Residential Tenancies Act 2004

• (ii) upon (if such be the case) subsection (3) being satisfied in respect of the requester, subject to the same rights, restrictions and obligations as those subject to which the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy’s existence holds the dwelling.

51. Act of one of multiple tenants cannot prejudice the other's or others' rights.

51.—(1) Without prejudice to subsection (3), no act done by any one or more of the multiple tenants of a dwelling that, apart from this subsection, would have either of the following results, namely—

• (a) the termination of the Part 4 tenancy, or

• (b) rendering the Part 4 tenancy liable to be terminated by the landlord,

shall have either such result if another of those tenants provides an explanation or information to the landlord from which a landlord acting reasonably in the circumstances would conclude that that act was done without that person’s consent.

• (2) For the purposes of subsection (1) a landlord acts reasonably in the circumstances concerned if—

• (a) he or she requires the last-mentioned tenant in that subsection to provide such information or assistance as he or she may reasonably need to ascertain with whose consent (if any) and by whom the act concerned was done, and

• (b) in case that requirement is not complied with, he or she concludes, on account of that non-compliance, that the act concerned was done with the tenant's consent.

• (3) Instead of the result mentioned in paragraph (a) or (b) of subsection (1), an act referred to in that subsection that is shown to have been done without the consent of one or more of the other multiple tenants results in—

• (a) the tenant responsible for the act (and any tenant who consented to that act) losing the benefit of the protection, if he or she otherwise has the benefit of it, of the Part 4 tenancy, or

• (b) the rendering of the benefit for him or her (and any tenant who consented to that act) of that protection, if he or she otherwise has the benefit of it, liable to be terminated by the landlord in accordance with this Part as adapted by subsection (4),

as the case may be.

• (4) For the purposes of subsection (3), any provision of this Part which—

• (a) provides for the termination of a Part 4 tenancy,

• (b) renders such a tenancy liable to termination by the landlord, or

• (c) makes provision incidental to, or consequential on, the foregoing,

shall, in relation to a case to which that subsection applies, be construed and operate as a provision which, as appropriate—

• (i) provides for the loss of the benefit of the protection of the Part 4 tenancy for the tenant or tenants concerned,

• (ii) renders the benefit for that tenant or those tenants of that protection liable to be terminated by the landlord, or

• (iii) makes provision incidental to, or consequential on, the matter referred to in paragraph (i) or (ii).

• (5) Without limiting the generality of the foregoing, such adaptation of this Part allows the landlord to obtain a determination under Part 6 requiring the tenant who is in default to vacate possession of the dwelling concerned (without prejudice to the other multiple tenant's or tenants' possession of the dwelling).

• (6) For the purpose of subsection (4), Part 5 has effect as if every provision it makes with respect to a notice of termination were a provision with respect to a notice terminating the benefit of the protection of the Part 4 tenancy concerned.

• (7) In this section a reference to the doing of an act includes the making of an omission.

52. Immaterial that tenant whose occupation gave rise to Part 4 tenancy quits or dies.

52.—For the avoidance of doubt, neither—

• (a) the vacating of possession of the dwelling concerned by the multiple tenant whose continuous occupation gave rise to the Part 4 tenancy's existence in respect of that dwelling, nor

• (b) the death of that tenant,

of itself, deprives the other multiple tenant or tenants of the benefit of that tenancy's protection.

53. No separate Part 4 tenancy to arise in multiple tenant's favour.

53.—The conferral of the benefit of the protections under this Part on a person referred to in section 50(2) or (3) shall not be read as operating to bring into existence a separate Part 4 tenancy in his or her favour as respects the dwelling concerned.

Chapter 7 Miscellaneous

54. No contracting out from terms of Part permitted.

54.—(1) No provision of any lease, tenancy agreement, contract or other agreement (whether entered into before, on or after the relevant date) may operate to vary, modify or restrict in any way a provision of this Part.

• (2) This section is without prejudice to section 26 (which allows more beneficial rights for a tenant than those accorded by this Part).

55. Protection under this Part and long occupation equity.

55.—(1) For the avoidance of doubt, occupation under a Part 4 tenancy or a further Part 4 tenancy shall be reckoned for the purposes of section 13(1)(b) of the Landlord and Tenant (Amendment) Act 1980.

• F195[(2) A termination under section 34 on one or more of the grounds specified in paragraphs 2 to 6 of the Table to that section of a Part 4 tenancy or a further Part 4 tenancy shall not be regarded as a termination of that tenancy for the purposes of section 17(1)(a) of the Landlord and Tenant (Amendment) Act 1980.]

56. Damages for abuse of section 34 termination procedure.

56.—(1) This section applies where—

• (a) a tenant under a Part 4 tenancy, or under a further Part 4 tenancy, has vacated possession of the dwelling concerned on foot of a notice of termination served under section 34(a),

• (b) that notice of termination cited as the reason for the termination one or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34, and

• (c) F196[(i) in case the ground cited is that specified in paragraph 3 of that Table—

• (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period specified therein,

• (II) the notice of termination is not accompanied by the statutory declaration referred to in section 35, or

• (III) the offer referred to in paragraph (aa) of subsection (8) of section 35 is not made in circumstances where the conditions specified in the said paragraph (aa) are satisfied,]

• (ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

• (iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

• (iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the service of the notice of termination or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

• (2) Where this section applies, the tenant may make a complaint to the Board under Part 6 that, by reason of the matters mentioned in subsection (1), he or she has been unjustly deprived of possession of the dwelling concerned by the landlord.

• (3) An adjudicator or the Tribunal, on the hearing of such a complaint, may, if F197[the adjudicator or the Tribunal, as the case may be,] considers it proper to do so, make—

• (a) a determination comprising a direction that the landlord shall pay to the complainant an amount by way of damages for that deprivation of possession,

• (b) subject to section 118 F198[and subsection (3A)], a determination comprising a direction that the complainant be permitted to resume possession of the dwelling concerned, or

• (c) subject to section 118 F198[and subsection (3A)], a determination comprising both of the foregoing directions.

