(i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned, (ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or (iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).
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(5)Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).
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(6)For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.
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(7)In this section a reference to the doing of an act includes the making of an omission.
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Section 52 Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies
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For the avoidance of doubt, neither— (a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor (b) the death of that tenant, of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.
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Section 53 No separate Part 4 tenancy to arise in multiple tenant's favour
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The conferral of the benefit of the protections under this Part on a person referred to in section 50(2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.
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Chapter 7 – Miscellaneous
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Section 54 No contracting out from terms of Part permitted
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(1)No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.
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(2)This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).
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Section 55 Protection under this Part and long occupation equity
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(1)For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)(b) of the Landlord and Tenant (Amendment) Act 1980.
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(2)A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.
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Section 56 Damages for abuse of section 34 termination procedure
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(1)This section applies where— (a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a), (b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34, and (c) (i) in case the ground cited is that specified in paragraph 3 of that Table— (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein, (II) the notice of termination is not accompanied by the statutory declaration referred to in section 35, or (III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied, (ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph, (iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph, (iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
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(2)Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.
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(3)An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make— (a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession, (b) subject to section 118, a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or (c) subject to section 118, a determination comprising both of the foregoing directions.
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(4)Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1).
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(5)If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.
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(6)For the avoidance of doubt— (a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and (b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.
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TABLE (c) (i) in case the ground cited is that specified in paragraph 3 of that Table— (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or (II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied, (ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph, (iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph, (iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.
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Chapter 1 – Scope of Part and interpretation provisions
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Section 57 Purpose of Part
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The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is— (a) one to which this Act applies but to which Part 4 does not apply (by reason of the operation of sections 3(7)(c) or 25), or (b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).
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Section 58 Termination of tenancies restricted to means provided by this Part
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(1)From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.
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(2)Accordingly, the termination by the landlord or the tenant of— (a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, … (b) a tenancy to which section 25 applies, or (c) a tenancy of a dwelling referred to in subsection (1A) of section 3. must be effected by means of a notice of termination that complies with this Part.
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(3)Each of the following— (a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination), (b) a tenancy referred to in subsection (2)(b), and (c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4 (but subject to subsection (4) where the tenancy is a tenancy referred to in subsection (1A) of section 3), shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).
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(4)Notwithstanding the application of subsection (3) to a tenancy referred to in subsection (1A) of section 3, such a tenancy shall also be construed as including a term enabling its termination by the tenant, by means of a notice of termination that complies with this Part, during the period beginning on 1 May and ending on 1 October in any year, whether or not there has been failure by the landlord to comply with any obligations of the tenancy.
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Section 59 Exclusion of existing rules and enactments
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Subject to section 60, neither— (a) any rule of law, nor (b) provision of any enactment in force immediately before the commencement of this Part, which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.
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Section 60 Greater notice periods not affected
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If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65(4), that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.
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Section 61 Construction of certain references to periods of notice and duration of tenancies
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(1)A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.
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(2)A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.
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Chapter 2 – What a valid notice of termination must contain
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Section 62 Requirements for a valid notice of termination
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(1)A notice of termination to be valid shall— (a) be in writing, (b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant, (c) specify the date of service of it, (d) be in such form (if any) as may be prescribed, (da) if Part 4 does not apply to the tenancy, including where the duration of the tenancy is a period of not more than 6 months, state (where the termination is by the landlord) that the reason for the termination of the tenancy is one or more of the following: (i) the same as the ground specified in paragraph 1 of the Table to section 34; (ii) the same as the ground specified in paragraph 1A of the Table to section 34; (iii) the same as the ground specified in paragraph 2 of the Table to section 34; (iv) reasons other than the grounds referred to in subparagraph (i), (ii) or (iii), (e) if the duration of the tenancy is a period of more than 6 months, or the tenancy is a further Part 4 tenancy, state (where the termination is by the landlord) the reason for the termination, (f) specify the termination date, that is to say, the day (stating the month and year in which it falls)— (i) on which the tenancy will terminate, and (ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession), and (g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within the period referred to in paragraph (a) or (b), as appropriate, of section 80. (1A) Where a notice of termination is served by a landlord, the landlord shall serve a copy of the notice on the Board on the same day on which the notice is served on the tenant, and where the copy is not so served the notice shall be invalid. (1B) The Board shall, upon receiving a copy of a notice of termination under subsection (1A), notify the tenant in writing of his or her entitlements under section 76, the period after which, under section 80, a dispute may not be referred to the Board, and give a copy of the statement given under section 135(4)(e) to the tenant and the landlord.
