Residential Tenancies Act 2004

Prohibition on penalisation of tenants.

14

14.—(1) A landlord of a dwelling shall not penalise a tenant for—

( a) referring any dispute between the tenant and the landlord to the Board for resolution under Part 6,

( b) giving evidence in any proceedings under Part 6 to which the landlord is a party (whether the tenant is a party to them or not),

( c) making a complaint to a member of the Garda Síochána or to a public authority in relation to any matter arising out of, or in connection with, the occupation of the dwelling or making an application regarding such a matter to a public authority, or

( d) giving notice of his or her intention to do any or all of the things referred to in the preceding paragraphs.

(2) For the purposes of this section a tenant is penalised if the tenant is subjected to any action that adversely affects his or her enjoying peaceful occupation of the dwelling concerned.

(3) Such action may constitute penalisation even though it consists of steps taken by the landlord in the exercise of any rights conferred on him or her by or under this Act, any other enactment or the lease or tenancy agreement concerned if, having regard to—

( a) the frequency or extent to which the right is exercised in relation to the tenant,

( b) the proximity in time of its being so exercised to the tenant's doing the relevant thing referred to in subsection (1), and

( c) any other relevant circumstances,

it is a reasonable inference that the action was intended to penalise the tenant for doing that thing.

(4) This section is without prejudice to any other liability (civil or criminal) the landlord may be subject to for doing a thing prohibited by this section.