Residential Tenancies Act 2004

F119 [ Section 76A : supplemental provisions relating to adjudication and determination of dispute relating to complaint

76B

76B. ... ]

Annotations

Amendments:

F119

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

Modifications (not altering text):

C18

Section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 35, not commenced as of date of revision.

F119 [ 76B. (1) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , arranged for the dispute to be the subject of adjudication

( a ) when adjudicating, under section 97 , such dispute and without prejudice to section 97 , the adjudicator

(i) shall have regard to the original dispute referred to in section 76A , and

(ii) may proceed to give such directions under section 117 as he or she considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,

and

( b ) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently.

(2) Where in respect of a dispute concerning a complaint under section 76A , the Board has made a communication under section 92 in relation to the dispute and has, in accordance with section 94(aa) , referred it to the Tribunal

( a ) when determining such dispute, without prejudice to Chapter 6 of this Part, section 109 or any other provision of this Part, the Tribunal

(i) shall have regard to the original dispute referred to in section 76A , and

(ii) may proceed to give such directions under section 117 as it considers appropriate for the purpose of providing relief of an interim nature in respect of the complaint,

and

( b ) the Board shall arrange for the original dispute referred to in section 76A and the dispute concerning a complaint under section 76A to be determined concurrently. ]