• F198[(3A) A determination under paragraph (b) or (c) of subsection (3)—

• (a) shall not include a direction that the complainant be permitted to resume possession of the dwelling where the adjudicator or the Tribunal is satisfied that the landlord of that dwelling has entered into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34, and

• (b) that is made where the landlord of the dwelling has entered into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34 shall not have effect in so far as the determination comprises a direction that the complainant be permitted to resume possession of the dwelling.]

• (4) Damages may not be directed to be paid to a particular person, in respect of the same deprivation of possession, under both subsection (3) and section 118(1).

• (5) If 2 or more of the grounds specified in paragraphs 3 to 6 of the Table to section 34 were cited in the notice of termination concerned, then paragraph (c) of subsection (1) shall be read as meaning that an omission of the kind mentioned in that paragraph must have occurred in relation to each of those grounds.

• (6) For the avoidance of doubt—

• (a) this section applies even though the tenant vacated possession of the dwelling only after a dispute in relation to the validity of the notice of termination was finally determined under Part 6 (but in such a case subsection (1) has effect as if the paragraph set out in the Table to this section were substituted for paragraph (c) of that subsection), and

• (b) this section is without prejudice to the tenant’s right to put in issue, in a dispute in relation to the validity of the notice of termination referred to the Board under Part 6, the bona fides of the intention of the landlord to do or, as appropriate, permit to be done the thing or things mentioned in the notice.

TABLE

• (c) F196[(i) in case the ground cited is that specified in paragraph 3 of that Table—

• (I) an enforceable agreement of the type referred to in that paragraph is not entered into within the period of 9 months after the tenant ceases to occupy the dwelling following the final determination of the dispute in relation to the validity of the notice of termination, or

• (II) an enforceable agreement of the type referred to in that paragraph is not entered into within that period and the conditions specified in paragraph (aa) of subsection (8) of section 35 are not satisfied,]

• (ii) in case the ground cited is that specified in paragraph 4 of that Table, the occupation by the person concerned does not take place within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

• (iii) in case the ground cited is that specified in paragraph 5 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph,

• (iv) in case the ground cited is that specified in paragraph 6 of that Table, the thing mentioned in that paragraph is not done within a reasonable time after the dispute is so determined or, in circumstances where such a requirement arises, the landlord does not comply with the requirement to make the offer referred to in that paragraph.

PART 5 Tenancy Terminations — Notice Periods and other Procedural Requirements

Chapter 1 Scope of Part and interpretation provisions

57. Purpose of Part.

57.—The purpose of this Part is to specify the requirements for a valid termination by the landlord or tenant of a tenancy of a dwelling, whether the dwelling is—

• (a) one to which this Act applies but to which Part 4 does not apply F199[(by reason of the operation of sections 3(7)(c) or 25)], or

• (b) one to which both this Act and that Part applies (in which case those requirements are in addition to the requirements of that Part with regard to the termination of a Part 4 tenancy or a further Part 4 tenancy).

58. Termination of tenancies restricted to means provided by this Part.

58.—(1) From the relevant date, a tenancy of a dwelling may not be terminated by the landlord or the tenant by means of a notice of forfeiture, a re-entry or any other process or procedure not provided by this Part.

• (2) Accordingly, the termination by the landlord or the tenant of—

• (a) more beneficial rights referred to in section 26 that the tenant enjoys under a tenancy than those created by Part 4, F200[…]

• (b) a tenancy to which section 25 F201[applies, or]

• F202[(c) a tenancy of a dwelling referred to in subsection (1A) of section 3.]

must be effected by means of a notice of termination that complies with this Part.

• (3) Each of the following—

• (a) a tenancy referred to in subsection (2)(a) (unless it expressly excludes this means of termination),

• (b) a tenancy referred to in subsection (2)(b), and

• (c) a tenancy of a dwelling created before or after the relevant date in so far as its operation is not affected by Part 4 F203[(but subject to subsection (4) where the tenancy is a tenancy referred to in subsection (1A) of section 3)],

shall be construed as including a term enabling its termination by means of a notice of termination that complies with this Part (but, in the case of a tenancy that is for a fixed period, unless it provides otherwise, only where there has been a failure by the party in relation to whom the notice is served to comply with any obligations of the tenancy).

• F203[(4) Notwithstanding the application of subsection (3) to a tenancy referred to in subsection (1A) of section 3, such a tenancy shall also be construed as including a term enabling its termination by the tenant, by means of a notice of termination that complies with this Part, during the period beginning on 1 May and ending on 1 October in any year, whether or not there has been failure by the landlord to comply with any obligations of the tenancy.]

59. Exclusion of existing rules and enactments.

59.—Subject to section 60, neither—

• (a) any rule of law, nor

• (b) provision of any enactment in force immediately before the commencement of this Part,

which applies in relation to the termination of a tenancy (and, in particular, requires a certain period of notice or a period of notice ending on a particular day to be given) shall apply in relation to the termination of a tenancy of a dwelling.

60. Greater notice periods not affected.

60.—If, in every case or a particular case or cases in which a right of termination is to be exercised, the lease or tenancy agreement comprising the tenancy requires a greater period of notice to be given by a notice of termination than that required by this Part, then, subject to section 65(4), that greater period of notice shall be given by that notice in (as appropriate) every such case or such particular case or cases.

61. Construction of certain references to periods of notice and duration of tenancies.

61.—(1) A reference in this Part to a particular period of notice to be given by the notice of termination concerned is a reference to such a period that begins on the day immediately following the date of service of the notice.

• (2) A reference in this Part to the duration of a tenancy is a reference to the period beginning on the day on which the tenancy came into existence or the relevant date, if later, and ending on the date of service of the notice of termination concerned.

