Residential Tenancies Act 2004

F242 [ Notification by Board of application for return of deposit where no agreement between the parties

148F

148F. ... ]

Annotations

Amendments:

F242

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

Modifications (not altering text):

C50

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

F242 [ 148F. (1) On receipt of an application under section 148E , the Board shall

( a ) acknowledge receipt of the application on notice to the party who did not make the application,

( b ) notify the party who did not make the application

(i) that an application has been made under section 148E for the return of the deposit,

(ii) of the statement referred to in section 148E(2)(d) , and

(iii) if the application was made

(I) by the landlord, whether the landlord has provided the notification to the Board under section 12(1)(d)(ii)(IV) and whether the notification has specified a default referred to in section 12(4) , or

(II) by the tenant, whether he or she has received a copy of the notification and whether he or she agrees with the matters specified in it and has taken it into account in the statement referred to in subparagraph (ii) ,

( c ) request the party who did not make the application concerned to notify the Board, in writing and within the prescribed period, if he or she

(i) agrees with the return of the deposit as set out in the application concerned (in this Act referred to as a statement of agreement ), or

(ii) does not agree with the return of the deposit as set out in the application concerned (in this Act referred to as a statement of disagreement ),

( d ) notify the party who did not make the application

(i) of the requirements for return of the deposit under section 148B , and

(ii) that 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 ,

( e ) inform the party who did not make the application of the right of referral to the Board for resolution under Part 6 of a dispute between the parties in respect of the return of the deposit,

( f ) request the party who did not make the application to notify the Board that if he or she does not agree with the return of the deposit whether he or she proposes to refer, or has referred, the disagreement on such return to the Board for resolution under Part 6 ,

( g ) inform the party who did not make the application that where he or she does not respond, within the prescribed period, to the Board with the information requested under paragraph (c) , the return of the deposit shall be made in accordance with section 148L , and

( h ) inform the party who did not make the application of the obligations on the parties under sections 12(1)(d)(ii)(III) and 16(o)(iii) to provide the Board with his or her address for correspondence when the tenancy has ended and of the obligations of the parties under section 148A and subsection (2) .

(2) Without prejudice to section 148A , the party who did not make the application under section 148E and to whom the notification in subsection (1) is sent, shall send the statement of agreement or, as the case may be, the statement of disagreement to the Board within the prescribed period.

(3) Where the party who did not make the application under section 148E proposes to refer, or has referred, the disagreement referred to in paragraph (f) of subsection (1) , to the Board for resolution under Part 6 , he or she shall, within the prescribed period, notify the Board accordingly and such notification shall be made in writing in the prescribed form. ]