Residential Tenancies Act 2004

F239 [ Agreement between the parties on the return of deposit

148C

148C. ... ]

Annotations

Amendments:

F239

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

Modifications (not altering text):

C47

Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

F239 [ 148C. (1) Where the landlord and tenant are in agreement in respect of the manner in which the deposit referred to in section 12(1)(d) is to be returned by the Board, an application may be made to the Board by both parties (in this Act referred to as a joint agreed application ) in respect of the return of the deposit to one or both of the parties.

(2) A joint agreed application shall be made on, or as soon as practicable after, the end of the tenancy.

(3) A joint agreed application under this section shall include

( a ) the reference number, referred to in section 135(3) , used by the Board for the tenancy concerned,

( b ) the date on which the tenancy ended,

( c ) a statement that the landlord and the tenant have agreed the manner in which the deposit is to be returned to one or both of the parties,

( d ) having regard to the conditions referred to in section 12(4) , a statement that

(i) all of the deposit is to be returned to the tenant,

(ii) all of the deposit is to be returned to the landlord, or

(iii) the whole amount of the deposit is not to be returned to the tenant or the landlord and specifying the amount that is to be returned to each party,

( e ) the address of the dwelling, and

( f ) the address for correspondence, after the tenancy has ended, of the landlord and the tenant if the address has not been provided to the Board as required under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii) .

(4) A joint agreed application shall be made in the prescribed form and each party shall state their agreement to the return of the deposit in the manner specified in the joint agreed application.

(5) A joint agreed application under this section shall be sent to the Board by the landlord.

(6) The Minister may make regulations under this section for the making of a joint agreed application and provision may be made for the making of the application by electronic means. ]