Residential Tenancies Act 2004

Interpretation (Part 6).

75

75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.

(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), 77 or 195(4) or paragraph 8(2) of F115 [ Schedule 1 ] to this Act.

(3) For the purposes of subsection (2)“disagreement” shall be deemed to include—

( a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,

( b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),

and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.

(4) References in this Part to a party, without qualification, are references to—

( a) a party to the dispute or disagreement concerned,

( b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,

( c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,

( d) in the case of a complaint mentioned in section 76(4) , the licensee and the landlord, and

( e) in the case of a complaint mentioned in section 77

(i) the complainant, and

(ii) the landlord of the dwelling concerned.

Annotations

Amendments:

F115

Substituted (31.05.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 17, S.I. No. 236 of 2019.

F116

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(a), (c), not commenced as of date of revision.

F117

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34(b), not commenced as of date of revision.

Modifications (not altering text):

C16

Prospective affecting provision: subs. (2) and (4)(d) amended and subs. (4)(da) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 34, not commenced as of date of revision.

(2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2) , 76(4), F116 [ 76A , ] 77 or 195(4) or paragraph 8(2) of the Schedule to this Act.

...

(4) ...

( d) in the case of a complaint mentioned in section 76(4) , the licensee and the F117 [ landlord, ]

F116 [ ( da ) in the case of a complaint mentioned in section 76A

(i) the landlord and the tenant, or

(ii) in the case of a sub-tenancy, the head-tenant and the sub-tenant referred to in that section,

and ]

...