Residential Tenancies Act 2004

Redress of an interim nature may be granted.

117

117.—(1) In addition to the powers conferred by this Part with respect to the determination of disputes, an adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.

(2) Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.

(3) As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.

(4) This section is without prejudice to section 189 and the power under subsection (1) may not be exercised in a manner which is inconsistent with or would derogate from any interim or interlocutory relief granted by the Circuit Court under that section.

Annotations

Amendments:

F164

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.

Modifications (not altering text):

C30

Prospective affecting provision: subs. (5) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 53, not commenced as of date of revision.

F164 [ (5) Without prejudice to subsection (1) , in the case of a complaint referred to in section 76A , the adjudicator, or as the case may be the Tribunal, may, in dealing with the complaint, proceed to give such directions under this section as the adjudicator or Tribunal, considers appropriate for the purpose of providing relief of an interim nature (other than payment of arrears of rent) to the parties including a direction that pursuant to section 86(1)(a)

( a ) the tenant shall continue to pay the rent payable under the tenancy, or

( b ) the sub-tenant shall continue to pay the rent payable under the sub-tenancy,

pending the determination of the original dispute referred to in section 76A . ]