Residential Tenancies Act 2004

“Cooling-off” period for purposes of section 97(4)(b) .

98

98.—(1) A decision reached by the parties themselves in resolution of the matter concerned may not be the subject of a declaration under section 97(4)(b) unless—

( a) a period of F142 [ 10 days ] has elapsed from the date on which the parties first inform the adjudicator that such a decision has been reached by them, and

( b) in that period none of the parties has informed the adjudicator that he or she no longer accepts that decision.

(2) If, in the period mentioned in subsection (1), the adjudicator is informed by any of the parties that he or she no longer accepts the decision mentioned in that subsection, the adjudicator shall, subject to conducting any further hearings in the matter as he or she thinks appropriate, proceed to reach a decision himself or herself in the matter.

(3) The adjudicator shall indicate to the parties the effect of this section upon being first informed by them that a decision has been reached by them in resolution of the matter concerned.

(4) That indication of the adjudicator shall also include an indication that the decision reached is not capable of being appealed to the Tribunal and shall become binding on the parties on a determination order under section 121 being made in relation to it.

Annotations

Amendments:

F142

Substituted (1.03.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 47, S.I. No. 119 of 2016.