Chapter 2 What a valid notice of termination must contain

62. Requirements for a valid notice of termination.

62.—(1) A notice of termination to be valid shall—

• (a) be in writing,

• (b) be signed by the landlord or his or her authorised agent or, as appropriate, the tenant,

• (c) specify the date of service of it,

• (d) be in such form (if any) as may be prescribed,

• F204[(da) if Part 4 does not apply to the tenancy, including where the duration of the tenancy is a period of not more than 6 months, state (where the termination is by the landlord) that the reason for the termination of the tenancy is one or more of the following:

• (i) the same as the ground specified in paragraph 1 of the Table to section 34;

• (ii) the same as the ground specified in paragraph 1A of the Table to section 34;

• (iii) the same as the ground specified in paragraph 2 of the Table to section 34;

• (iv) reasons other than the grounds referred to in subparagraph (i), (ii) or (iii),]

• (e) if the duration of the tenancy is a period of more than 6 months, F205[or the tenancy is a further Part 4 tenancy,] state (where the termination is by the landlord) the reason for the termination,

• (f) specify the termination date, that is to say, the day (stating the month and year in which it falls)—

• (i) on which the tenancy will terminate, and

• (ii) on or before which (in the case of a termination by the landlord) the tenant must vacate possession of the dwelling concerned, (and indicating that the tenant has the whole of the 24 hours of the termination date to vacate possession),

and

• (g) state that any issue as to the validity of the notice or the right of the landlord or tenant, as appropriate, to serve it must be referred to the Board under Part 6 within F206[the period referred to in paragraph (a) or (b), as appropriate, of section 80].

• F207[(1A) Where a notice of termination is served by a landlord, the landlord shall serve a copy of the notice on the Board F208[within 7 days of the date] on which the notice is served on the tenant, and where the copy is not so served the notice shall be invalid.

• (1B) The Board shall, upon receiving a copy of a notice of termination under subsection (1A), notify the tenant in writing of his or her entitlements under section 76, the period after which, under section 80, a dispute may not be referred to the Board, and give a copy of the statement given under section 135(4)(e) to the tenant and the landlord.]

• (2) F209[Subsections (1) and (1A) are] without prejudice to Chapter 4 and section 81(3) (which specify additional requirements in respect of a tenancy that has been sub-let).

63. Date to be specified for purposes of section 62(1)(f).

63.—For the purposes of section 62(1)(f), the day that is to be specified in a notice of termination is the last day of—

• (a) the period which, by reason of Chapter 3, is the period of notice to be given by that notice of termination, or

• (b) such longer period of notice as the landlord or tenant (as appropriate) chooses, subject to section 65(4), to give by that notice of termination.

64. Reference to and validity of date of service of notice of termination.

64.—(1) For the avoidance of doubt, the specification in a notice of termination of a date as being its date of service does not comply with section 62(1)(c) if any relevant step in the service of that notice remains untaken on that date.

• (2) A relevant step in the service of a notice remains untaken for the purposes of subsection (1) if any of the steps that are within the power or control of the landlord or tenant or agent (as appropriate) to take for the purpose of effecting such service remains untaken.

• (3) A reference in this Part to the date of service of a notice of termination is a reference to the date the specification of which, in the notice of termination, complies with subsection (1).

64A. F210[Slip or omission in notice of termination

64A.—On the hearing of a complaint under Part 6 in respect of a notice of termination, an adjudicator or the Tribunal, as the case may be, may make a determination that a slip or omission which is contained in, or occurred during the service of, the notice of termination F211[or a statement or statutory declaration accompanying the notice of termination or a notification related to the notice of termination given under section 67(3) or 68(3)(a)] shall not of itself render the notice of termination invalid, F212[if the adjudicator or Tribunal], as the case may be, is satisfied that—

• (a) the slip or omission concerned does not prejudice, in a material respect, the notice of termination, and

• (b) the notice of termination is otherwise in compliance with the provisions of this Act.]

Chapter 3 Period of notice to be given

64B. F213[Duration of tenancy for purposes of this Chapter

64B.—(1) For the purposes of this Chapter, a Part 4 tenancy and any further Part 4 tenancy entered into following the expiration of—

• (a) the said Part 4 tenancy, or

• (b) a further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

• F214[(1A)
• (a) For the purposes of this Chapter—

• (i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant Part 4 tenancy of that dwelling, and

• (ii) that relevant Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

• (b) For the purposes of this Chapter—

• (i) a new tenancy referred to in subsection (4) of section 5 of the Residential Tenancies (Amendment) Act 2021 of a dwelling created immediately following the expiration of a relevant further Part 4 tenancy of that dwelling,

• (ii) that relevant further Part 4 tenancy, and

• (iii) any Part 4 tenancy or further Part 4 tenancy of the dwelling concerned immediately preceding that relevant further Part 4 tenancy,

shall be treated as one tenancy, and references in this Chapter to duration of tenancy shall be construed accordingly.

• (c) In this subsection—

"relevant Part 4 tenancy" means a Part 4 tenancy that—

• (a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and

• (b) expired on or after such commencement; and

"relevant further Part 4 tenancy" means a further Part 4 tenancy that—

• (a) came into being before the commencement of section 5 of the Residential Tenancies (Amendment) Act 2021, and

• (b) expired on or after such commencement.]

• (2) This section is without prejudice to subsection (2) of section 61.]

65. What this Chapter does.

65.—(1) This Chapter states the period of notice to be given by a notice of termination.

• (2) Nothing in this Chapter is to be read as requiring the period of notice concerned to be actually mentioned in the notice of termination; compliance with section 62(1)(f) (which relates to the termination date) suffices for the purposes of communicating the length of notice being given.

• (3) Subject to subsection (4), a greater period of notice than that required by this Chapter may be given if the landlord or tenant (as appropriate) so chooses.

• (4) If the duration of the tenancy concerned is less than 6 months, a period of notice of more than F215[120 days] may not be given in respect of it.

• F216[(5) In the case of a tenancy of a dwelling referred to in subsection (1A) of section 3 a period of notice of more than 28 days may be given by a tenant in accordance with subsection (2C) of section 66.]

66. Period of notice where section 67 or 68 is inapplicable.

66.—(1) This section applies where the tenancy is being terminated—

• (a) otherwise than by reason of the landlord's or tenant's failure to comply with any of the obligations of the tenancy, or

• (b) by reason of such a failure but a condition in another section of this Chapter is required to be satisfied if the period of notice provided by that section is to apply and that condition is not satisfied.

