Residential Tenancies Act 2004

Determination of disputes by Tribunal: procedures generally.

104

104.—(1) This section and the other sections of this Chapter contain the principal provisions regarding the procedures to be adopted by the Tribunal in relation to the determination by it of a dispute, whether that dispute—

( a) has been referred to it by the Board under section 94 (which provides for the direct reference of a matter without mediation or adjudication taking place in relation to it),

( b) has been referred to it by the Board under F140 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), or

( c) is the subject of an appeal under section 100 from a determination of an adjudicator of the matter.

(2) The Tribunal shall hold one or more hearings for the purposes of determining the dispute.

(3) The parties to the dispute shall be given by the Tribunal notice (to be of the duration specified in subsection (5)) of the holding of a hearing.

(4) The following information shall be included in such a notice—

( a) the date, time, venue and purpose of the hearing,

( b) an outline of the substance of the matters to be dealt with at the hearing,

( c) an outline of the procedures to be adopted at the hearing,

( d) a reference to the provisions of this Act and any rules made under it that are relevant to the holding of the hearing,

( e) a statement that the Tribunal will, unless substantial grounds arise for its deciding to do otherwise, proceed with the hearing at the date and time concerned notwithstanding that a party does not attend the hearing,

( f) a statement that the Tribunal will determine the dispute notwithstanding that a party does not take part in the proceedings before the Tribunal, and

( g) any other information the Tribunal considers appropriate.

(5) The duration of the notice under subsection (3) shall be—

( a) at least 21 days beginning on the date of the giving of the notice, or

( b) such lesser period as the Board may specify where—

(i) one or more of the parties requests the Board to specify such a period and the other party or parties consent to such F140 [ a specification, ]

(ii) the dispute concerns alleged behaviour by the landlord or the tenant that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling concerned or the property containing F140 [ that dwelling, or ]

F141 [ (iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship. ]

(6) Each of the parties shall be entitled to and be given the opportunity to be heard at the hearing and to be represented and to present evidence and witnesses before the Tribunal.

(7) In the case of an appeal under section 100 , the Tribunal may have regard to the report of the adjudicator.

Annotations:

Amendments:

F140

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(a), (b)(i), (ii), S.I. No. 119 of 2016.

F141

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 50(b)(iii), S.I. No. 119 of 2016.

F142

Deleted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

F143

Substituted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

F144

Inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

Modifications (not altering text):

C25

Prospective affecting provision: subs. (1)(b), (c) amended and (d) inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 45, not commenced as of date of revision.

( b) has been referred to it by the Board under F140 [ section 96(2) ] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), F142 [ ]

( c) is the subject of an appeal under section 100 from a determination of an adjudicator of F143 [ the matter, or ]

F144 [ (d) has been referred to it by the Board under section 103(1B) . ]