Residential Tenancies Act 2004

Membership of Tribunal, etc.

103

103.—(1) The number of members of the Tribunal shall be 3.

(2) Each of the members of the Tribunal shall be a person who is, for the time being, a member of the Dispute Resolution Committee.

(3) The members of the Tribunal shall be appointed by the Board.

(4) One of the members of the Tribunal shall be the chairperson of the Tribunal; F137 [ ] the Board shall determine which of the members shall be the chairperson.

(5) F137 [ ]

(6) The Tribunal shall be independent in the performance of its functions.

(7) A decision of a majority of the members of the Tribunal suffices for any purpose.

Annotations:

Amendments:

F137

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 49, S.I. No. 119 of 2016.

F138

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(a), not commenced as of date of revision.

F139

Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44(b), not commenced as of date of revision.

Modifications (not altering text):

C24

Prospective affecting provision: subs. (1) substituted and subss. (1A)-(1D) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 44, not commenced as of date of revision.

103.F138 [ (1) Subject to subsection (1A) , the number of members of the Tribunal shall be 3. ]

F139 [ (1A) (a) In respect of such matters as may be prescribed, the Tribunal shall, except where subsection (1B) applies, be composed of one member.

(b) Without prejudice to the generality of paragraph (a) , prescribed matters for the purposes of that paragraph may include any of the following matters:

(i) the retention or refund of a deposit;

(ii) the amount that ought to be initially set (in compliance with section 19 or 19A , as the case may be) as the amount of rent under a tenancy;

(iii) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review;

(iv) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement;

(v) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement;

(vi) a claim by a landlord for arrears of rent or other charges.

(c) There may be included in the same reference to a Tribunal to which this subsection relates disputes and, where appropriate, complaints, in respect of 2 or more matters prescribed for the purposes of this subsection.

(1B) (a) Where

(i) a matter that consists of or includes a dispute is referred to the Tribunal, and that Tribunal is composed of one member, and

(ii) the Tribunal, at any stage, considers that in the particular circumstances it would be appropriate to adjourn the hearing by it of the matter and request the Board to refer the dispute or complaint to a Tribunal composed of 3 members,

then the Tribunal may so refer the matter to the Board accordingly.

(b) Where the Board is requested under paragraph (a) to refer a matter, that consists of or includes a dispute, to a Tribunal, it may refer the matter to a Tribunal composed of 3 members.

(1C) Where the Tribunal is composed of one member, then subsections (4) and (7) do not apply to that Tribunal.

(1D) Where, in the same reference to a Tribunal, there is included disputes or complaints, in respect of 2 or more matters, and one or more of those disputes or complaints is not prescribed for the purposes of this subsection, the Board shall refer the matter to a Tribunal composed of 3 members. ]