C89

Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

F291[148I. (1) Where the Board does not receive, pursuant to section 148F, a statement of agreement or, as the case may be, a statement of disagreement within the prescribed period, the Board shall—

(a) notify the party who did not make the application under section 148E that the Board has not received, within the prescribed period, a statement of agreement or, as the case may be, a statement of disagreement as required under section 148F(2),

(b) request the party referred to in paragraph (a) to provide the Board, within the prescribed period, with—

(i) a statement of agreement or, as the case may be, the statement of disagreement as required under section 148F(2), and

(ii) a notification specified in subsection (2), if a statement of disagreement is provided to the Board pursuant to subparagraph (i),

(c) notify the party referred to in paragraph (a) of the return of the deposit by the Board in accordance with section 148L if—

(i) the notification referred to in subparagraph (i) of paragraph (b) is not provided to the Board within the period prescribed for the purposes of that paragraph,

(ii) a notification referred to in subparagraph (ii) of paragraph (b), that is required under that subparagraph to be provided to the Board, is not provided to the Board within the period prescribed for the purposes of that paragraph, and

(iii) the Board is satisfied of the matters specified in subsection (1) of section 148L,

and

(d) notify the party referred to in paragraph (a) of the obligation of the landlord under section 12(1)(d)(ii) and the tenant under section 16(o), the obligations on the parties under section 148A, the obligation under section 148F(2) and of the obligation under subsection (3).

(2) Where a statement of disagreement is provided to the Board pursuant to subsection (1), it shall be accompanied by a notification, in writing, to the Board stating whether the party to whom the notification under subsection (1) was sent—

(a) has made an application under section 148E in respect of the deposit concerned, or

(b) has referred a dispute to the Board, for resolution under Part 6, in relation to the deposit concerned.

(3) Without prejudice to section 148A, the party to whom the request referred to in paragraph (b) of subsection (1) is made shall provide the Board, within the prescribed period, with—

(a) the statement of agreement or, as the case may be, the statement of disagreement, and

(b) where a notification specified in subparagraph (ii) of that paragraph is required to be provided to the Board, shall provide the Board with that notification.

(4) Where, pursuant to a notification under subsection (1), the Board does not, within the prescribed period, receive—

(a) a statement of agreement or, as the case may be, a statement of disagreement, and

(b) a notification referred to in subparagraph (ii) of paragraph (b) of subsection (1) where such notification is required to be provided to the Board under that subparagraph,

the Board shall request the party who made the application under section 148E to make a statutory declaration which shall include a declaration as to the matters specified in subsection (5).

(5) A statutory declaration referred to in subsection (5) shall include a declaration—

(a) that the person making the declaration—

(i) has not participated with the other party to make a joint agreed application under section 148C in respect of the return of the deposit concerned,

(ii) has not made a new application (including a revised application referred to in section 148K) under section 148E in respect of the deposit concerned,

(iii) has not, pursuant to the failure, by the other party, to comply with subsection (3) or section 148F(2), referred a dispute to the Board for resolution under Part 6, other than a dispute under subsection (6), in relation to the return of the deposit, and

(iv) has not received a notification from the Board, pursuant to Part 6, that an application has been made to it pursuant to section 76 in respect of the return of the deposit or any matter relating to the return of the deposit,

(b) that, in respect of the return, by the Board, of the deposit—

(i) the deposit be returned to the tenant,

(ii) the deposit be returned to the landlord, or

(iii) if the whole amount of the deposit is not to be returned to the tenant or the landlord, the amount of the deposit that is to be returned to each party,

(c) of the grounds on which he or she is relying for the return of the deposit and where an amount of the deposit is to be returned to him or her, as specified in accordance with paragraph (b)(iii), the grounds on which that amount is calculated,

(d) if he or she is the tenant, that—

(i) he or she has not, received a notification under section 12(6) of a default referred to in section 12(4), and

(ii) to the best of his or her knowledge, there has, or has not, been a default referred to in section 12(4), and if there has been such default that it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c),

and

(e) if he or she is the landlord, that—

(i) he or she has complied with sections 12(1)(d)(ii)(IV) and 12(6), and

(ii) there has been a default referred to in section 12(4), and it has been addressed in the declaration pursuant to the requirements of paragraphs (b) and (c).

(6) Any loss accruing to the party who made the application under section 148E by reason of delay in the return of the deposit that arises from either or both of the following may be the subject of a complaint to the Board under Part 6:

(a) the failure of the other party to provide the Board with a notification of agreement or disagreement under section 148F and subsection (3) (or either of them) within the prescribed period;

(b) the failure of the other party to comply with section 12(1)(d)(ii)(III) or, as the case may be, section 16(o)(iii).

(7) A notification and request under subsection (1) shall be made in the prescribed form.

(8) The Board shall send the party who made the application under section 148E a copy of a notification under subsection (1).

(9) The party referred to in subsection (1)(b) shall notify the party who made the application under section 148E that he or she has sent to the Board—

(a) the statement of agreement, or

(b) the statement of disagreement and a notification required under subsection (2),

within the prescribed period.

(10) Where—

(a) the application under section 148E is made by a tenant,

(b) the landlord has failed to comply with subsection (3),

(c) the landlord has made the notification to the Board in accordance with section 12(1)(d)(ii)(IV), and

(d) the tenant has not received the copy of the notification referred to in section 12(6),

the Board shall notify the parties, in writing, that—

(i) having regard to the making to the Board of the notification referred to in paragraph (c) and the absence of the notification referred to in paragraph (d), the matter of the default concerned requires to be addressed, and

(ii) having regard to section 148B(b), it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.]