Residential Tenancies Act 2004

F257 [ Complaint


148T. (1) A person (in this section referred to as a complainant ) may make a complaint in writing to the Board alleging that improper conduct by a landlord has occurred or is occurring.

(2) Where the Board receives a complaint, it shall cause an investigation of the matter the subject of the complaint to be carried out unless, following the making of such inquiries as it thinks fit, the Board is satisfied that

( a ) insufficient information is provided with the complaint to enable the Board to form a view whether the complaint should be investigated,

( b ) the complaint does not relate to improper conduct,

( c ) the complaint is not made in good faith,

( d ) the complaint is frivolous or vexatious or without substance or foundation, or

( e ) the complaint should be referred to the Board for resolution under Part 6 .

(3) Where the Board decides that a complaint falls within paragraph (a) , (b) , (c) , (d) or (e) of subsection (2) , it shall give notice in writing to the complainant and the landlord of the decision and the reasons for the decision.

(4) Where a complaint is withdrawn by a complainant before the decision maker has made a decision under section 148X(4) or (5) , the Board may proceed as if the complaint had not been withdrawn if it is satisfied that there is good and sufficient reason for so doing.

(5) Where, pursuant to subsection (4) , the Board proceeds as if a complaint had not been withdrawn, the investigation concerned shall thereupon be treated as an investigation initiated by the Board, and other provisions of this Part shall be construed accordingly. ]




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