• (2) F217[Subject to subsection (2A), where] this section applies the period of notice to be given by the notice of termination is—

• (a) in the case of a termination by the landlord, the period mentioned in column (2) of Table 1 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table, and

• (b) in the case of a termination by the tenant, the period mentioned in column (2) of Table 2 to this section opposite the mention of the duration of the tenancy concerned in column (1) of that Table.

• F218[(2A)
• (a) Where, on the hearing of a complaint under Part 6 in respect of a notice of termination served by a landlord or a tenant (the "original notice"), an adjudicator or the Tribunal, as the case may be, makes a determination that—

• (i) the original notice is invalid due to a defect contained in, or occurring during the service of, the original notice, F219[or a statement or statutory declaration accompanying the original notice or a notification related to the original notice given under section 67(3) or 68(3)(a),]

• (ii) the defect concerned does not prejudice, in a material respect, the original notice, and

• (iii) the original notice is otherwise in compliance with the provisions of this Act,

the adjudicator or the Tribunal shall make a further determination that the landlord or tenant, as may be appropriate, may remedy the original notice in accordance with paragraph (b).

• (b) In the circumstances set out in paragraph (a), the following shall apply:

• (i) the landlord or tenant, as may be appropriate, shall be permitted to remedy the original notice to cure the defect identified by the adjudicator or Tribunal, as the case may be, by serving a new notice (the "remedial notice");

• (ii) the remedial notice shall be served within 28 days of the issue of the determination order under section 121;

• (iii) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has expired, the period of notice to be given by the remedial notice is 28 days;

• (iv) where, on the date of service of the remedial notice, the period of notice to be given by the original notice has not expired, the period of notice to be given by the remedial notice is the cumulative period of—

• (I) the period of notice to be given by the original notice which remains unexpired on the date of service of the remedial notice, and

• (II) 28 days;

• (v) this Part applies, with any necessary modifications, to a remedial notice in the same way as it applies to an original notice;

• (vi) an adjudicator or Tribunal shall not permit the landlord or tenant, as the case may be, to remedy the original notice under subparagraph (i) if satisfied that the original notice was served by the landlord or tenant, as the case may be, knowingly in contravention of this Act.]

• F218[(2B) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 F220[by the landlord] and specified in the notice of termination shall be not less than 28 days.]

• F221[(2C) Where this section applies, the period of notice to be given in respect of a tenancy referred to in subsection (1A) of section 3 by the tenant and specified in the notice of termination shall be 28 days or such longer period as the tenant chooses.]

• (3) This section is subject to section 69.

F222[TABLE 1

Termination by Landlord

Duration of Tenancy	Notice Period
(1)	(2)
Less than 6 months	90 days
Not less than 6 months but less than one year	152 days
Not less than one year but less than 7 years	180 days
Not less than 7 years but less than 8 years	196 days
Not less than 8 years	224 days]

F223[TABLE 2

Termination by Tenant

Duration of Tenancy	Notice Period
(1)	(2)
Less than 6 months	28 days
6 or more months but less than 1 year	35 days
1 year or more but less than 2 years	42 days
2 or more but less than 4 years	56 days
4 years or more but less than 8 years	84 days
8 or more years	112 days]

67. Period of notice for termination by landlord where tenant in default.

67.—(1) This section applies where the tenancy is being terminated by the landlord by reason of the failure of the tenant to comply with any of the obligations of the tenancy.

• (2) Where this section applies the period of notice to be given by the notice of termination is—

• (a) 7 days, if the tenancy is being terminated by reason of behaviour of the tenant that is—

• (i) behaviour falling within paragraph (a) or (b) of the definition of “behave in a way that is anti-social” in section 17(1), or

• (ii) threatening to the fabric of the dwelling or the property containing the dwelling,

or

• F224[(aa) in the case of the termination of a Part 4 tenancy, 28 days (regardless of the duration of the tenancy) provided that, where the reason for such termination is the failure by the tenant to pay an amount of rent due, the condition specified in subsection (3) is satisfied,]

• (b) F225[in the case of the termination of a tenancy of a dwelling to which Part 4 does not apply,] 28 days, if the tenancy is being terminated—

• (i) for any other reason (but not a failure to pay an amount of rent due), or

• (ii) for failure to pay an amount of rent due and the condition specified in subsection (3) is satisfied,

regardless of the duration of the tenancy.

• F226[(3) The condition that applies in respect of paragraph (aa) and subparagraph (ii) of paragraph (b) of subsection (2) is that—

• (a) the tenant and the Board have been given a notification (in such form as may be specified by the Board) in writing by the landlord that such amount of rent due as is specified in the notification has not been paid to the landlord, and

• (b) that amount is not paid to the landlord within the period of 28 days following—

• (i) receipt of the notification by the tenant, or

• (ii) receipt of the notification by the Board,

whichever occurs later.]

• F227[(3A) Where the Board receives a notification under subsection (3), it shall forthwith—

• (a) provide the tenant concerned with such information in writing as will enable him or her to obtain advice of the type referred to in paragraph (ca) (inserted by paragraph (a) of section 28 of the Social Welfare (Miscellaneous Provisions) Act 2008) of subsection (1) of section 7 of the Comhairle Act 2000, and

• (b) request the tenant to give his or her consent to the Board’s assisting the tenant in obtaining such advice.

• (3B) The Board shall assist a tenant in obtaining advice referred to in subsection (3A) if the tenant gives his or her consent pursuant to a request referred to in that subsection.

• (3C) F228[…]]

• (4) This section is subject to section 69.

68. Period of notice for termination by tenant where landlord in default.

68.—(1) This section applies where—

• (a) the tenancy is being terminated by the tenant by reason of the failure of the landlord to comply with any obligations of the tenancy, and

• (b) in a case falling within subsection (2)(b), the condition specified in subsection (3) in relation to a termination in such a case is satisfied.

• (2) Where this section applies the period of notice to be given by the notice of termination is—

• (a) 7 days, if the tenancy is being terminated by reason of behaviour of the landlord that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling or the property containing the dwelling, or

• (b) 28 days, if the tenancy is being terminated for any other reason,

regardless of the duration of the tenancy.

