39A.—(1) F168[…]

(2) F168[…]

(3) Where the tenant refers a matter in connection with the notice of termination to the Board for resolution under section 76, the adjudicator appointed under section 97 to inquire into the dispute shall have regard to any advice referred to in subsection (3A) of section 67 (inserted by section 12 of the Residential Tenancies and Valuation Act 2020) when making a decision or determination under subsection (4) of section 97 in relation to the matter.

(4) The Tribunal shall, on the hearing of an appeal from a decision or determination of an adjudicator referred to in subsection (3), have regard to any advice referred to in subsection (3A) of section 67 when making a decision or determination under section 108.]