Residential Tenancies Act 2004

Enforcement of determination orders.

124

124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the F136 [ District Court ] for an order under subsection (2).

(2) On such an application and subject to section 125 , the F136 [ District Court ] shall make an order directing the party concerned (the “respondent”) to comply with the term or terms concerned if it is satisfied that the respondent has failed to comply with that term or those terms, unless—

( a) it considers there are substantial reasons (related to one or more of the matters mentioned in subsection (3)) for not making an order under this subsection, or

( b) the respondent shows to the satisfaction of the court that one of the matters specified in subsection (3) applies in relation to the determination order.

(3) The matters mentioned in subsection (2) are—

( a) a requirement of procedural fairness was not complied with in the relevant proceedings under this Part,

( b) a material consideration was not taken account of in those proceedings or account was taken in those proceedings of a consideration that was not material,

( c) a manifestly erroneous decision in relation to a legal issue was made in those proceedings,

( d) the determination made by the adjudicator or the Tribunal, as the case may be, on the evidence before the adjudicator or Tribunal, was manifestly erroneous.

(4) If, on the hearing of an application under this section, it appears by credible testimony that there is reason to believe the respondent will be unable to pay the costs of the applicant of so much of the hearing as relates to the determination of whether any of the matters specified in subsection (3) have been established by the respondent (in the event that none of them is established) the court may require sufficient security to be given for those costs.

(5) If the determination order, the subject of an application under this section, is one requiring a dwelling to be vacated and—

( a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and

( b) that notice was served by reason of the tenant’s failure to pay an amount of rent due,

the court may, before hearing any arguments or receiving any evidence in relation to whether any of the matters specified in subsection (3) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling's continued occupation by the respondent after the service of that notice.

(6) If the applicant under this section is not the Board, the respondent shall give notice to the Board that he or she proposes to oppose the application and the Board shall be entitled to appear and be heard at the hearing of the application.

(7) The court may make such ancillary or other orders F137 [ , including an order for possession of a dwelling the subject of a determination order, ] as it considers just on the hearing of an application under this section.

(8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).

(9) An application under this section to the F136 [ District Court ] shall be made to the judge of the F136 [ District Court ] for the F136 [ District Court district ] in which the tenancy or dwelling concerned is or was situated.

F138 [ (10) The monetary limit for the time being standing specified of the jurisdiction of the District Court shall not apply in respect of proceedings brought or heard, as the case may be, in the District Court under this section on or after the commencement of section 57 of the Residential Tenancies (Amendment) Act 2015 and, the monetary limit which shall apply in respect of those proceedings, shall be the monetary limit for the time being standing specified of the jurisdiction of the Circuit Court. ]

Annotations:

Amendments:

F136

Substituted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(a), (c), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).

F137

Inserted (19.12.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 49, S.I. No. 590 of 2017.

F138

Inserted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(d), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).

F139

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(4).

Modifications (not altering text):

C25

Prospective affecting provision: subss. (7A), (7B) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(b), not commenced as of date of revision.

124.— ...

F139 [ (7A) Without prejudice to the generality of subsection (2) , where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has paid the deposit in accordance with section 148B(b) , the court shall have regard to that payment when making an order under this section including an ancillary or other order referred to in subsection (7) .

(7B) Without prejudice to the generality of subsection (2) , where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has not, before the application under this section, paid the deposit in accordance with section 148B(b) , the court shall have regard to such provision for the return of a deposit when making an order under this section including an ancillary or other order referred to in subsection (7) . ]