Residential Tenancies Act 2004

F316[Relationship between investigation and criminal proceedings

148AG

148AG. (1) If a sanction is imposed on a landlord under section 148AA(3) or 148AB(2) and the improper conduct in respect of which the sanction is imposed is an offence under this Act, the landlord is not liable to criminal proceedings for the offence in respect of the improper conduct concerned.

(2) If criminal proceedings have been or are being brought against a landlord and the offence in respect of which the proceedings have been or are being brought is improper conduct, a sanction may not be imposed on the landlord under section 148AA(3) or 148AB(2) in respect of the offence concerned.

(3) An acknowledgment by a landlord under section 148W(1) is not admissible against the landlord in criminal proceedings other than criminal proceedings for an offence under section 148S(16).]

Annotations

Amendments:

F316

Inserted (1.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 28, S.I. No. 286 of 2019.