Residential Tenancies Act 2004

Right of referral in respect of breach of duty under section 15 .

77

77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.

F111 [ (1A) Without prejudice to subsection (1) , where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h) , the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15 . ]

(2) The conditions mentioned in subsection (1) are—

( a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and

( b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).

F111 [ (2A) The conditions mentioned in subsection (1A) are

(a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and

(b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter

(i) by communicating or attempting to communicate with the landlord or former landlord, or

(ii) by

(I) requesting a person referred to in subsection (4) (in this section referred to as a subsection (4) person ) to communicate with the landlord or former landlord on his or her behalf, and

(II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15 ,

and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted. ]

(3) For the purposes of facilitating the person’s compliance with subsection (2)(b) F111 [ or, as the case may be, subsection (2A)(b) ] , the Board may furnish to a person who proposes to make a reference under this section F111 [ or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made, ] the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.

F111 [ (4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request

(a) an owners management company within the meaning of the Multi-Unit Developments Act 2011 ,

(b) a body corporate, or

(c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents association or a neighbourhood watch group,

to do either or both of the following on his or her behalf:

(i) to make the communication referred to in subsection (2A)(b) ;

(ii) to refer the complaint referred to in subsection (1A) to the Board.

(5) For the purposes of section 75(4)(e) , where, in accordance with this section, a subsection (4) person

(a) refers a complaint to the Board on behalf of a person referred to in section 15 , or

(b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15 ,

the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part. ]