Residential Tenancies Act 2004

F139 [ Procedures to be followed by Board following report of mediator

96

96. (1) Where

( a ) the report furnished to the F140 [ Director ] under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute,

( b ) a period of 10 days has elapsed from the date of the completion of the mediation, and

( c ) during that period of 10 days no party to the agreement has made a notification under section 95(5A) to the mediator and the Board,

F140 [ the Director shall prepare ] a determination order under section 121 in respect of the dispute.

(2) Where

( a ) one or more of the parties to a dispute request the Board to refer the dispute to the Tribunal, and

( b ) the report furnished F140 [ to the Director ] under section 95(5) states that

(i) there is no agreement between the parties that has resolved the dispute,

(ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the parties, or

(iii) there is an agreement between the parties that has resolved the dispute but, within the period of 10 days following the completion of the mediation, a party to that agreement has made a notification to the mediator and the Board under section 95(5A) ,

the Board shall refer the dispute to the Tribunal.

(2) Subsection (1) shall apply to a mediation arranged in accordance with section 93(2) of the Principal Act on or after the commencement of this section. ]

Annotations

Amendments:

F139

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 45, S.I. No. 119 of 2016, subject to transitional provision in subs. (2).

F140

Substituted (23.07.2018) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 48(2) and sch. part 3 ref. nos. 2-4, S.I. No. 266 of 2018.