Section 85 of the Residential Tenancies Act 2004 – Right of Tribunal or adjudicator not to deal with reference
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.
(a) previously the Board, in consequence of the procedures under section 84 having been employed by it in relation to the dispute, decided that an opinion formed by it (being a like opinion to that subsequently formed by the Tribunal or adjudicator) in relation to the dispute was not well founded, or
(b) a decision of the Board, in consequence of those procedures having been employed by it, in relation to the dispute (being a decision of a like kind to the opinion subsequently formed by the Tribunal or adjudicator) was the subject of an appeal under section 84(5) and the Circuit Court, on that appeal, directed the Board to deal with the dispute.
Provisions referred to
Provisions referring to this one
- Section 86Status of certain matters pending determination of dispute
- Section 97Adjudication
- Section 108Determination by Tribunal of dispute and notification to Board
- Section 123Binding nature of determination orders
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 82Withdrawal of matter referred to Board
- 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 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