• (3) The condition mentioned in subsection (1)(b) is—

• (a) the landlord has been notified in writing of the failure concerned by the tenant, and

• (b) the landlord does not remedy the failure within a reasonable time after being so notified.

• (4) In subsection (3) “remedy the failure” means—

• (a) in the case of a failure that does not result in financial loss or damage to the tenant or his or her property, to desist from the conduct that constitutes the failure, or if the failure consists of an omission to comply with an obligation, comply with that obligation, and

• (b) in the case of a failure that does result in financial loss or damage to the tenant or his or her property—

• (i) to pay adequate compensation to the tenant or repair the damage fully, and

• (ii) unless the failure is not of a continuing nature, to desist from the conduct that constitutes the failure or comply with the obligation concerned, as the case may be.

• (5) This section is subject to section 69.

69. Exception to requirements of sections 66 to 68.

69.—(1) Subject to subsection (2), the landlord or tenant may agree to a lesser period of notice being given than that required by a preceding provision of this Chapter and such lesser period of notice may be given accordingly.

• (2) Such an agreement to a lesser period of notice being given may only be entered into at, or after, the time it is indicated to the tenant or landlord (as appropriate) by the other party that he or she intends to terminate the tenancy.

• (3) For the avoidance of doubt, a term of a lease or tenancy agreement cannot constitute such an agreement.

Chapter 4 Additional requirements and procedures where tenancy sub-let

70. Notices of termination in cases of tenancies that are sub-let.

70.—(1) This section applies where—

• (a) the tenancy (“the head-tenancy”) of the dwelling concerned is the subject of a sub-tenancy (“the sub-tenancy”), and

• (b) the landlord under the head-tenancy proposes to terminate the head-tenancy.

• (2) Where this section applies, a notice of termination in respect of the head-tenancy must, in addition to its complying with section 62, state whether or not the landlord under the head-tenancy requires the head-tenant to terminate the sub-tenancy.

• (3) If a requirement to terminate the sub-tenancy is stated in such a notice, then, in addition to its being served on the head-tenant, a copy of that notice must be served on the tenant of the sub-tenancy (“the sub-tenant”) F229[by the landlord].

71. Procedures on foot of service of notice mentioned in section 70 in non-contentious case.

71.—(1) Where—

• (a) section 70 applies,

• (b) a requirement is stated in the notice of termination of the head-tenancy to terminate the sub-tenancy, and

• (c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board, the head-tenant must, within F230[90 days] from the receipt of that notice, comply with that requirement, that is to say, serve a notice of termination in respect of the sub-tenancy on the sub-tenant.

• (2) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.

72. Procedures on foot of service of notice in cases not falling under section 71.

72.—(1) Where—

• (a) section 70 applies,

• (b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

• (c) no dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within F231[90 days] from the receipt of that notice, notify the sub-tenant of the contents of that notice.

• (2) Where—

• (a) section 70 applies,

• (b) the notice of termination of the head-tenancy does not require the termination of the sub-tenancy, and

• (c) a dispute in relation to the termination of the head-tenancy is referred under Part 6 to the Board,

the head-tenant must, within F231[90 days] from the receipt of that notice, notify the sub-tenant—

• (i) of the contents of that notice, and

• (ii) of the fact that that dispute has been referred to the Board.

• (3) The particulars of the determination order (if any) F232[issued] by the Board on foot of that reference must be notified by the head-tenant to the sub-tenant within 14 days from the receipt by the head-tenant of the order.

• (4) “Head-tenancy”, “head-tenant”, “sub-tenancy” and “sub-tenant” in this section shall be construed in accordance with section 70.

Chapter 5 Miscellaneous

73. Notice of termination by multiple tenants.

73.—(1) Subsection (2) applies where a notice of termination is being served in respect of a dwelling by all of the multiple tenants of the dwelling.

• (2) Where this subsection applies, it suffices, for the purposes of section 62(1)(b), that the notice of termination is signed by one of the multiple tenants if—

• (a) the notice states it is signed by that person on behalf of himself or herself and the other tenant or tenants, and

• (b) the other tenant or each other tenant is named in the notice.

• (3) Any rule of law that a notice of termination served by any of 2 or more multiple tenants under a periodic tenancy of a dwelling without the concurrence of the other or others, or without the knowledge of the other or others, is effective to terminate that tenancy is abolished.

• (4) In this section “multiple tenants” has the same meaning as it has in Chapter 6 of Part 4.

74. Offence to do certain acts on foot of invalid termination.

74.—(1) A person is guilty of an offence if—

• (a) a notice of termination that is invalid purports to be served by the person (or on his or her behalf) in respect of a tenancy, and

• (b) the person does any act, in reliance on the notice, that affects adversely, or is calculated to affect adversely, any interest of the person on whom the notice is served.

• (2) In proceedings for an offence under this section, it is a defence to show that the defendant neither knew nor could reasonably be expected to have known of the existence of any fact that gave rise to the invalidity of the notice concerned.

• (3) For the purposes of subsection (1), an act is done by a person in reliance on a notice if—

• (a) its doing is accompanied or preceded by a statement made by the person (in writing or otherwise and however expressed) that it is being done, or will be done, in reliance on the notice, or

• (b) in all the circumstances it is reasonable to infer that it is done in reliance on the notice.

• (4) For the avoidance of doubt, references in this section to the doing of an act include references to the making of a statement (whether in writing or otherwise).

PART 6 Dispute Resolution

Chapter 1 Referral of matters to Board for resolution

75. Interpretation (Part 6).

75.—(1) References in this Part to the referral of a matter to the Board for resolution are references to the referral of the matter for the purposes of mediation, a determination by an adjudicator or a determination by the Tribunal under this Part (or more than one of those things) being carried out or made in relation to it.

• (2) References in this Part to a dispute include references to a disagreement and, unless the context does not admit of such a construction, a complaint mentioned in section 56(2), 76(4), 77 or 195(4) or paragraph 8(2) of F233[Schedule 1] to this Act.

