter concerned, the Board shall request each of the parties to state whether he or she consents to the dispute being the subject of mediation under section 95 .
(2) If each of the parties states, in response to that request, that he or she consents to the dispute being the subject of such mediation the Board shall arrange for the matter to be the subject of mediation by a person appointed by it from amongst the panel of mediators under section 164(4) .
F174 [ (2A) F175 [ … ] ]
(3) If any of the parties fails to respond to a request under subsection (1) or responds by stating that he or she does not consent to the matter concerned being the subject of mediation under section 95 , the Board shall arrange for the matter to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4) .
(4) This section is subject to section 94 .
Annotations
Amendments:
F174
Inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 42(1), S.I. No. 4 of 2016, subject to transitional provision in subs. (2).
F175
Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 19, S.I. No. 236 of 2019, subject to transitional provision in subs. (2).
Editorial Notes:
E89
Previous affecting provision: subs. (2A) inserted (8.01.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 42(1), S.I. No. 4 of 2016, subject to transitional provision in subs. (2); deleted as per F-note above.
Exceptions to section 93 :
direct reference of matter to Tribunal, etc.
94.—Notwithstanding section 93 , the Board shall not be required to arrange for—
( a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—
(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4) , or
(ii) refer the dispute to the Tribunal,
or
( b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.
Annotations
Amendments:
F176
Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.
Modifications (not altering text):
C61
Prospective affecting provision: para. (aa) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.
F176 [ ( aa ) mediation of the kind mentioned in that section in relation to a complaint referred to in section 76A in which case the Board may, as it thinks appropriate —
(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4) , or
(ii) refer the dispute to the Tribunal, ]
Chapter 4
Mediation and adjudication
Mediation.
95.—(1) The following provisions apply to a mediation which the Board has arrange under section 93 in relation to a dispute.
(2) The person appointed under section 93(2) to conduct the mediation (“the mediator”) shall inquire fully into each relevant aspect of the dispute concerned, provide to, and receive from, each party such information as is appropriate and generally make such suggestions to each party and take such other actions as he or she considers appropriate with a view to achieving the objective mentioned in subsection (3).
(3) That objective is to have the issue or issues between the parties resolved by agreement between them without further recourse to the procedures under this Part being needed.
(4) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following—
( a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,
( b) a summary of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties (and this summary shall be contained in a document signed by each of the parties acknowledging that the matter or those matters are agreed to by them), and
( c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the F177 [ persons who participated in ] any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).
(5) The mediator shall, after preparing a report under subsection (4), furnish a copy of it to the F179 [ Board ].
F180 [ (5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than 10 days from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it.
(5B) In this section and section 96 , the ‘ date of the completion of the mediation ’ means —
( a ) the date that the document referred to in subsection (3)(b) is signed by each of the parties, or
( b ) where the document is signed by the parties on different dates, the later of those dates. ]
(6) F181 [ … ]
Annotations
Amendments:
F177
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016.
F178
Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, S.I. No. 266 of 2018.
F179
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(2), S.I. No. 119 of 2016.
F180
Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(3), S.I. No. 119 of 2016.
F181
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(4), S.I. No. 119 of 2016.
Editorial Notes:
E90
Previous affecting provision: subs. (5) substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 1, S.I. No. 266 of 2018; substituted as per F-note above.
E91
Previous affecting provision: subs. (5) substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 44(1), (2), S.I. No. 119 of 2016; substituted as per F-note above.
F182 [
Procedures to be followed by Board following report of mediator
96. (1) Where —
( a ) the report furnished to the F183 [ Director ] under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,
( b ) a period of 10 days has elapsed from the date of the completion of the mediation, and
( c ) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board,
F183 [ the Director shall prepare ] a determination order under section 121 in respect of the dispute.
(2) Where —
( a ) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and
( b ) the report furnished F183 [ to the Director ] under section 95(5) states that —
(i) there is no agreement between the parties that has resolved the dispute,
(ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or
(iii) there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board under section 95(5A) ,
the Board shall refer the dispute to the Tribunal.
(2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the commencement of this section. ]
Annotations
Amendments:
F182
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 45, S.I. No. 119 of 2016, subject to transitional provision in subs. (2).
F183
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. 2-4, S.I. No. 266 of 2018.
Adjudication.
