Residential Tenancies Act 2004

F240 [ Return by Board of deposit where joint agreed application made under section 148C

148D

148D. ... ]

Annotations

Amendments:

F240

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

Modifications (not altering text):

C48

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

F240 [ 148D. (1) Where the Board has received a joint agreed application under section 148C for the return of the deposit referred to in section 12(1)(d ), it shall, as soon as practicable

( a ) acknowledge receipt of the joint agreed application to each party, and

( b ) return the deposit in accordance with the manner specified in the joint agreed application pursuant to section 148C(3)(d) , unless one of the parties notifies the Board, in writing, within the prescribed period, that there is no agreement between the parties in respect of the manner in which all or part of the deposit is to be returned to one or both of them.

(2) Where the address provided for the landlord or tenant in the joint agreed application is different to the address furnished to the Board pursuant to

( a ) section 12(1)(d)(ii)(III) , in the case of the landlord or, as the case may be, the address for correspondence furnished to the Board pursuant to section 136 , or

( b ) section 16(o)(iii) , in the case of the tenant,

the Board shall notify the parties accordingly and require confirmation of the correct address for correspondence in respect of the return of the deposit.

(3) Where the Board does not receive a notification referred to in paragraph (b) of subsection (1) within the prescribed period, the Board shall, as soon as practicable, return the deposit in accordance with the joint agreed application.

(4) Where the landlord or the tenant notifies the Board of the matter specified in subsection (1)(b) , the Board shall notify the parties, in writing, that

( a ) as there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d) , and

( b ) as the Board is required under section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with section 148B ,

it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6 . ]