Residential Tenancies Act 2004

Particular matters that may be referred (non-exhaustive list).

78

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—

( a) the retention or refund of a deposit,

( b) the amount that ought to be initially set (in compliance with section 19 F112 [ or, as the case may be, section 19A ] ) as the amount of rent under a tenancy,

( c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,

( d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,

( e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,

F113 [ ( f ) an allegation that the landlord has sought to

(i) terminate a tenancy (other than a tenancy referred to in subsection (1A) of section 3 ) other than in accordance with Part 4 , or

(ii) terminate a tenancy referred to in subsection (1A) of section 3 other than in accordance with Part 5 , ]

( g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,

( h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,

( i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,

( j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,

( k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,

( l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,

( m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,

( n) an alleged failure by a person to comply with a determination order made by the Board,

( o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),

( p) an allegation that an agreement referred to in section 35(6) has not been complied with,

( q) a claim by a landlord for arrears of rent or other charges.

(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant’s tenancy arises whether or not such a dispute is also so referred by the head-tenant.

(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant’s—

( a) not having taken any issue with the head-landlord in relation to that matter, or

( b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or

( c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.

Annotations:

Amendments:

F112

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 12, S.I. No. 151 of 2016.

F113

Substituted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 18, S.I. No. 354 of 2019.

F114

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F115

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F116

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

Modifications (not altering text):

C18

Prospective affecting provision: subs. (1) amended, subs. (1)(a) substituted and subs. (1)(aa)-(ad) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37, not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, F114 [ where appropriate, and without prejudice to section 76A , complaints ] may be referred to the Board for resolution include—

F115 [ ( a ) without prejudice to the generality of paragraph (e) , failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i) , ]

F116 [ ( aa ) failure by

(i) a landlord to comply with section 12(1)(d)(ii)(III) , or

(ii) a tenant to comply with section 16(o)(iii) ,

(ab ) the return of the deposit to one or both parties,

( ac ) failure by a party to the tenancy to comply with sections 148A , 148F(2) or 148I(3) ,

( ad ) any loss referred to in section 148I(6) , ]