• (3) For the purposes of subsection (2) “disagreement” shall be deemed to include—

• (a) any issue arising between the parties with regard to the compliance by either with his or her obligations as landlord or tenant under the tenancy,

• (b) any matter with regard to the legal relations between the parties that either or both of them requires to be determined (for example, whether the tenancy has been validly terminated),

and, without prejudice to the generality of the foregoing, shall be deemed to include a claim by the landlord for arrears of rent to which the tenant has not indicated he or she disputes the landlord's entitlement but which it is alleged the tenant has failed to pay.

• (4) References in this Part to a party, without qualification, are references to—

• (a) a party to the dispute or disagreement concerned,

• (b) in the case of proceedings referred to in section 23 to recover rent or other charges where the landlord or the person alleged to owe the rent or other charges is deceased, the personal representative of the landlord or that other person,

• (c) the personal representative of the landlord or the tenant in any other case where, if the matter were a cause of action (within the meaning of the Civil Liability Act 1961), it would have survived for the benefit of, or against, the estate of the landlord or the tenant,

• (d) in the case of a complaint mentioned in section 76(4), the licensee and the landlord, and

• (e) in the case of a complaint mentioned in section 77—

• (i) the complainant, and

• (ii) the landlord of the dwelling concerned.

76. Right of referral by parties to tenancy and certain other persons.

76.—(1) Either or both of the parties to an existing or terminated tenancy of a dwelling may, individually or jointly, as appropriate, refer to the Board for resolution any matter relating to the tenancy in respect of which there is a dispute between them.

• (2) In the case of a tenancy that has been terminated a dispute as to the amount of any rent that had been agreed to or paid by the former tenant may not be referred by him or her to the Board for resolution at any time after the period of 28 days from the termination of the tenancy.

• (3) The landlord may refer to the Board for resolution any matter relating to a dwelling in respect of which there is a dispute between the landlord and another, not being the tenant but through whom the other person claims any right or entitlement.

• (4) A licensee referred to in section 50(7) may refer to the Board for resolution a complaint by him or her that the landlord referred to in that provision has unreasonably refused to accede to a request of the licensee made under that provision.

76A. F236[Right of referral of complaint in respect of compliance with section 86(1)(a)

76A.— ...]

76B. F237[Section 76A: supplemental provisions relating to adjudication and determination of dispute relating to complaint

76B.— ...]

77. Right of referral in respect of breach of duty under section 15.

77.—(1) A person referred to in section 15 may, if the conditions specified in subsection (2) are satisfied, refer to the Board for resolution a complaint by him or her that the landlord of a dwelling has breached the duty owed to him or her under that section.

• F238[(1A) Without prejudice to subsection (1), where the breach of duty referred to in that subsection concerns a breach of duty referred that relates to the obligation of the tenant under section 16(h), the complaint may, if the conditions specified in subsection (2A) are satisfied, be referred to the Board by, or on behalf of, a person referred to in section 15.]

• (2) The conditions mentioned in subsection (1) are—

• (a) the referrer of the complaint is or was directly and adversely affected by the breach of duty alleged in the complaint, and

• (b) before making the reference, the referrer, by communicating or attempting to communicate, with the relevant parties or former parties to the tenancy concerned, took all reasonable steps to resolve the matter (but this requirement shall not be read as requiring the institution of legal proceedings or those parties being given to understand that such proceedings might be instituted).

• F238[(2A) The conditions mentioned in subsection (1A) are—

• (a) the person referred to in section 15 is or was directly and adversely affected by the breach of duty alleged in the complaint, and

• (b) before making the reference, the person referred to in section 15 took all reasonable steps to resolve the matter—

• (i) by communicating or attempting to communicate with the landlord or former landlord, or

• (ii) by—

• (I) requesting a person referred to in subsection (4) (in this section referred to as a "subsection (4) person") to communicate with the landlord or former landlord on his or her behalf, and

• (II) the subsection (4) person to whom such request was made having communicated or attempted to communicate with the landlord or former landlord on behalf of the person referred to in section 15,

and the requirement in this paragraph shall not be read as requiring the institution of legal proceedings or the landlord, or former landlord, being given to understand that such proceedings might be instituted.]

• (3) For the purposes of facilitating the person’s compliance with subsection (2)(b) F238[or, as the case may be, subsection (2A)(b)], the Board may furnish to a person who proposes to make a reference under this section F238[or, as the case may be, a subsection (4) person to whom a request under subsection (4) has been made,] the name and address of the landlord or his or her authorised agent (or the former landlord or his or her authorised agent) of the dwelling concerned if it appears to the Board that the first-mentioned person is a person who may make a reference under this section in relation to the matter concerned.

• F238[(4) In the case of a complaint referred to in subsection (1A) a person referred to in section 15 may request—

• (a) an owners’ management company within the meaning of the Multi-Unit Developments Act 2011,

• (b) a body corporate, or

• (c) an unincorporated body of persons where one of the principal objects of the unincorporated body is to promote the safety and security of dwellings or the safety, security and the general well-being of persons residing in the vicinity of the dwelling that is the subject of the tenancy concerned and includes a body commonly known as a residents’ association or a neighbourhood watch group,

to do either or both of the following on his or her behalf:

• (i) to make the communication referred to in subsection (2A)(b);

• (ii) to refer the complaint referred to in subsection (1A) to the Board.

• (5) For the purposes of section 75(4)(e), where, in accordance with this section, a subsection (4) person—

• (a) refers a complaint to the Board on behalf of a person referred to in section 15, or

• (b) makes the communication referred to in subsection (2A)(b) on behalf of a person referred to in section 15,

the subsection (4) person shall not be treated as a party to the complaint under this section and shall not be construed as being a party to a complaint under this section for the purposes of this Part.]

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

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,

• F239[(aa) any payment made to which section 19B applies.]

• (b) the amount that ought to be initially set (in compliance with section 19 F240[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,

• F241[(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 F242[issued] by the Board,

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

• F243[(oa) an allegation that a landlord (within the meaning of section 19C) has contravened section 19C,]

• (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.

