Residential Tenancies Act 2004

Particular matters that may be referred (non-exhaustive list).

78

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include—

(a) the retention or refund of a deposit,

F162[(aa) any payment made to which section 19B applies.]

(b) the amount that ought to be initially set (in compliance with section 19 F163[or, as the case may be, section 19A]) as the amount of rent under a tenancy,

(c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review,

(d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement,

(e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement,

F164[(f) an allegation that the landlord has sought to

(i) terminate a tenancy (other than a tenancy referred to in subsection (1A) of section 3) other than in accordance with Part 4, or

(ii) terminate a tenancy referred to in subsection (1A) of section 3 other than in accordance with Part 5,]

(g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act,

(h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy,

(i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned,

(j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord,

(k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant,

(l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement,

(m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act,

(n) an alleged failure by a person to comply with a determination order made by the Board,

(o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants),

(p) an allegation that an agreement referred to in section 35(6) has not been complied with,

(q) a claim by a landlord for arrears of rent or other charges.

(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant’s tenancy arises whether or not such a dispute is also so referred by the head-tenant.

(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant’s—

(a) not having taken any issue with the head-landlord in relation to that matter, or

(b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or

(c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination.

Annotations

Amendments:

F162

Inserted (9.07.2021) by Residential Tenancies (No. 2) Act 2021 (17/2021), s. 15, commenced on enactment.

F163

Inserted (7.04.2016) by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 12, S.I. No. 151 of 2016.

F164

Substituted (15.07.2019) by Residential Tenancies (Amendment) Act 2019 (14/2019), s. 18, S.I. No. 354 of 2019.

F165

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F166

Substituted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(a), (b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

F167

Inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37(1)(b), not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

Modifications (not altering text):

C57

Prospective affecting provision: subs. (1) amended, subs. (1)(a) substituted and subs. (1)(aa)-(ad) inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 37, not commenced as of date of revision, subject to transitional provisions in subss. (2)-(5).

78.—(1) Without prejudice to the generality of sections 76 and 77, the matters in respect of which disputes and, F165[where appropriate, and without prejudice to section 76A, complaints] may be referred to the Board for resolution include—

F166[(a) without prejudice to the generality of paragraph (e), failure by a landlord to transmit the deposit to the Board under section 12(1)(d)(i),]

F167[(aa) failure by

(i) a landlord to comply with section 12(1)(d)(ii)(III), or

(ii) a tenant to comply with section 16(o)(iii),

(ab) the return of the deposit to one or both parties,

(ac) failure by a party to the tenancy to comply with sections 148A, 148F(2) or 148I(3),

(ad) any loss referred to in section 148I(6),]

C58

Subs. (1)(b), (c) applied with modifications (19.08.2021) by Affordable Housing Act 2021 (25/2021), s. 33(14), S.I. No. 424 of 2021.

Setting and review of rent in cost rental tenancy

33. ...

(14) The provisions of the Act of 2004 specified in column (2) of the Table to this section at each reference number shall apply to cost rental tenancies as if the provisions of the Act of 2004 specified at the same reference number in column (3) of the Table were references to the provisions of this section specified at the same reference number in column (4) of the Table, subject, where relevant, to any proviso specified at the same reference number in column (5).

Table

Ref No.

(1)

Section of Act of 2004

(2)

Provisions of Act of 2004 referenced

(3)

Substituted provisions of this section

(4)

Proviso

(5)

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2.

section 78(1)(b)

sections 19 or as the case may be 19A

subsections (2), (3)(a) and (4)(a)

A referral of any such dispute or complaint must be made before—(a) the date on which the tenancy is to begin, or (b) the expiry of 28 days from the date of the cost rental tenancy agreement

3.

section 78(1)(c)

Part 3

subsections (2), (3)(b), (4)(b) and (5) to (12)

A referral of any such dispute or complaint must be made before the expiry of 28 days from the receipt by the tenant of the rent review notice

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