Residential Tenancies Act 2004

Certain directions to be given in the case of arrears of rent.

119

119.—(1) Any amount of arrears stipulated to be paid by a determination shall be the gross amount of the rent and other charges (if any) concerned which the adjudicator or the Tribunal considers to be in arrears as reduced by—

( a) any relevant debts due, in the opinion of the adjudicator or the Tribunal, by the landlord to the tenant in accordance with section 48 of the Landlord and Tenant Law Amendment Act Ireland 1860,

( b) any set-off for expenditure on repairs the tenant would be entitled to make under section 87 of the Landlord and Tenant (Amendment) Act 1980,

( c) any compensation due by the landlord to the tenant in circumstances where section 61 of the Landlord and Tenant (Amendment) Act 1980 applies,

( d) any other amount which the adjudicator or the Tribunal considers warranted in the circumstances of the case,

and as increased by any amount that the adjudicator or the Tribunal, in all the circumstances of the matter, considers appropriate in respect of—

(i) F165 [ subject to subsection (3) , costs ] reasonably incurred by the landlord in pursuit of the arrears of rent,

(ii) damages,

(iii) F166 [ ]

(2) A determination of an adjudicator or the Tribunal in respect of an amount referred to in subsection (1) shall, if any of paragraphs (a) to (d) or paragraphs (i) to (iii) of that subsection have had to be applied in calculating the amount, indicate how the amount was calculated by reason of the application of the paragraph or paragraphs concerned.

F167 [ (3) The costs awarded under subsection (1)(i) shall not exceed 1,000. ]

Annotations

Amendments:

F165

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(a)(i), S.I. No. 119 of 2016.

F166

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(a)(ii), S.I. No. 119 of 2016.

F167

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 54(b), S.I. No. 119 of 2016.