97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) or 94(a) in relation to a dispute.
(2) The person appointed under section 93(3) or 94(a) to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.
(3) For that purpose, the adjudicator may require either party to furnish to him or her, within a specified period, such documents or other information as he or she considers appropriate.
(4) The adjudicator shall determine the dispute by either—
( a) reaching a decision himself or herself in the matter, or
( b) subject to section 98 , declaring to the parties that he or she has adopted, as his or her determination of the dispute, a decision reached (through the adjudicator’s assistance under subsection (5)) by the parties themselves in resolution of the matter,
and the reference in paragraph (a) to the adjudicator’s reaching a decision in the matter shall be deemed to include a reference to his or her deciding not to deal with the dispute in accordance with section 85 .
(5) Where the adjudicator considers it would be of practical benefit, the adjudicator may provide assistance to the parties with a view to the parties themselves reaching a decision in resolution of the matter concerned; such assistance may include the adjudicator’s stating to the parties any provisional conclusion he or she has reached in relation to any of the issues concerned.
(6) Any statement of such a conclusion shall—
( a) not be made in relation to any issue of fact which is in dispute between the parties, unless the parties request the making of such a statement,
( b) not be made before every document submitted to the adjudicator by the parties and any initial oral submissions made by them have been considered by the adjudicator, and
( c) be accompanied by a statement, whether oral or in writing, that the conclusion is of a provisional nature and its making does not absolve the adjudicator of his or her duty to determine the dispute impartially and in accordance with the requirements of procedural fairness.
(7) The adjudicator may, in his or her discretion, permit another person to appear on a party’s behalf at any hearing before the adjudicator.
Annotations
Amendments:
F184
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 46, not commenced as of date of revision.
Modifications (not altering text):
C62
Prospective affecting provision: subss. (1) and (2) amended by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 46, not commenced as of date of revision.
97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) F184 [ , 94(a) or 94(aa) ] in relation to a dispute.
(2) The person appointed under section 93(3) F184 [ , 94(a) or 94(aa) ] to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.
“Cooling-off” period
for purposes of section 97(4)(b) .
98.—(1) A decision reached by the parties themselves in resolution of the matter concerned may not be the subject of a declaration under section 97(4)(b) unless—
( a) a period of F185 [ 10 days ] has elapsed from the date on which the parties first inform the adjudicator that such a decision has been reached by them, and
( b) in that period none of the parties has informed the adjudicator that he or she no longer accepts that decision.
(2) If, in the period mentioned in subsection (1), the adjudicator is informed by any of the parties that he or she no longer accepts the decision mentioned in that subsection, the adjudicator shall, subject to conducting any further hearings in the matter as he or she thinks appropriate, proceed to reach a decision himself or herself in the matter.
(3) The adjudicator shall indicate to the parties the effect of this section upon being first informed by them that a decision has been reached by them in resolution of the matter concerned.
(4) That indication of the adjudicator shall also include an indication that the decision reached is not capable of being appealed to the Tribunal and shall become binding on the parties on a determination order under section 121 being made in relation to it.
Annotations
Amendments:
F185
Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 47, S.I. No. 119 of 2016.
Adjudicator’s report.
99.—(1) As soon as practicable after an adjudicator has made a determination under section 97 in relation to a dispute, the adjudicator shall prepare a report containing the following—
( a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,
( b) a summary of the matters (whether they go in whole or part to resolving the dispute or not) agreed to by the parties,
( c) the terms of the determination made by the adjudicator,
( d) in the case of a determination under section 97(4)(a) , a summary of the reasons for the determination, and
( e) relevant particulars in relation to the conduct of the adjudication (including particulars in relation to the number and duration of hearings held by the adjudicator, the persons who attended any such hearing and any documents submitted to the adjudicator).
(2) The adjudicator shall, after preparing a report under subsection (1), furnish a copy of it to the Board.
(3) After the receipt by it of a report under subsection (2), the Board shall serve on each of the parties a copy of the report and the following statement.
(4) That statement is one to the effect that the F186 [ Director ] will follow the procedures under section 121 (which concerns the making of determination orders) in relation to the determination of the adjudicator unless, in the case of a determination under section 97(4)(a) , an appeal is made under, and in accordance with, section 100 against the determination and that appeal is not subsequently abandoned.