79. Different matters may be the subject of a single reference.

79.—There may be included in the same reference to the Board under section 76 or 77 disputes and, where appropriate, complaints in respect of 2 or more different matters.

80. Time limit for referring particular type of dispute.

F248[80. —A dispute relating to the validity of a notice of termination which has been served or purported to be served may not be referred to the Board for resolution at any time after—

• (a) where section 67 or 68 applies, the period of 28 days, or

• (b) in all other cases, the period of 90 days, has elapsed from the date of receipt of that notice.]

81. Tenancies and subtenancies: referral of disputes concerning their termination.

81.—(1) The purpose of this section is to—

• (a) limit, in certain circumstances, the right of referral to the Board by a sub-tenant of a dispute concerning the termination of the tenancy out of which his or her sub-tenancy arises, and

• (b) require the tenant of such a tenancy (in addition to employing the procedures under Chapter 4 of Part 5) to make a certain inquiry of the sub-tenant before the tenant may himself or herself refer to the Board for resolution a dispute concerning the termination of that tenancy.

• (2) If a landlord, in serving a notice of termination on a tenant in respect of a tenancy, requires the tenant to terminate any sub-tenancy arising out of the tenancy, the tenant shall, if the tenant intends to refer to the Board for resolution a dispute concerning the termination of the tenancy, require the sub-tenant to inform him or her, within 10 days from receipt of the notice mentioned in subsection (3), whether or not the sub-tenant intends to refer to the Board for resolution any dispute that the sub-tenant considers thereby arises or exists in the circumstances relating to the termination of the tenancy.

• (3) That requirement shall be stated in the notice of termination required by the landlord to be served by the head-tenant on the sub-tenant.

• (4) If a sub-tenant does not comply with the requirement mentioned in subsection (2) within the period specified in that subsection then the sub-tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned.

• (5) If the tenant—

• (a) does not comply with the second-mentioned requirement in subsection (2), then the tenant may not refer to the Board for resolution any dispute concerning the termination of the tenancy concerned, or

• (b) does comply with that requirement, the tenant may not refer to the Board for resolution such a dispute until 15 days elapse from the date of service of the notice concerned mentioned in subsection (3).

82. Withdrawal of matter referred to Board.

82.—(1) A party who has referred under this Part any matter to the Board may, at any stage, withdraw the matter.

• (2) Subject to subsection (3), a party shall indicate his or her wish to withdraw such a matter by serving a notice in writing on the Board to that effect.

• (3) If the matter is being dealt with by a mediator, an adjudicator or the Tribunal, it suffices for the party to indicate, orally to him or her or it, that the party is withdrawing the matter.

• (4) Without prejudice to subsection (5), on oral or written notice, as appropriate, being given in respect of the withdrawal, the Board, the mediator, the adjudicator or the Tribunal shall consider the matter concerned withdrawn and, accordingly, shall not deal with it any further.

• (5) On such notice being given to it or him or her, the Board, the mediator, the adjudicator or the Tribunal shall ascertain whether the other party to the dispute concerned objects to the withdrawal and, if he or she does so, the Board, mediator, adjudicator or Tribunal may direct that the party withdrawing the matter shall pay to the other party F249[subject to subsection (6), any costs referred to in subsection (7)] incurred by that other party as it or he or she determines.

• F250[(6) Any costs awarded under subsection (5) shall not exceed €1,000.

• (7) In subsection (5), costs incurred by the other party includes costs or expenses—

• (a) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and

• (b) relating to the preparation of his or her case,

and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a).]

83. Board not to deal with reference if fee not paid or tenancy not registered.

83.—(1) Subject to subsection (3), the Board shall not—

• (a) deal initially with a dispute referred to it under this Part, or

• (b) allow any other procedure under this Part to be followed in relation to a dispute referred to it under this Part,

if the fee of the specified amount prescribed by rules under section 109 in relation to that initial dealing or the following of that procedure has not been paid to it.

• (2) Subject to subsection (3), the Board shall not deal with a dispute in relation to a tenancy referred to it under this Part by the landlord of the dwelling concerned if the tenancy is not registered under Part 7.

• (3) The Board may, in the case of a default in payment of a particular fee or registration under Part 7 of a particular tenancy, notify the person or persons concerned of the default and afford the person or persons concerned a reasonable opportunity to rectify the matter; if the matter is rectified within a reasonable time the Board shall, subject to this Part, deal with the dispute or permit the other procedure to be followed in relation to it, as the case may be.

84. Further right of Board not to deal with certain references.

84.—(1) If the Board is of opinion that, in relation to a dispute referred to the Board—

• (a) the dwelling, the subject of the dispute, is not a dwelling to which this Act applies,

• (b) for any other reason, the dispute does not come within the Board's jurisdiction (including by reason of a failure to comply with any condition for its being referred to the Board),

• (c) proceedings in any court in respect of the subject matter of the dispute, would, were they to be capable of being instituted at the date of the reference, be statute-barred, or

• (d) the matter or matters concerned are trivial F251[, frivolous] or vexatious,

then the Board shall serve a notice on the party who referred the matter to it stating that it is of that opinion and, unless the party establishes, in accordance with the following subsections, that the opinion is not well founded, that it will not (subject to subsection (6)) deal with the matter.

• (2) For the purposes of subsection (1), the notice referred to in that subsection shall state that the party concerned may, within a period specified in the notice, make submissions to the Board as to why the party considers the opinion of the Board is not well founded.

• (3) The Board shall consider any submissions made to it by that party within the period specified in the notice concerned.

• (4) Unless the Board decides that any such submissions establish that the opinion of the Board referred to in subsection (1) was not well founded, the Board shall not, subject to subsection (6), deal with the dispute referred to it; the other party or parties to the dispute shall be notified in writing of a decision made by the Board that that opinion was not well founded and shall be furnished by the Board, on request, with a copy of the foregoing submissions (or, if they were not written submissions, a written summary of them prepared by the Board).

