Section 88 of the Residential Tenancies Act 2004 – Extension of time for referring disputes 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)The Board may, on application to it, extend the time limited by any provision of this or any other Part for the referral of a dispute to it for resolution or an appeal under section 100 to the Tribunal against a determination of an adjudicator under section 97(4)(a).
(2)The Board shall not extend the time concerned unless the applicant for the extension shows good grounds for why the time should be extended.
(3)The reference in this section to the time limited by any provision of this or any other Part for the referral of a dispute to the Board for resolution includes a reference to the time limited by such a provision for fulfilling any condition precedent that is required by the provision to be fulfilled before a particular dispute may be referred to the Board for resolution.
(4)An appeal shall lie to the Circuit Court (by the applicant for the extension or, as the case may be, any other party to the dispute concerned) against a decision of the Board under this section to, as appropriate—
(a) refuse to extend the time concerned, or
(b) extend the time concerned,
and, on the hearing of such an appeal, the Circuit Court may, as it thinks fit, confirm, vary or cancel the decision of the Board.
(5)An appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.
Provisions referred to
2
Other provisions in this part
- 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 87Remedial action taken by party in certain cases to be disregarded