Section 94 of the Residential Tenancies Act 2004 – Exceptions to section 93: direct reference of matter to Tribunal, etc
Residential Tenancies Act 2004 (RTA 2004) · PART 6 – Dispute Resolution › Chapter 3 – Preliminary steps by Board (include power to refer matter to Tribunal)
Revised Act prepared by the Law Reform Commission, updated to 1 March 2026. Amendments made after that date are not included.
Notwithstanding section 93, the Board shall not be required to arrange for—
(a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—
(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or
(ii) refer the dispute to the Tribunal,
or
(b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.
Provisions referred to
- Section 93Invitation to parties to resolve matter through mediation
- Section 97Adjudication
- Section 164Mediators and adjudicators
- Section 189Jurisdiction in aid of Part 6 resolution procedure
Provisions referring to this one
- Section 93Invitation to parties to resolve matter through mediation
- Section 97Adjudication
- Section 101Provisions common to mediators and adjudicators
- Section 104Determination of disputes by Tribunal: procedures generally
- Section 109Power of Board to make procedural rules