Section 109 of the Residential Tenancies Act 2004 – Power of Board to make procedural rules
Residential Tenancies Act 2004 (RTA 2004) · PART 6 – Dispute Resolution › Chapter 7 – Supplementary procedural matters
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(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.
Provisions referred to
- Section 93Invitation to parties to resolve matter through mediation
- Section 94Exceptions to section 93: direct reference of matter to Tribunal, etc
- Section 95Mediation
- Section 96Procedures to be followed by Board following report of mediator
- Section 97Adjudication
- Section 99Adjudicator's report
- Section 100Appeal to Tribunal against adjudicator’s determination
- Section 108Determination by Tribunal of dispute and notification to Board
- Section 124Enforcement of determination orders
Provisions referring to this one
- Section 83Board not to deal with reference if fee not paid or tenancy not registered
- Section 101Provisions common to mediators and adjudicators
- Section 159Dispute Resolution Committee
Other provisions in this part
- Section 110Title to lands or property not to be drawn into question
- Section 111Power to enter and inspect dwelling
- Section 112Obligations of confidentiality
- Section 113Offence of providing false information to Board
- Section 114Certain proceedings and acts privileged
- Section 114APublication of certain statistics by Board