Section 91 of the Residential Tenancies Act 2004 – Dispute may not be referred to Board where alternative remedy is being pursued
Residential Tenancies Act 2004 (RTA 2004) · PART 6 – Dispute Resolution › Chapter 2 – Relationship between Part and certain other dispute resolution mechanisms
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
(1)To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.
(2)If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—
(a) to which that other person is a party, and
(b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,
then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.