Residential Tenancies Act 2004

Withdrawal of matter referred to Board.

82

82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.

(2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.

(3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.

(4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.

(5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party F127 [ subject to subsection (6) , any costs referred to in subsection (7) ] incurred by that other party as it or he or she determines.

F128 [ (6) Any costs awarded under subsection (5) shall not exceed 1,000.

(7) In subsection (5) , costs incurred by the other party includes costs or expenses

( a ) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and

( b ) relating to the preparation of his or her case,

and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a) . ]

Annotations

Amendments:

F127

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(a), S.I. No. 119 of 2016.

F128

Inserted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 39(b), S.I. No. 119 of 2016.