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(2)Subsections (1) and (1A) are without prejudice to Chapter 4 and section 81(3) (which specify additional requirements in respect of a tenancy that has been sub-let).
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Section 63 Date to be specified for purposes of section 62(1)(f)
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For the purposes of section 62(1)(f), the day that is to be specified in a notice of termination is the last day of— (a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or (b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65(4), to give by that notice of termination.
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Section 64 Reference to and validity of date of service of notice of termination
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(1)For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.
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(2)A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.
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(3)A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).
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Section 64A Slip or omission in notice of termination On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination shall not of itself render the notice of termination invalid, if he or she or it, as the case may be, is satisfied that— (a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and (b) the notice of termination is otherwise in compliance with the provisions of this Act.
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Chapter 3 – Period of notice to be given
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Section 64B Duration of tenancy for purposes of this Chapter
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(1)For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of— (a) the said Part 4 tenancy, or (b) a further Part 4 tenancy, shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly. (1A) (a) For the purposes of this Chapter— (i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant Part 4 tenancy of that dwelling, and (ii) that relevant Part 4 tenancy, shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly. (b) For the purposes of this Chapter— (i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant further Part 4 tenancy of that dwelling, (ii) that relevant further Part 4 tenancy, and (iii) any Part 4 tenancy or further Part 4 tenancy of the dwelling concerned immediately preceding that relevant further Part 4 tenancy, shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly. (c) In this subsection— \"relevant Part 4 tenancy\" means a Part 4 tenancy that— (a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and (b) expired on or after such commencement; and \"relevant further Part 4 tenancy\" means a further Part 4 tenancy that— (a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and (b) expired on or after such commencement.
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(2)This section is without prejudice to subsection (2) of section 61.
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Section 65 What this Chapter does
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(1)This Chapter states the period of notice to be given by a notice of termination.
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(2)Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62(1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.
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(3)Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.
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(4)If the duration of the tenancy concerned is less than 6 months, a period of notice of more than 90 days may not be given in respect of it.
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(5)In the case of a tenancy of a dwelling referred to in subsection (1A) of section 3 a period of notice of more than 28 days may be given by a tenant in accordance with subsection (2C) of section 66.
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Section 66 Period of notice where section 67 or 68 is inapplicable
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(1)This section applies where the tenancy is being terminated— (a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or (b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.
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(2)Subject to subsection (2A), where this section applies the period of notice to be given by the notice of termination is— (a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and (b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table. (2A) (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the \"original notice\"), an adjudicator or the Tribunal, as the case may be, makes a determination that— (i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice, (ii) the defect concerned does not prejudice, in a material respect, the original notice, and (iii) the original notice is otherwise in compliance with the provisions of this Act, the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b). (b) In the circumstances set out in paragraph (a), the following shall apply: (i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the \"remedial notice\"); (ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121; (iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days; (iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of— (I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and (II) 28 days; (v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice; (vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act.
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(2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the landlord and specified in the notice of termination shall be not less than 28 days. (2C) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the tenant and specified in the notice of termination shall be 28 days or such longer period as the tenant chooses.
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(3)This section is subject to section 69.
