Residential Tenancies Act 2004

Status of certain matters pending determination of dispute.

86

86.—(1) Subject to subsection (2), pending the determination of a dispute that has been referred to the Board (but subject to that determination when it is made)—

F130 [ ( a ) the rent payable

(i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and

(ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i) , shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant, ]

( b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and

( c) a termination of the tenancy concerned may not be effected.

(2) Subsection (1) does not apply if—

( a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,

( b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,

( c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—

(i) before the dispute was referred to the Board for resolution, or

(ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,

or

( d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82, 83, 84 or 85.

(3) The dispute mentioned in subsection (2)(c) is a dispute relating to the validity of the notice of termination concerned or the right of the landlord or tenant, as appropriate, to serve it.

Annotations

Amendments:

F130

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 41, S.I. No. 119 of 2016.