Section 105 of the Residential Tenancies Act 2004 – Provisions in relation to evidence, summoning of witnesses, etc

Residential Tenancies Act 2004 (RTA 2004) · PART 6 – Dispute Resolution › Chapter 6 – Dispute resolution by Tribunal

Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.

(1)The Tribunal may require that the evidence of a witness before it be given on oath.

(2)Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.

(3)For the purposes of its functions under this Part, the Tribunal may—

(a) summon witnesses to attend before it,

(b) administer an oath, and

(4)A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

(5)Any person who—

(a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,

(b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or

(c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,

is guilty of an offence.

(6)The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—

(a) that will be incurred by a person summoned to attend before it in so attending, or

(b) that have been incurred by a person summoned to attend before it in so attending,

shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.

Official source: revisedacts.lawreform.ie · Version: 2026-03-01 · Full text · Contents

Other provisions in this part

Text according to the official source. Only the official publication is legally binding.