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TABLE 1 Termination by Landlord Duration of Tenancy | Notice Period
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(1)| (2) Less than 6 months | 90 days Not less than 6 months but less than one year | 152 days Not less than one year but less than 7 years | 180 days Not less than 7 years but less than 8 years | 196 days Not less than 8 years | 224 days TABLE 2 Termination by Tenant Duration of Tenancy | Notice Period
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(1)| (2) Less than 6 months | 28 days 6 or more months but less than 1 year | 35 days 1 year or more but less than 2 years | 42 days 2 or more but less than 4 years | 56 days 4 years or more but less than 8 years | 84 days 8 or more years | 112 days
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Section 67 Period of notice for termination by landlord where tenant in default
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(1)This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.
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(2)Where this section applies the period of notice to be given by the notice of termination is— (a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is— (i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1), or (ii) threatening to the fabric of the dwelling or the property containing the dwelling, or (aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied, (b) in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply, 28 days, if the tenancy is being terminated— (i) for any other reason (but not a failure to pay an amount of rent due), or (ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied, regardless of the duration of the tenancy.
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(3)The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that— (a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and (b) that amount is not paid to the landlord within the period of 28 days following— (i) receipt of the notification by the tenant, or (ii) receipt of the notification by the Board, whichever occurs later. (3A) Where the Board receives a notification under subsection (3), it shall forthwith— (a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and (b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice. (3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection. (3C) …
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(4)This section is subject to section 69.
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Section 68 Period of notice for termination by tenant where landlord in default
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(1)This section applies where— (a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and (b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.
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(2)Where this section applies the period of notice to be given by the notice of termination is— (a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or (b) 28 days, if the tenancy is being terminated for any other reason, regardless of the duration of the tenancy.
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(3)The condition mentioned in subsection (1)(b) is— (a) the landlord has been notified in writing of the failure concerned by the tenant, and (b) the landlord does not remedy the failure within a reasonable time after being so notified.
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(4)In subsection (3) “remedy the failure” means— (a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and (b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property— (i) to pay adequate compensation to the tenant or repair the damage fully, and (ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.
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(5)This section is subject to section 69.
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Section 69 Exception to requirements of sections 66 to 68
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(1)Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.
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(2)Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.
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(3)For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.
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Chapter 4 – Additional requirements and procedures where tenancy sub-let
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Section 70 Notices of termination in cases of tenancies that are sub-let
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(1)This section applies where— (a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and (b) the landlord under the head-tenancy proposes to terminate the head-tenancy.
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(2)Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62, state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.
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(3)If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”) by the landlord.
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Section 71 Procedures on foot of service of notice mentioned in section 70 in non-contentious case
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(1)Where— (a) section 70 applies, (b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and (c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.
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(2)“Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.
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Section 72 Procedures on foot of service of notice in cases not falling under section 71
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(1)Where— (a) section 70 applies, (b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and (c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant of the contents of that notice.
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(2)Where— (a) section 70 applies, (b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and (c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within 28 days from the receipt of that notice, notify the sub-tenant— (i) of the contents of that notice, and (ii) of the fact that that dispute has been referred to the Board.
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(3)The particulars of the determination order (if any) made by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.
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(4)“Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.
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Chapter 5 – Miscellaneous
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Section 73 Notice of termination by multiple tenants
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(1)Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.
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(2)Where this subsection applies, it suffices, for the purposes of section 62(1)(b), that the notice of termination is signed by one of the multiple tenants if— (a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and (b) the other tenant or each other tenant is named in the notice.
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(3)Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.
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(4)In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.
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Section 74 Offence to do certain acts on foot of invalid termination
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(1)A person is guilty of an offence if— (a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and (b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.
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(2)In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.
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(3)For the purposes of subsection (1), an act is done by a person in reliance on a notice if— (a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or (b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.
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(4)For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).
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Chapter 1 – Referral of matters to Board for resolution
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Section 75 Interpretation (Part 6)
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(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.
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(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 Schedule 1 to this Act.
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(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.
