Section 148X of the Residential Tenancies Act 2004 – Investigation report and decision

(a) prepare a draft of the investigation report, and

(b) give to the landlord to whom the investigation relates and, if the investigation arose following receipt of a complaint, the complainant—

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the landlord and complainant (if any) may, not later than 21 days from the date on which the notice was respectively received by them, or such further period not exceeding 21 days as the authorised officer allows, each make submissions in writing to the authorised officer on the draft of the investigation report.

(a) the expiration of the period referred to in subsection (1)(b)(iii), and

(b) having—

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revision to the draft of the investigation report which, in the opinion of the authorised officer, is warranted following such consideration,

prepare the final form of the investigation report and submit it to the decision maker appointed by the Board under section 148U with any such submissions annexed to the report.

(a) if he or she is satisfied that improper conduct by the landlord has occurred or is occurring, may, subject to subsection (9) and section 148Z impose a sanction on the landlord as he or she thinks fit in the circumstances of the case;

(b) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring but is of the opinion that a further investigation of the landlord is warranted, shall direct the Board to cause a further investigation on the matters to which, in the opinion of the decision maker the further investigation should relate;

(c) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring and is not of the opinion that a further investigation of the landlord is warranted, and the investigation arose—

(i) following the receipt of a complaint by the Board, shall dismiss the complaint,

(ii) on the volition of the Board, shall decide that no further action under this Part is warranted.

(a) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant—

(i) a copy of the investigation report (and any submissions annexed thereto), and

(ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the investigation report,

or

(b) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the investigation report and the notice referred to in paragraph (a)(ii).

(a) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant—

(i) a copy of the acknowledgment by the landlord, and

(ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the acknowledgment by the landlord under section 148W(1),

or

(b) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the acknowledgement by the landlord and the notice referred to in paragraph (a)(ii).

(a) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding €15,000, by way of financial penalty for the improper conduct by the landlord specified in the direction;

(b) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding €15,000, being all or part of the costs incurred by the Board in investigating the matter to which the direction relates;

(c) the giving of a caution in writing to the landlord.