Section 86 of the Residential Tenancies Act 2004 – Status of certain matters pending determination of dispute
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) the rent payable—
(i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and
(ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i), shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant,
(b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and
(c) a termination of the tenancy concerned may not be effected.
(a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,
(b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,
(c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—
(i) before the dispute was referred to the Board for resolution, or
(ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,
or
(d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82, 83, 84 or 85.
Provisions referred to
- 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 85Right of Tribunal or adjudicator not to deal with reference
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 85Right of Tribunal or adjudicator not to deal with reference
- Section 87Remedial action taken by party in certain cases to be disregarded
- Section 88Extension of time for referring disputes to Board