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(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.
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Section 76 Right of referral by parties to tenancy and certain other persons
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(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.
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(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.
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(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.
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(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.
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Section 77 Right of referral in respect of breach of duty under section 15
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(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. (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.
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(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). (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.
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(3)For the purposes of facilitating the person’s compliance with subsection (2)(b) 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 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.
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(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.
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(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.
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Section 78 Particular matters that may be referred (non-exhaustive list)
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(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, (aa) any payment made to which section 19B applies. (b) the amount that ought to be initially set (in compliance with section 19 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, (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,
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(o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants), (oa) an allegation that a landlord (within the meaning of section 19C) has contravened section 19C, (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.
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(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.
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(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.
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Section 79 Different matters may be the subject of a single reference
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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.
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Section 80 Time limit for referring particular type of dispute
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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— (a) where section 67 or 68 applies, the period of 28 days, or (b) in all other cases, the period of 90 days, has elapsed from the date of receipt of that notice.
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Section 81 Tenancies and subtenancies: referral of disputes concerning their termination
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(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.
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(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.
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(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.
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(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.
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(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).
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Section 82 Withdrawal of matter referred to Board
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(1)A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.
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(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.
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(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.
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(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.
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(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 subject to subsection (6), any costs referred to in subsection (7) incurred by that other party as it or he or she determines.
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(6)Any costs awarded under subsection (5) shall not exceed €1,000.
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(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).
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Section 83 Board not to deal with reference if fee not paid or tenancy not registered
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(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.
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(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.
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(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.
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Section 84 Further right of Board not to deal with certain references
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(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 , 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.
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(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.
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(3)The Board shall consider any submissions made to it by that party within the period specified in the notice concerned.
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(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).
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(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.
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(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.
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(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.
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Section 85 Right of Tribunal or adjudicator not to deal with reference
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(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.
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(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.
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Section 86 Status of certain matters pending determination of dispute
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(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)— (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.
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(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.
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(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.
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Section 87 Remedial action taken by party in certain cases to be disregarded
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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.
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Section 88 Extension of time for referring disputes to Board
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(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 or an appeal under section 100 to the Tribunal against a determination of an adjudicator under section 97(4)(a).
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(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.
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(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.
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(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.
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(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.
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Chapter 2 – Relationship between Part and certain other dispute resolution mechanisms
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Section 89 Dispute subject of discontinued court proceedings may be subject of reference
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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.
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Section 90 Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances
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(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.
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(2)In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954.
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Section 91 Dispute may not be referred to Board where alternative remedy is being pursued
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(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.
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(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.
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Chapter 3 – Preliminary steps by Board (include power to refer matter to Tribunal)
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Section 92 Initial steps that may be taken by Board to resolve matters referred
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(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).
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(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.
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(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.
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(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.
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Section 93 Invitation to parties to resolve matter through mediation
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(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.
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(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). (2A) …
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(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).
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(4)This section is subject to section 94.
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Section 94 Exceptions to section 93: direct reference of matter to Tribunal, etc
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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.
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Chapter 4 – Mediation and adjudication
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Section 95 Mediation
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(1)The following provisions apply to a mediation which the Board has arranged under section 93 in relation to a dispute.
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(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).
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(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.
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(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 persons who participated in any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).
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(5)The mediator shall, after preparing a report under subsection (4), furnish a copy of it to the Director. (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.
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(6)…
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Section 96 Procedures to be followed by Board following report of mediator
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(1)Where— (a) the report furnished to the 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, the Director shall prepare a determination order under section 121 in respect of the dispute.
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(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 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.
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Section 97 Adjudication
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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.
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Section 98 “Cooling-off” period for purposes of section 97(4)(b)
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(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 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.
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(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.
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(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.
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(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.
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Section 99 Adjudicator's report
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(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).
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(2)The adjudicator shall, after preparing a report under subsection (1), furnish a copy of it to the Board.
