Section 87 of the Residential Tenancies Act 2004 – Remedial action taken by party in certain cases to be disregarded
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.
If a dispute referred to the Board relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.
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 86Status of certain matters pending determination of dispute
- Section 88Extension of time for referring disputes to Board