Residential Tenancies Act 2004

Damages for abuse of section 34 termination procedure.

56

56.—(1) This section applies where—

( a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a) ,

( b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 , and

( c) F102 [ (i) in case the ground cited is that specified in paragraph 3 of that Table

(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein,

(II) the notice of termination is not accompanied by the statutory declaration referred to in section 35 , or

(III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied, ]

(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

(2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.

(3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if he or she or it considers it proper to do so, make—

( a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,

( b) subject to section 118 , a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or

( c) subject to section 118 , a determination comprising both of the foregoing directions.

(4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1) .

(5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.

(6) For the avoidance of doubt—

( a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and

( b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.

TABLE

( c) F102 [ (i) in case the ground cited is that specified in paragraph 3 of that Table

(I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or

(II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied, ]

(ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

(iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

Annotations

Amendments:

F102

Substituted (4.06.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 14(a), (b), S.I. No. 236 of 2019.