• (5) The party who referred the dispute concerned to the Board or, as the case may be, any other party to the dispute may appeal to the Circuit Court against a decision of the Board (made in consequence of the procedures under this section having been employed) not to deal with or, as appropriate, to deal with the dispute.

• (6) On the hearing of such an appeal the Circuit Court may, as it thinks fit, allow the appeal and direct the Board to deal with or, as appropriate, not to deal with the dispute concerned or dismiss the appeal; an appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling is or was situated.

• (7) For the purpose of subsection (1)(c), proceedings are statute-barred if a defence under the Statute of Limitations 1957 or any other limitation enactment is available in relation to them.

85. Right of Tribunal or adjudicator not to deal with reference.

85.—(1) The Tribunal or an adjudicator shall, if the Tribunal or adjudicator is of opinion that paragraph (a), (b), (c) or (d) of section 84(1) applies to a dispute with which it or he or she is dealing, not deal any further with the dispute.

• (2) Subsection (1) does not apply if—

• (a) previously the Board, in consequence of the procedures under section 84 having been employed by it in relation to the dispute, decided that an opinion formed by it (being a like opinion to that subsequently formed by the Tribunal or adjudicator) in relation to the dispute was not well founded, or

• (b) a decision of the Board, in consequence of those procedures having been employed by it, in relation to the dispute (being a decision of a like kind to the opinion subsequently formed by the Tribunal or adjudicator) was the subject of an appeal under section 84(5) and the Circuit Court, on that appeal, directed the Board to deal with the dispute.

86. Status of certain matters pending determination of dispute.

86.—(1) Subject to subsection (2), pending the determination of a dispute that has been referred to the Board (but subject to that determination when it is made)—

• F252[(a) the rent payable—

• (i) under the tenancy concerned shall continue to be payable to the landlord by the tenant, or as the case may be, each multiple tenant, and

• (ii) under any sub-tenancy arising out of a tenancy referred to in subparagraph (i), shall continue to be payable to the head-tenant by the sub-tenant, or as the case may be, each sub-tenant,]

• (b) if the dispute relates to the amount of rent payable, no increase in the amount of the rent may be made, and

• (c) a termination of the tenancy concerned may not be effected.

• (2) Subsection (1) does not apply if—

• (a) in the case of paragraph (a) of that subsection, the parties concerned agree to payment of the rent being suspended,

• (b) in the case of paragraph (b) of that subsection, the parties concerned agree to an increase in the amount of the rent being made,

• (c) in the case of paragraph (c) of that subsection (unless the dispute is a dispute specified in subsection (3)), the notice of termination concerned was served—

• (i) before the dispute was referred to the Board for resolution, or

• (ii) after the dispute was so referred and the required period of notice to be given by the notice of termination is 28 days or less and that period of notice has been given,

or

• (d) in any of the cases, the dispute is not dealt with, or ceases to be dealt with, under this Part pursuant to section 82, 83, 84 or 85.

• (3) The dispute mentioned in subsection (2)(c) is a dispute relating to the validity of the notice of termination concerned or the right of the landlord or tenant, as appropriate, to serve it.

87. Remedial action taken by party in certain cases to be disregarded.

87.—If a dispute referred to the Board relates to the termination of a tenancy for failure by the landlord or tenant to fulfil his or her obligations relating to the tenancy, any remedial action taken by the other party subsequent to the receipt of the notice of termination shall not be taken into consideration by the Board, a mediator, an adjudicator or the Tribunal in dealing with the dispute.

88. Extension of time for referring disputes to Board.

88.—(1) The Board may, on application to it, extend the time limited by any provision of this or any other Part for the referral of a dispute to it for resolution F253[or an appeal under section 100 to the Tribunal against a determination of an adjudicator under section 97(4)(a)].

• (2) The Board shall not extend the time concerned unless the applicant for the extension shows good grounds for why the time should be extended.

• (3) The reference in this section to the time limited by any provision of this or any other Part for the referral of a dispute to the Board for resolution includes a reference to the time limited by such a provision for fulfilling any condition precedent that is required by the provision to be fulfilled before a particular dispute may be referred to the Board for resolution.

• (4) An appeal shall lie to the Circuit Court (by the applicant for the extension or, as the case may be, any other party to the dispute concerned) against a decision of the Board under this section to, as appropriate—

• (a) refuse to extend the time concerned, or

• (b) extend the time concerned,

and, on the hearing of such an appeal, the Circuit Court may, as it thinks fit, confirm, vary or cancel the decision of the Board.

• (5) An appeal under this section shall be heard by the judge of the Circuit Court for the circuit in which the tenancy or dwelling concerned is or was situated.

Chapter 2 Relationship between Part and certain other dispute resolution mechanisms

89. Dispute subject of discontinued court proceedings may be subject of reference.

89.—For the avoidance of doubt, any dispute that has been the subject of proceedings instituted in any court before the commencement of this Part and which proceedings were discontinued by agreement of the parties after such commencement but before the court made its final determination in the matter may be the subject of a reference to the Board under this Part.

90. Arbitration agreement not effective to oust Board's jurisdiction save in certain circumstances.

90.—(1) Notwithstanding any other enactment or any provision of the agreement itself, an arbitration agreement shall not operate to preclude a dispute to which the agreement applies from being referred to the Board for resolution unless the tenant at or after the time the dispute arises consents to the dispute being referred to arbitration.

• (2) In this section “arbitration agreement” has the same meaning as it has in the Arbitration Act 1954.

91. Dispute may not be referred to Board where alternative remedy is being pursued.

91.—(1) To the extent that an alternative remedy is available in respect of any dispute falling within this Part and a person takes any steps to avail himself or herself of that remedy, that person may not refer the dispute to the Board for resolution.

• (2) If a person, other than the person mentioned in subsection (1), refers a dispute to the Board for resolution, being a dispute—

• (a) to which that other person is a party, and

• (b) as respects which that other person takes or has taken steps of the kind mentioned in that subsection,

then the Board, a mediator, an adjudicator or the Tribunal may, in dealing with the dispute, take account (with regard to the relief that may be granted and to such extent as it or he or she considers just) of the existence of that alternative remedy.