Residential Tenancies Act 2004

Determination orders.

121

121.—(1) Each of the following—

F168 [ ( a ) an agreement referred to in section 96(1) , ]

( b) a determination mentioned in a report of an adjudicator under section 99 ,

( c) a determination of the Tribunal notified to the Board under section 108 ,

( d) a direction given by an adjudicator or the Tribunal under section 82(5) or 117,

shall be the subject of a written record (in this Act referred to as a “determination order”) prepared F169 [ by the Director and issued by him or her ] to the parties concerned.

(2) A determination order shall contain the terms of the agreement, determination or direction concerned; those terms may be expressed in the order in a manner different from the manner in which they are expressed in the agreement, determination or direction if the F169 [ Director ] considers it appropriate to do so for the purpose mentioned in subsection (3).

(3) That purpose is to remove any ambiguity that the F169 [ Director ] considers exists in the terms of the agreement, determination or direction or to clarify, generally, those terms in a manner that it considers will be of benefit to the parties or will facilitate compliance with the agreement, determination or direction.

(4) In considering whether it is appropriate to exercise the power under subsection (2) with respect to the terms of a particular agreement or determination referred to in paragraph (a) or (b) of subsection (1), the F169 [ Director ] shall have regard to—

F168 [ ( a ) in the case of such an agreement, the report furnished F169 [ to him or her ] under section 95(4) , ]

( b) in the case of such a determination, the relevant report of the adjudicator furnished F169 [ to him or her ] under section 99(2) .

(5) In the case of doubt as to whether it is appropriate to exercise that power the Board may also consult with, as appropriate, the mediator, the adjudicator or the Tribunal and with the parties themselves.

F170 [ (5A) A document purporting to be a determination to which this section relates and to be signed by

( a ) the Director under this section, or

( b ) a member of the staff of the Board, pursuant to the function of the Director under this section being delegated to the member under section 161(2) ,

shall, unless the contrary is proved, be deemed to be a determination duly made and shall be received in any proceedings in any court without further proof of

(i) the determination,

(ii) the signature of the Director or the person to whom paragraph (b) relates, as the case may be, or

(iii) where relevant, the delegation to which paragraph (b) relates. ]

(6) F171 [ ]

(7) F172 [ ]

(8) The reference in subsection (1)(b) to a determination mentioned in a report of an adjudicator under section 99 does not include a reference to such a determination against which an appeal has been made under, and in accordance with, section 100 unless that appeal has been subsequently abandoned.

Annotations

Amendments:

F168

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 55(a), (b), S.I. No. 119 of 2016.

F169

Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(a)-(c), S.I. No. 266 of 2018.

F170

Inserted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(d), S.I. No. 266 of 2018.

F171

Deleted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(1)(e), S.I. No. 266 of 2018.

F172

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 55(c), S.I. No. 119 of 2016.