Residential Tenancies Act 2004

F241 [ Application for return of deposit where no agreement between the parties

148E

148E. ... ]

Annotations

Amendments:

F241

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

Modifications (not altering text):

C49

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

F241 [ 148E. (1) Where a landlord and tenant do not agree on the return, by the Board, of a deposit to one or both of them, the landlord or the tenant may apply to the Board in respect of such return to one or both of them on, or as soon as practicable after, the end of the tenancy.

(2) An 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 parties are not in agreement in respect of the return of the deposit to one or both of them,

( d ) 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,

( f ) confirmation that the applicant has complied with the obligation under section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii) ,

( g ) if the application is made by the landlord, a statement as to whether he or she has

(i) made the notification referred to in section 12(1)(d)(ii)(IV) to the Board, and

(ii) complied, where the notification was made, with section 12(6) ,

and

( h ) if the application is made by the tenant, a statement

(i) as to whether he or she has received a copy of the notification referred to in section 12(1)(d)(ii)(IV) ,

(ii) as to whether he or she agrees with the matters specified in that notification, and

(iii) as to whether the statement referred to in paragraph (d) incorporates the matters specified in that notification.

(3) Where the Board receives an application under this section from each party in respect of the same tenancy, the Board shall consider each such application together.

(4) An application under this section shall be made on notice to the other party to the tenancy.

(5) An application under this section shall be made in the prescribed form.

(6) Without prejudice to paragraph (h) of subsection (2) , where

( a ) a tenant makes an application under section 148E ,

( b ) the tenant has received a copy of the notification referred to in section 12(1)(d)(ii)(IV) ,

( c ) the tenant does not agree with the matters specified in the notification, and

( d ) the tenant has not incorporated all or any of the matters specified in that notification in the statement referred to in paragraph (d) of subsection (2) ,

the Board shall notify the parties that

(i) as, pursuant to the statement referred to in paragraph (d) and the notification referred to in paragraph (b) , there is no agreement between the parties in relation to the matters specified in the notification, and

(ii) as the Board is required under paragraph (b) of 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 that section,

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 .

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