Residential Tenancies Act 2004

Power of Board to make procedural rules.

109

109.—(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.

(2) Without prejudice to the generality of subsection (1), rules under this section may—

( a) specify the forms to be used for referring a dispute to the Board under this Part,

( b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,

( c) specify that a fee of specified amount shall be paid to the Board in respect of the Board's initially dealing with a dispute or the following of any other procedure under this Part in relation to it F154 [ ],

( d) specify the period within which—

(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) to deal with or determine a dispute referred to the Board,

(ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,

(iii) F155 [ ]

(iv) the Board must serve the documents referred to in section 99(3) on each of the parties,

(v) a dispute must be referred under section 94, F156 [ 96(2) ] or 100 to the Tribunal,

(vi) F157 [ the Director must, from the date of receipt by the Board ] of a determination of an adjudicator under section 97(4)(a) (contained in a report made to it under section 99 ), make a determination order on foot of that determination,

(vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,

(viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,

(ix) F157 [ the Director must, from the date of receipt by the Board ] of a determination of the Tribunal under section 108 make a determination order on foot of that determination, and

(x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.

(3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.

Annotations

Amendments:

F154

Deleted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 20, S.I. No. 236 of 2019.

F155

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(c), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F156

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(d), S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F157

Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 6, 7, S.I. No. 266 of 2018.

F158

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.

Modifications (not altering text):

C28

Prospective affecting provision: subs. (2)(d)(i) amended by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(b), not commenced as of date of revision.

(i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) F158 [ or 94(aa) ] to deal with or determine a dispute referred to the Board,

Editorial Notes:

E79

Previous affecting provision:subs. (2)(c) amended (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 51(1)(a), S.I. No. 119 of 2016, subject to transitional provision in subs. (2); amendment deleted as per F-note above.