Residential Tenancies Act 2004

Exceptions to section 93: direct reference of matter to Tribunal, etc.

94

94.—Notwithstanding section 93, the Board shall not be required to arrange for—

(a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—

(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or

(ii) refer the dispute to the Tribunal,

or

(b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.

Annotations

Amendments:

F187

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.

Modifications (not altering text):

C63

Prospective affecting provision: para. (aa) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 43, not commenced as of date of revision.

F187[(aa) mediation of the kind mentioned in that section in relation to a complaint referred to in section 76A in which case the Board may, as it thinks appropriate—

(i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or

(ii) refer the dispute to the Tribunal,]