Residential Tenancies Act 2004

F254 [ Appeal to Circuit Court against decision to impose sanction

148AA

148AA. (1) A landlord the subject of a decision under subsection (4)(a) or (5) of section 148X by the decision maker to impose a sanction on the landlord may, not later than 21 days from the giving by the Board to the landlord of the decision notice, appeal to the Circuit Court against the decision.

(2) The Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord, consider any evidence adduced or argument made, whether or not adduced or made to an authorised officer or the decision maker.

(3) Subject to subsection (4) , the Circuit Court may, on the hearing of an appeal under subsection (1) by a landlord

( a ) either

(i) confirm the decision the subject of the appeal,

(ii) set aside the decision the subject of the appeal, or

(iii) set aside that decision and replace it with such other decision as the Court considers appropriate, which may be a decision

(I) to impose a different sanction on the landlord, or

(II) to impose no sanction on the landlord,

and

( b ) make such order as to costs as it thinks fit in respect of the appeal.

(4) The Circuit Court shall, for the purposes of subparagraph (i) or (iii)(I) of subsection (3)(a) , take into consideration the matters referred to in section 148AD .

(5) An appeal under subsection (1) shall be brought before a judge of the Circuit Court for the time being assigned to the Circuit in which the appellant resides or carries on any profession, trade or business. ]