Section 82 of the Residential Tenancies Act 2004 – Withdrawal of matter referred to Board
Residential Tenancies Act 2004 (RTA 2004) · PART 6 – Dispute Resolution › Chapter 1 – Referral of matters to Board for resolution
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(1)A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.
(2)Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.
(3)If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.
(4)Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.
(5)On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party subject to subsection (6), any costs referred to in subsection (7) incurred by that other party as it or he or she determines.
(6)Any costs awarded under subsection (5) shall not exceed €1,000.
(7)In subsection (5), costs incurred by the other party includes costs or expenses—
(a) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and
(b) relating to the preparation of his or her case,
and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a).
Provisions referred to
1
Provisions referring to this one
2
Other provisions in this part
- Section 75Interpretation (Part 6)
- Section 76Right of referral by parties to tenancy and certain other persons
- Section 77Right of referral in respect of breach of duty under section 15
- Section 78Particular matters that may be referred (non-exhaustive list)
- Section 79Different matters may be the subject of a single reference
- Section 80Time limit for referring particular type of dispute
- Section 81Tenancies and subtenancies: referral of disputes concerning their termination
- Section 83Board not to deal with reference if fee not paid or tenancy not registered
- Section 84Further right of Board not to deal with certain references
- Section 85Right of Tribunal or adjudicator not to deal with reference
- Section 86Status of certain matters pending determination of dispute
- Section 87Remedial action taken by party in certain cases to be disregarded
- Section 88Extension of time for referring disputes to Board