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(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.
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(4)That statement is one to the effect that the 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.
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Section 100 Appeal to Tribunal against adjudicator’s determination
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(1)One or more of the parties may appeal to the Tribunal against a determination of an adjudicator under section 97(4)(a).
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(2)Such an appeal shall be made within 10 working days from the date the Board serves on the party the report and statement referred to in section 99(3).
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Section 101 Provisions common to mediators and adjudicators
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(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.
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(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.
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(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).
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(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.
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Chapter 5 – Tenancy Tribunal
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Section 102 Tenancy Tribunals and the “Tribunal”
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(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”.
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(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.
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Section 103 Membership of Tribunal, etc
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(1)The number of members of the Tribunal shall be 3.
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(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.
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(3)The members of the Tribunal shall be appointed by the Board.
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(4)One of the members of the Tribunal shall be the chairperson of the Tribunal; … the Board shall determine which of the members shall be the chairperson.
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(5)…
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(6)The Tribunal shall be independent in the performance of its functions.
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(7)A decision of a majority of the members of the Tribunal suffices for any purpose.
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Chapter 6 – Dispute resolution by Tribunal
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Section 104 Determination of disputes by Tribunal: procedures generally
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(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 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.
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(2)The Tribunal shall hold one or more hearings for the purposes of determining the dispute.
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(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.
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(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.
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(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 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 that dwelling, or (iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship.
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(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.
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(7)In the case of an appeal under section 100, the Tribunal may have regard to the report of the adjudicator.
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Section 105 Provisions in relation to evidence, summoning of witnesses, etc
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(1)The Tribunal may require that the evidence of a witness before it be given on oath.
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(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.
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(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.
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(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.
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(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.
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(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.
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Section 106 Proceedings to be in public
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(1)Proceedings before the Tribunal shall be conducted in public; this is without prejudice to an order that may be made under subsection (2).
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(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.
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(3)A person who contravenes an order under subsection (2) is guilty of an offence.
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Section 107 Adjournments of hearing
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The Tribunal may adjourn the hearing by it of a matter until a date specified by it.
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Section 108 Determination by Tribunal of dispute and notification to Board
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(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.
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(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.
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Chapter 7 – Supplementary procedural matters
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Section 109 Power of Board to make procedural rules
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(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.
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(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 …, (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) … (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, 96(2) or 100 to the Tribunal, (vi) 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) 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.
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(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.
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Section 110 Title to lands or property not to be drawn into question
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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.
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Section 111 Power to enter and inspect dwelling
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(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.
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(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.
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(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.
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(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).
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(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.
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Section 112 Obligations of confidentiality
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(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.
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(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.
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(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.
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(4)A person who contravenes subsection (1) is guilty of an offence.
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Section 113 Offence of providing false information to Board
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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.
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Section 114 Certain proceedings and acts privileged
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(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.
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(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.
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Section 114A Publication of certain statistics by Board 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.
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Chapter 8 – Redress that may be granted under this Part
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Section 115 Redress that may be granted on foot of determination
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(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.
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(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 … 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 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) …
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(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).
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(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).
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(5)The amount of costs or expenses that may be awarded to a party shall not exceed €1,000.
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Section 116 Determination may require sub-tenancy to be quitted in certain cases
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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.
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Section 117 Redress of an interim nature may be granted
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(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.
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(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.
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(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.
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(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.
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Section 118 Discretion to refuse direction for possession
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(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.
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(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.
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(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.
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Section 119 Certain directions to be given in the case of arrears of rent
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(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) subject to subsection (3), costs reasonably incurred by the landlord in pursuit of the arrears of rent, (ii) damages, (iii) …
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(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.
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(3)The costs awarded under subsection (1)(i) shall not exceed €1,000.
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Section 120 Circumstances of landlord or tenant not to be taken account of in certain cases
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(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.
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(2)The reference in subsection (1) to the setting of the rent under a tenancy shall be construed in accordance with section 19(2).
