Residential Tenancies Act 2004

Enforcement of determination orders.

124

124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the F331[District Court] for an order under subsection (2).

F332[(2) On such an application and subject to section 125, the District Court shall, if it is satisfied that the determination order has been issued to the party concerned (in this section referred to as the "respondent") and that the respondent has failed to comply with one or more terms of the determination order concerned, make an order directing the respondent to comply with that term or those terms.]

(3) F333[…]

(4) F333[…]

(5) F333[…]

F332[(6) If the applicant under this section is not the Board, and the respondent proposes to oppose the application, the respondent shall give the Board at least 10 working days’ notice specifying that the respondent proposes to oppose the application on the ground that—

(a) the determination order has not been issued to the respondent, or

(b) the determination order ought to be cancelled under section 125,

and the Board shall be entitled to appear and be heard at the hearing of the application.]

(7) The court may make such ancillary or other orders F334[, including an order for possession of a dwelling the subject of a determination order,] as it considers just on the hearing of an application under this section.

(8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).

(9) An application under this section to the F331[District Court] shall be made to the judge of the F331[District Court] for the F331[District Court district] in which the tenancy or dwelling concerned is or was situated.

F335[(10) The monetary limit for the time being standing specified of the jurisdiction of the District Court shall not apply in respect of proceedings brought or heard, as the case may be, in the District Court under this section on or after the commencement of section 57 of the Residential Tenancies (Amendment) Act 2015 and, the monetary limit which shall apply in respect of those proceedings, shall be the monetary limit F336[for an action in tort] for the time being standing specified of the jurisdiction of the Circuit Court.]

Annotations

Amendments:

F331

Substituted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(a), (c), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).

F332

Substituted (25.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 49(1)(a), (c), S.I. No. 497 of 2026, subject to transitional provision in subs. (2).

F333

Deleted (25.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 49(1)(b), S.I. No. 497 of 2026, subject to transitional provision in subs. (2).

F334

Inserted (19.12.2017) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 49, S.I. No. 590 of 2017.

F335

Inserted (25.02.2018) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(d), S.I. No. 37 of 2018, subject to transitional provisions in subss. (2)-(4).

F336

Inserted (25.09.2026) by Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 (33/2026), s. 49(1)(d), S.I. No. 497 of 2026, subject to transitional provision in subs. (2).

F337

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(4).

Modifications (not altering text):

C68

Prospective affecting provision: subss. (7A), (7B) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 57(1)(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(4).

124.— ...

F337[(7A) Without prejudice to the generality of subsection (2), where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has paid the deposit in accordance with section 148B(b), the court shall have regard to that payment when making an order under this section including an ancillary or other order referred to in subsection (7).

(7B) Without prejudice to the generality of subsection (2), where the determination order that is the subject of an application under this section includes provision for the return of a deposit pursuant to section 148B(b) and the Board has not, before the application under this section, paid the deposit in accordance with section 148B(b), the court shall have regard to such provision for the return of a deposit when making an order under this section including an ancillary or other order referred to in subsection (7).]