Residential Tenancies Act 2004

Redress that may be granted on foot of determination.

115

115.—(1) A power conferred by this Part on an adjudicator or the Tribunal to make a determination in relation to a dispute includes a power to make such declarations or give such directions as the adjudicator or the Tribunal thinks appropriate for the purpose of providing relief to one, or more than one as appropriate, of the parties.

(2) Without prejudice to the generality of subsection (1) and the subsequent provisions of this Chapter, one or more of the following declarations or directions, as appropriate, may be made or given in respect of a dispute—

( a) a direction that a specified amount of rent or other charge shall be paid on, or on and from, or by a specified date,

( b) a declaration as to whether or not an amount of rent set under a tenancy of a dwelling complies with F151 [ subsection (1) or (4) of section 19 ] (and if the declaration is that that amount does not so comply, the declaration shall be accompanied by an indication by the adjudicator or the Tribunal as to what amount, in his or her or its opinion, would comply F151 [ with either of those subsections ],

( c) a direction as to the return or payment, in whole or in part, of the amount of a deposit,

( d) a direction that a specified amount of damages or costs or both be paid,

( e) a direction that a dwelling be quitted by a specified date,

( f) a declaration as to the validity or otherwise of a notice of termination of a tenancy,

( g) a declaration with regard to the right to return to, or continue in, occupation of a dwelling (and such a declaration may include provision to the effect that any period of interruption in possession that has occurred is to be disregarded for one or more purposes),

( h) a declaration that a term of a lease or tenancy agreement is void by reason of section 184 ,

( i) F152 [ ]

(3) The amount (or, as appropriate, the aggregate of the amounts), other than costs or expenses of whatsoever kind, that an adjudicator or the Tribunal may direct to be paid to a party in respect of the matter (or, as appropriate, all of the matters) the subject of a dispute referred to the Board for resolution shall not exceed—

( a) if the amount or amounts consist solely of damages —€20,000,

( b) if the amount or amounts consist solely of an amount or amounts by way of arrears of rent or other charges —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this paragraph of €60,000),

( c) if the amount or amounts consist of both damages and an amount or amounts referred to in paragraph (b)

(i) in so far as the amount or amounts consist of damages —€20,000,

(ii) in so far as the amount or amounts consist of such other amount or amounts —€20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this subparagraph of €60,000).

F153 [ (4) Without prejudice to the generality of subsection (3) , an amount that is to be awarded in accordance with a direction relating to a failure to comply with section 16(f) or 16(g) shall be included in the amount referred to in subsection (3)(a) or, as the case may be, subsection (3)(c)(i) .

(5) The amount of costs or expenses that may be awarded to a party shall not exceed 1,000. ]

Annotations:

Amendments:

F151

Substituted (24.12.2016) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 47, commenced as per s. 1(3)(b).

F152

Repealed (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 86(2)(a), S.I. No. 119 of 2016.

F153

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, S.I. No. 119 of 2016.

F154

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: subs. (6) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 52, not commenced as of date of revision.

F154 [ (6) For the purposes of a direction under subsection (3) , where a complaint under section 76A was made, the amount that is directed under subsection (3) to be paid to a party when that complaint and the original dispute referred to in section 76A have been determined concurrently, shall include the amount of rent that was directed to be paid in the interim direction referred to in section 76B . ]