Annotations
Amendments:
F186
Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. no. 5, S.I. No. 266 of 2018.
Appeal to Tribunal against adjudicator’s determination.
100.—(1) One or more of the parties may appeal to the Tribunal against a determination of an adjudicator under section 97(4)(a) .
(2) Such an appeal shall be made within F187 [ 10 working days ] from the date the Board serves on the party the report and statement referred to in section 99(3) .
Annotations
Amendments:
F187
Substituted (17.01.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 43, S.I. No. 7 of 2017.
Provisions common to mediators and adjudicators.
101.—(1) In respect of a matter dealt with by him or her under this Chapter, the mediator or adjudicator shall—
( a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought reasonably be aware,
( b) act at all times in accordance with the highest standards of the professional body, if any, of which he or she is a member,
( c) maintain the confidentiality of the proceedings concerned and shall not disclose any report prepared by him or her under section 95(4) or 99, otherwise than in accordance with those sections.
(2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless the parties agree to the mediator or the adjudicator continuing to deal with the matter, the Board shall appoint another person from amongst the panel of mediators or adjudicators under section 164(4) to deal with the matter.
(3) References in this Part to the person appointed under section 93(2) or (3) or section 94(a) to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).
(4) Subject to any rules under section 109 , the manner in which a mediation or adjudication is conducted shall be at the discretion of the mediator or adjudicator concerned but it shall be the duty of that person to ensure that the mediation or adjudication is conducted without undue formality.
Annotations
Amendments:
F188
Substituted by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.
Modifications (not altering text):
C63
Prospective affecting provision: subs. (3) amended by Residential Tenancies (Amendment) Act 2015 (42/2016), s. 48, not commenced as of date of revision.
(3) References in this Part to the person appointed under section 93(2) or (3) or F188 [ 94(a) or 94(aa) ] to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).
Chapter 5
Tenancy Tribunal
Tenancy Tribunals and the “Tribunal”.
102.—(1) From time to time as occasion requires the Board shall cause to be constituted, for the purposes of this Part, one or more tribunals which or each of which shall be known as a “Tenancy Tribunal”.
(2) A reference in section 103 or any other provision of this Act to the “Tribunal” is a reference to whichever of the tribunals constituted under this section the provision concerned falls to be applied.
Annotations
Editorial Notes:
E92
Tenancy Tribunals constituted under section deemed to have been validly constituted (28.01.2009) by Residential Tenancies (Amendment) Act 2009 (2/2009), s. 2(1)(b), commenced on enactment.
Membership of Tribunal, etc.
103.—(1) The number of members of the Tribunal shall be 3.
(2) Each of the members of the Tribunal shall be a person who is, for the time being, a member of the Dispute Resolution Committee.
(3) The members of the Tribunal shall be appointed by the Board.
(4) One of the members of the Tribunal shall be the chairperson of the Tribunal; F189 [ … ] the Board shall determine which of the members shall be the chairperson.
(5) F189 [ … ]
(6) The Tribunal shall be independent in the performance of its functions.
(7) A decision of a majority of the members of the Tribunal suffices for any purpose.
Annotations
Amendments:
F189
Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 49, S.I. No. 119 of 2016.
F190
Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(a), not commenced as of date of revision.
F191
Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(b), not commenced as of date of revision.
Modifications (not altering text):
C64
Prospective affecting provision: subs. (1) substituted and subss. (1A)-(1D) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44, not commenced as of date of revision.
103.— F190 [ (1) Subject to subsection (1A), the number of members of the Tribunal shall be 3. ]
F191 [ (1A) ( a) In respect of such matters as may be prescribed, the Tribunal shall, except where subsection (1B)applies, be composed of one member.
( b) Without prejudice to the generality of paragraph (a), prescribed matters for the purposes of that paragraph may include any of the following matters:
(i) the retention or refund of a deposit;
(ii) the amount that ought to be initially set (in compliance with section 19or 19A, as the case may be) as the amount of rent under a tenancy;
(iii) the time at which a review of rent referred to in Part 3should take place or the amount of rent that should be determined on foot of that review;
(iv) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement;
(v) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement;
(vi) a claim by a landlord for arrears of rent or other charges.
