Section 148AA of the Residential Tenancies Act 2004 – Appeal to Circuit Court against decision to impose sanction
Residential Tenancies Act 2004 (RTA 2004) · Part 7A – Complaints, Investigations and Sanctions
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(1)A landlord the subject of a decision under subsection (4)(a) or (5) of section 148X by the decision maker to impose a sanction on the landlord may, not later than 21 days from the giving by the Board to the landlord of the decision notice, appeal to the Circuit Court against the decision.
(2)The Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord, consider any evidence adduced or argument made, whether or not adduced or made to an authorised officer or the decision maker.
(3)Subject to subsection (4), the Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord—
(a) either—
(i) confirm the decision the subject of the appeal,
(ii) set aside the decision the subject of the appeal, or
(iii) set aside that decision and replace it with such other decision as the Court considers appropriate, which may be a decision—
(I) to impose a different sanction on the landlord, or
(II) to impose no sanction on the landlord,
and
(b) make such order as to costs as it thinks fit in respect of the appeal.
(4)The Circuit Court shall, for the purposes of subparagraph (i) or (iii)(I) of subsection (3)(a), take into consideration the matters referred to in section 148AD.
(5)An appeal under subsection (1) shall be brought before a judge of the Circuit Court for the time being assigned to the Circuit in which the appellant resides or carries on any profession, trade or business.
Provisions referred to
2
- Section 148XInvestigation report and decision
- Section 148ADMatters to be considered in determining nature of sanction
Provisions referring to this one
6
- Section 148ZDecision and requirement of confirmation
- Section 148ABApplication to Circuit Court to confirm decision to impose sanction
- Section 148ACProvisions supplementary to sections 148AA and 148AB
- Section 148ADMatters to be considered in determining nature of sanction
- Section 148AEPublication of sanctions
- Section 148AGRelationship between investigation and criminal proceedings
Other provisions in this part
- Section 148RInterpretation (Part 7A)
- Section 148SPowers of authorised officer
- Section 148TComplaint
- Section 148UBoard to appoint authorised officer and decision maker
- Section 148VNotice of investigation
- Section 148WAcknowledg-ment of contravention
- Section 148XInvestigation report and decision
- Section 148YReceipt of decision by Board
- Section 148ZDecision and requirement of confirmation
- Section 148ABApplication to Circuit Court to confirm decision to impose sanction
- Section 148ACProvisions supplementary to sections 148AA and 148AB
- Section 148ADMatters to be considered in determining nature of sanction
- Section 148AEPublication of sanctions
- Section 148AFProcedural rules
- Section 148AGRelationship between investigation and criminal proceedings