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Chapter 9 – Determination orders and enforcement generally
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Section 121 Determination orders
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(1)Each of the following— (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 by the Director and issued by him or her to the parties concerned.
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(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 Director considers it appropriate to do so for the purpose mentioned in subsection (3).
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(3)That purpose is to remove any ambiguity that the 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.
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(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 Director shall have regard to— (a) in the case of such an agreement, the report furnished to him or her under section 95(4), (b) in the case of such a determination, the relevant report of the adjudicator furnished to him or her under section 99(2).
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(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. (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.
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(6)…
\n
(7)…
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(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.
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Section 122 Provision to ensure consistency between determinations
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(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).
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(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.
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(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.
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(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.
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Section 123 Binding nature of determination orders
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(1)A determination order embodying the terms of 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.
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(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).
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(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.
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(4)The determination of the High Court on such an appeal … shall be final and conclusive.
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(5)The High Court may, as a consequence of the determination it so makes, direct the Director to cancel the determination order concerned or to vary it in such manner as the Court specifies and 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.
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(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 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 Director under subsection (5).
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(7)The Board shall publish, in such manner as it thinks fit— (a) a determination order 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.
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(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.
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Section 124 Enforcement of determination orders
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(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 District Court for an order under subsection (2).
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(2)On such an application and subject to section 125, the 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.
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(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.
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(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.
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(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.
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(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.
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(7)The court may make such ancillary or other orders , 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.
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(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).
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(9)An application under this section to the District Court shall be made to the judge of the District Court for the District Court district in which the tenancy or dwelling concerned is or was situated.
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(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.
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Section 125 Cancellation of determination order in cases of nonappearance
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(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 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 District Court may, subject to subsection (3), exercise the powers referred to in subsection (2).
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(2)The powers mentioned in subsection (1) are to 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).
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(3)The Board or the 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).
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(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.
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(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.
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(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.
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Chapter 1 – Private residential tenancies register
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Section 127 Establishment of register
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(1)The Board shall, as soon as practicable after the establishment day, establish and maintain a register which shall be known as the “private residential tenancies register” and is in this Act referred to as the “register”.
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(2)There shall be registered in the register each tenancy of a dwelling in the State the subject of an application for registration made under, and in accordance with, this Part.
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(3)Subject to subsection (3A), the form of the register, the types of information to be contained in it, the format of any aspect of that information and any other matters relevant to the maintenance of the register shall be such as the Board determines from time to time. (3A) The register shall contain— (a) the number assigned under section 135(3) in respect of the tenancy of the dwelling, (b) the local electoral area (within the meaning of section 2 of the Local Government Act 2001) in which the dwelling concerned is situate, and (c) the particulars referred to in respect of the dwelling in paragraphs (i), (j) and (k) (other than particulars of any taxes or other charges required to be paid by the tenant) of section 136(1).
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(4)Save under and in accordance with this Act and subject to subsection (5), no information contained in the register shall be disclosed to any person.
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(5)Subsection (4) does not apply to a disclosure of information contained in the register by— (a) a member of the Board, (b) a member of a committee of the Board, (c) a member of staff of the Board, (d) a mediator or adjudicator, or (e) a person whose services are provided to the Board under section 167, in the performance of any of his or her functions under this Act, being a disclosure the making of which is necessary for the performance by him or her of any such function.
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Section 128 Published register
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(1)The Board shall, as soon as practicable after the establishment of the register, prepare a document (in this Act referred to as the “published register”).
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(2)Subject to subsections (3), (4) and (4A), the published register shall consist of an extract of the information contained in the register.
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(3)The extent of that extract shall be such as the Board determines is likely to make the published register useful to members of the public.
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(4)The published register shall not contain any information, as respects a particular dwelling, that discloses or could reasonably lead to the disclosure of the identity of the landlord or the tenant or tenants of the dwelling. (4A) The published register shall contain the information specified in section 127(3A).