( c) There may be included in the same reference to a Tribunal to which this subsection relates disputes and, where appropriate, complaints, in respect of 2 or more matters prescribed for the purposes of this subsection.
(1B) ( a) Where —
(i) a matter that consists of or includes a dispute is referred to the Tribunal, and that Tribunal is composed of one member, and
(ii) the Tribunal, at any stage, considers that in the particular circumstances it would be appropriate to adjourn the hearing by it of the matter and request the Board to refer the dispute or complaint to a Tribunal composed of 3 members,
then the Tribunal may so refer the matter to the Board accordingly.
( b) Where the Board is requested under paragraph (a)to refer a matter, that consists of or includes a dispute, to a Tribunal, it may refer the matter to a Tribunal composed of 3 members.
(1C) Where the Tribunal is composed of one member, then subsections (4)and (7)do not apply to that Tribunal.
(1D) Where, in the same reference to a Tribunal, there is included disputes or complaints, in respect of 2 or more matters, and one or more of those disputes or complaints is not prescribed for the purposes of this subsection, the Board shall refer the matter to a Tribunal composed of 3 members. ]
……..
Limitation on certain disputes being the subject of court proceedings.
182.—(1) On and from the commencement of Part 6, proceedings may not be instituted in any court in respect of a dispute that may be referred to the Board for resolution under that Part unless one or more of the following reliefs is being claimed in the proceedings—
( a) damages of an amount of more than €20,000,
( b) recovery of arrears of rent or other charges, or both, due under a tenancy of an amount, or an aggregate amount, of more than €60,000 or such lesser amount as would be applicable in the circumstances concerned by virtue of section 115(3)(b) or (c)(ii).
(2) In this section “dispute” has the same meaning as it has in Part 6.
Jurisdiction in aid of Part 6 resolution procedure.
189.—(1) In this section “dispute” means a dispute falling within the jurisdiction of the Board under Part 6.
(2) The following provisions have effect if the circumstances giving rise to or involving the dispute are such that, were proceedings in the Circuit Court to be brought in relation to the dispute, it would be appropriate to apply to that court for interim or interlocutory relief in the matter.
(3) On being requested by the person (the “referrer”) who has referred or is referring a dispute to it to do so, the Board may apply, on the referrer’s behalf, to the Circuit Court for such interim or interlocutory relief in the matter as the Board considers appropriate.
(4) In deciding whether to accede to such a request the Board may have regard to—
( a) the merits, as they appear to it, of the referrer’s contentions that will be dealt with by an adjudicator or the Tribunal,
( b) the amount of damages the Board is likely to have to pay to the respondent to the application (on foot of an undertaking required of it by the court to pay such damages) in the event such damages have to be paid, but the Board’s opinion—
(i) that those contentions of the referrer are unlikely to be accepted by an adjudicator or the Tribunal, or
(ii) that the amount of those damages is likely to be substantial,
shall, in neither case, and without prejudice to subsection (5) be conclusive in favour of the Board’s refusing to accede to the request if, in all the circumstances, the Board considers that it ought to accede to it.
(5) The fact of the Board’s being of the opinion referred to in subsection (4)(ii) shall not be taken into account by it in deciding whether to accede to a request under subsection (3) if the referrer undertakes to defray in whole the amount of damages the Board may become liable to pay in the circumstances mentioned in subsection (4) and the Board is satisfied the referrer has the means to be able to comply with that undertaking.
(6) On application to the Circuit Court by the Board under this section, the Circuit Court may grant such interim or interlocutory relief in the matter as it thinks appropriate.
Section 189 :
supplemental provisions.
190.—(1) For the purpose of section 189 there is, by virtue of this section, vested in the Circuit Court, with the modifications specified in subsection (2), the jurisdiction vested in that court with respect to the grant, variation and discharge of interim or interlocutory relief in proceedings brought in that court in respect of any matter.
(2) The modifications mentioned in subsection (1) are that the rules of law (including those of equity) and enactments relating to the foregoing jurisdiction shall be construed and operate so as to enable the Circuit Court to—
( a) provide that any interlocutory relief granted by it, on foot of an application under section 189 , may have effect until the final determination of the dispute concerned under Part 6,
( b) F343 [ … ]
(3) Costs the subject of such an award may be taxed in the same manner as costs the subject of an award made by the Circuit Court.
Annotations
Amendments: