Residential Tenancies Act 2004

F261 [ Investigation report and decision

148X

148X. (1) Subject to subsection (3) , where an authorised officer has completed an investigation, the authorised officer shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation, any information or records provided to the authorised officer pursuant to any requirement under section 148S , any statement or admission made by any person pursuant to any requirement under that section, any submissions made and any evidence presented (whether at an oral hearing referred to in section 148S(14) or otherwise)

( a ) prepare a draft of the investigation report, and

( b ) give to the landlord to whom the investigation relates and, if the investigation arose following receipt of a complaint, the complainant

(i) a copy of the draft of the investigation report,

(ii) a copy of this section, and

(iii) a notice in writing stating that the landlord and complainant (if any) may, not later than 21 days from the date on which the notice was respectively received by them, or such further period not exceeding 21 days as the authorised officer allows, each make submissions in writing to the authorised officer on the draft of the investigation report.

(2) Subject to subsection (3) , an authorised officer who has complied with subsection (1) shall, as soon as is practicable after

( a ) the expiration of the period referred to in subsection (1)(b)(iii) , and

( b ) having

(i) considered the submissions (if any) referred to in subsection (1)(b)(iii) made before the expiration of that period on the draft of the investigation report concerned, and

(ii) made any revision to the draft of the investigation report which, in the opinion of the authorised officer, is warranted following such consideration,

prepare the final form of the investigation report and submit it to the decision maker appointed by the Board under section 148U with any such submissions annexed to the report.

(3) Where an authorised officer states, whether in a draft of the investigation report or in the final form of the investigation report, that he or she is satisfied that improper conduct by the landlord has occurred or is occurring, the authorised officer shall not make any recommendation, or express any opinion, in the report as to the sanction that he or she thinks ought to be imposed on the landlord in respect of such improper conduct in the event that the decision maker is also satisfied that improper conduct by the landlord has occurred or is occurring.

(4) Subject to subsection (6) , where the decision maker has considered an investigation report (and any submissions annexed thereto) submitted to him or her under subsection (2) , he or she shall decide to do one of the following:

( a ) if he or she is satisfied that improper conduct by the landlord has occurred or is occurring, may, subject to subsection (9) and section 148Z impose a sanction on the landlord as he or she thinks fit in the circumstances of the case;

( b ) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring but is of the opinion that a further investigation of the landlord is warranted, shall direct the Board to cause a further investigation on the matters to which, in the opinion of the decision maker the further investigation should relate;

( c ) if he or she is not satisfied that improper conduct by the landlord has occurred or is occurring and is not of the opinion that a further investigation of the landlord is warranted, and the investigation arose

(i) following the receipt of a complaint by the Board, shall dismiss the complaint,

(ii) on the volition of the Board, shall decide that no further action under this Part is warranted.

(5) Subject to subsection (7) , where the decision maker has considered an acknowledgment by a landlord under section 148W(1) submitted to him or her under section 148W(2) he or she may decide, subject to subsection (9) and section 148Z , to impose a sanction on the landlord as he or she thinks fit in the circumstances of the case.

(6) Where the decision maker has considered an investigation report (and any submissions annexed thereto) submitted to him or her under subsection (2) , the decision maker may, if he or she considers it proper to do so for the purposes of assisting him or her to make a decision under subsection (4) , or for the purposes of observing fair procedures, for those purposes

( a ) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant

(i) a copy of the investigation report (and any submissions annexed thereto), and

(ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the investigation report,

or

( b ) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the investigation report and the notice referred to in paragraph (a)(ii) .

(7) Where the decision maker has considered an acknowledgment under section 148W(1) submitted to him or her under section 148W(2) the decision maker may, if he or she considers it proper to do so for the purposes of assisting him or her to make a decision under subsection (5) or for the purposes of observing fair procedures

( a ) conduct an oral hearing and give to the landlord and, if the investigation arose following receipt of a complaint, the complainant

(i) a copy of the acknowledgment by the landlord, and

(ii) a notice in writing stating that the landlord and complainant may, not later than 14 days from the date on which the notice was respectively received by them, or such further period not exceeding 14 days as the decision maker allows, each make submissions in writing to the decision maker on the acknowledgment by the landlord under section 148W(1) ,

or

( b ) give to the landlord and, if the investigation arose following receipt of a complaint, the complainant a copy of the acknowledgement by the landlord and the notice referred to in paragraph (a)(ii) .

(8) Part 2 of Schedule 3 shall have effect for the purposes of an oral hearing referred to in subsection (6)(a) or (7)(a) .

(9) Where subsection (4)(a) or (5) applies, the decision maker shall in deciding the sanction to be imposed on the landlord take into consideration the matters referred to in section 148AD .

(10) The decision maker shall, as soon as practicable after making a decision under subsection (4) or (5) , give notice in writing of the decision and the reasons for it to the Board.

(11) In this section, sanction in relation to improper conduct, means one, more than one, or all of the following:

( a ) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding 15,000, by way of financial penalty for the improper conduct by the landlord specified in the direction;

( b ) a direction in writing to the landlord to pay to the Board a sum specified in the direction not exceeding 15,000, being all or part of the costs incurred by the Board in investigating the matter to which the direction relates;

( c ) the giving of a caution in writing to the landlord. ]

Annotations

Amendments:

F261

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