Residential Tenancies Act 2004

Binding nature of determination orders.

123

123.—(1) A determination order embodying the terms of F173 [ an agreement referred to in section 96(1) ] or the determination of an adjudicator under section 97 shall become binding on the parties concerned on the order being issued to them.

(2) A determination order embodying the terms of a determination of the Tribunal shall, on the expiry of the relevant period, become binding on the parties concerned unless, before that expiry, an appeal in relation to the determination is made under subsection (3).

(3) Any of the parties concerned may appeal to the High Court, within the relevant period, from a determination of the Tribunal (as embodied in a determination order) on a point of law.

(4) The determination of the High Court on such an appeal F174 [ ] shall be final and conclusive.

(5) The High Court may, as a consequence of the determination it so makes, F175 [ direct the Director ] to cancel the determination order concerned or to vary it in such manner as the Court specifies and F175 [ the Director shall cancel ] or vary the order accordingly; if the cancellation or variation directed to be made relates to a determination of the Tribunal not to deal with the dispute in accordance with section 85 , the Board shall, in addition, refer all or part, as appropriate, of the dispute to the Tribunal for determination by the Tribunal and the provisions of this Part shall, with any necessary modifications, apply to that determination.

(6) References in section 124 to a determination order shall, where that order embodies the terms of a determination of the Tribunal, be construed as references to—

( a) such an order as respects which an appeal against the determination embodied in it has not been made under this section within the relevant period or, if such appeal has been brought, it has been abandoned, or

( b) if such an appeal has been brought (and the result of the appeal does not require the F175 [ Director ] to cancel the order under subsection (5)), as the case may be—

(i) such an order in the terms as it was originally made, or

(ii) such an order in the terms as it stands following the variation of it by the F175 [ Director ] under subsection (5).

(7) The Board F176 [ shall ] publish, in such manner as it thinks fit—

( a) a determination order F175 [ issued by the Director ] (including such an order as it stands varied by it under subsection (5)),

( b) notice of the cancellation of such an order under subsection (5) or section 125 .

(8) In this section “relevant period” means the period of 21 days beginning on the date that the determination order concerned is issued to the parties.

Annotations

Amendments:

F173

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 56(a), S.I. No. 119 of 2016.

F174

Deleted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 56(b), S.I. No. 119 of 2016.

F175

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. 8-11, S.I. No. 266 of 2018.

F176

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 21, S.I. No. 236 of 2019.