Section 78 of the Residential Tenancies Act 2004 – Particular matters that may be referred (non-exhaustive list)

(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,

(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.

(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.