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(5)The form of the published register, the format of any aspect of the information contained in it and any other matters relevant to its maintenance shall be such as the Board determines from time to time.
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Section 129 Inspection of published register
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(1)The published register shall be kept at an office that is designated, for the time being, by the Board for that purpose.
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(2)The published register shall be made available for inspection, at all reasonable times, at that office and by such other means, if any, as the Board may determine.
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(3)A fee of such amount as the Board determines to be reasonable may be charged in respect of the inspection of the published register.
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Section 130 Register and published register may be kept in electronic form
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The register and the published register may each be prepared and maintained otherwise than in a legible form but only if that form allows the particular register to be converted into a legible form and any entry in it to be copied or reproduced in a legible form.
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Section 131 Publication of aggregated details derived from register
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(1)Without prejudice to section 128, the Board may publish details concerning the … rented sector derived from the register, being details of an aggregated nature.
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(2)In this section— “details of an aggregated nature” means details of such a nature as could not reasonably lead to a disclosure of the kind mentioned in section 128(4) occurring; “rented sector” has the same meaning as it has in section 151.
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Section 132 Furnishing of entries in registers, etc
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(1)On application by the landlord or tenant of a dwelling, the Board shall, on being supplied by the landlord or tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned, provide to him or her a copy of the entry in respect of that dwelling in the register. (1A) On application by the tenant of a dwelling, the Board shall, on being supplied by the tenant with such information as it may require for the purpose of confirming the identity of the applicant concerned and a notice of termination served on that tenant by a landlord, provide to the tenant confirmation as to whether, on the date that the landlord of that dwelling served the notice of termination, the register recorded that the landlord was not a company and was a landlord under not more than 3 tenancies of dwellings.
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(2)On application by a person who is not the landlord or tenant of a particular dwelling, the Board shall provide to him or her a copy of the entry in respect of that dwelling in the published register (but not the entry in the register).
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(3)A fee of such amount as the Board determines to be reasonable may be charged in respect of the provision of a copy of an entry under subsection (1) or (2) or the confirmation referred to in subsection (1A).
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(4)A copy of an entry in the register or the published register , or a copy of a confirmation referred to in subsection (1A), purporting to be certified by an officer of the Board as being a true copy of that entry or confirmation shall, without proof of that person's authority to so certify the copy, of any signature of the person appearing on the copy or that he or she is or was an officer of the Board, be received in evidence in any proceedings and shall be presumed to be such a copy unless the contrary is shown.
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(5)Evidence that any particular matter in respect of a dwelling stood registered in the register on a particular date may be given by the production of a copy of the entry in respect of that dwelling under subsection (4) and which copy bears that date beside, or as part of, the certification mentioned in that subsection.
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Section 133 Confirmation to parties to tenancy as to particulars specified in an application under section 134
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(1)Either party to a tenancy of a dwelling may request the Board to confirm to him or her what are the particulars specified in an application made under section 134 to register the tenancy.
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(2)The Board shall comply with such a request if it is satisfied, having been supplied by the person making the request with such information as it may require, that the person is a party to the tenancy.
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Chapter 2 – Procedure for registration
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Section 134 Obligation to apply to register tenancy
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(1)The landlord of a dwelling shall apply to the Board in accordance with this Part to register the tenancy of the dwelling— (a) on the commencement of the tenancy, and (b) annually during the tenancy.
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(2)Subject to subsection (2A), an application under paragraph (a) of subsection (1) shall be made— (a) in the case of a tenancy (other than a tenancy to which paragraph (aa) applies) that commences on a date that falls 3 or more months from the commencement of this Part — within 1 month from the commencement of the tenancy, (aa) in the case of a tenancy to which subsection (1A) of section 3 applies that commences during the period of 3 months from the commencement of section 3 of the Residential Tenancies (Amendment) Act 2019, not later than 4 months from the commencement of the tenancy, and