Residential Tenancies Act 2004

F259 [ Notice of investigation

148V

148V. (1) The authorised officer appointed by the Board under section 148U shall, subject to subsection (2) , as soon as is practicable after being so appointed

( a ) if the investigation arises following receipt of a complaint by the Board

(i) give notice in writing to the landlord in relation to whose improper conduct the complaint relates of the receipt of the complaint and setting out particulars of the complaint,

(ii) give the landlord copies of any documents relevant to the investigation, and

(iii) without prejudice to the generality of section 148S , afford to the landlord an opportunity to respond within 21 days from the date on which the landlord received the notice referred to in subparagraph (i) , or such further period not exceeding 21 days as the authorised officer allows, to the complaint,

( b ) if the investigation arises on the volition of the Board

(i) give notice in writing to the landlord concerned of the matters to which the investigation relates,

(ii) give the landlord copies of any documents relevant to the investigation, and

(iii) without prejudice to the generality of section 148S , afford the landlord an opportunity to respond, within 21 days from the date on which the landlord received the notice referred to in subparagraph (i), or such further period not exceeding 21 days as the authorised officer allows, to the matter to which the investigation relates.

(2) The notice under paragraph (a) or (b) of subsection (1) shall advise the landlord that he or she may acknowledge a contravention under section 148W .

(3) Where an investigation arises following receipt of a complaint by the Board, the authorised officer appointed to carry out the investigation

( a ) shall, as soon as is practicable, give the complainant a copy of the notice referred to in subsection (1)(a)(i) given to the landlord in relation to whose improper conduct the complaint relates, and

( b ) shall make reasonable efforts to ensure that the complainant is kept informed of progress on the investigation. ]

Annotations

Amendments:

F259

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