Residential Tenancies Act 2004

F242 [ Reference by party of return of deposit to Board as a dispute for resolution under Part 6

148O

148O. ... ]

Annotations:

Amendments:

F242

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

Modifications (not altering text):

C58

Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

F242 [ 148O. (1) Without prejudice to sections 76 and 78 , where a party made an application under section 148E and the other party has not provided a statement of agreement or a statement of disagreement in respect of that application within the prescribed period specified for the purposes of section 148F(1)(c) or 148I(1)(b) , that party may, at any time after the prescribed period concerned, refer the return of the deposit to one or both parties to the Board as a dispute requiring resolution under Part 6 .

(2) The party who refers the dispute referred to in subsection (1) for resolution under Part 6 shall notify the Board and the other party to the tenancy that the application under section 148E has been withdrawn and the return of the deposit to one or both parties has been referred to the Board as a dispute requiring resolution under Part 6 and the notification under this section shall be made at the time the reference of the dispute for resolution under Part 6 is made.

(3) For the purposes of section 148B , where the dispute referred to in subsection (1) is referred to the Board for resolution under Part 6

(a) the application under section 148E shall be treated as withdrawn, and

(b) the return of the deposit concerned shall be made in accordance with section 148B(b) . ]