Residential Tenancies Act 2004

Chapter 3 Preliminary steps by Board (include power to refer matter to Tribunal)

92. Initial steps that may be taken by Board to resolve matters referred.

92.—(1) As soon as practicable after a dispute is referred to it, the Board may communicate with the parties for the purpose of—

• (a) endeavouring to ensure that they are fully aware of the nature of the issue or issues the subject of the reference, and

• (b) in cases where it considers the dispute is due to some basic misunderstanding of either or both of them as to the rights or obligations of landlords and tenants, achieving the objective mentioned in subsection (2).

• (2) That objective is to have the issue or issues between the parties resolved by agreement between them without recourse being needed to the other procedures in this Part.

• (3) Without prejudice to the generality of subsection (1), the communications by the Board under this section with the parties may, where it would be of assistance to the parties, include an indication by the Board, based on appropriate assumptions stated to the parties, of the typical outcome of issues of the kind concerned being determined under this Part.

• (4) Any such indication shall be communicated by the Board as fully to one of the parties as the other or others and the Board, in its communications generally with the parties under this section, shall bear in mind the right of the parties to invoke all of the procedures under this Part that are available to them.

93. Invitation to parties to resolve matter through mediation.

93.—(1) Unless the steps (if any) taken under section 92 have resulted in the parties agreeing a resolution of the matter concerned, the Board shall request each of the parties to state whether he or she consents to the dispute being the subject of mediation under section 95.

• (2) If each of the parties states, in response to that request, that he or she consents to the dispute being the subject of such mediation the Board shall arrange for the matter to be the subject of mediation by a person appointed by it from amongst the panel of mediators under section 164(4).

• F254[(2A) F255[…]]

• (3) If any of the parties fails to respond to a request under subsection (1) or responds by stating that he or she does not consent to the matter concerned being the subject of mediation under section 95, the Board shall arrange for the matter to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4).

• (4) This section is subject to section 94.

94. Exceptions to section 93: direct reference of matter to Tribunal, etc.

94.—Notwithstanding section 93, the Board shall not be required to arrange for—

• (a) mediation of the kind mentioned in that section in relation to a dispute if it has made an application to the Circuit Court under section 189 in relation to the dispute, in which case the Board may, as it thinks appropriate—

• (i) arrange for the dispute to be the subject of adjudication under section 97 by a person appointed by it from amongst the panel of adjudicators under section 164(4), or

• (ii) refer the dispute to the Tribunal,

or

• (b) mediation or adjudication of the kind mentioned in that section in relation to a dispute if, in all the circumstances, it considers it would be more appropriate for it to refer the dispute to the Tribunal and refers it accordingly.

Chapter 4 Mediation and adjudication

95. Mediation.

95.—(1) The following provisions apply to a mediation which the Board has arranged under section 93 in relation to a dispute.

• (2) The person appointed under section 93(2) to conduct the mediation (“the mediator”) shall inquire fully into each relevant aspect of the dispute concerned, provide to, and receive from, each party such information as is appropriate and generally make such suggestions to each party and take such other actions as he or she considers appropriate with a view to achieving the objective mentioned in subsection (3).

• (3) That objective is to have the issue or issues between the parties resolved by agreement between them without further recourse to the procedures under this Part being needed.

• (4) As soon as practicable after the mediation is completed, the mediator shall prepare a report containing the following—

• (a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,

• (b) a summary of the matter or matters, if any, whether they go in whole or part to resolving the dispute or not, agreed to by the parties (and this summary shall be contained in a document signed by each of the parties acknowledging that the matter or those matters are agreed to by them), and

• (c) relevant particulars in relation to the conduct of the mediation (including particulars in relation to the number and duration of sessions held by the mediator and the F257[persons who participated in] any such session) and a list of any documents submitted to the mediator (but without disclosing any of their contents).

• (5) The mediator shall, after preparing a report under subsection (4), furnish a copy of it to the F259[Director] F260[, but shall otherwise maintain the confidentiality of the mediation and shall not disclose the report to any other person].

• F261[(5A) Notwithstanding that, following a mediation, the parties have signed an agreement that resolves the dispute concerned, each of the parties may, not later than F262[10 working days] from the completion of the mediation concerned, notify the mediator and the Board in writing that he or she no longer agrees with that agreement and does not wish to be bound by it.

• (5B) In this section and section 96, the "date of the completion of the mediation" means—

• (a) the date that the document referred to in F263[subsection (4)(b)] is signed by each of the parties, or

• (b) where the document is signed by the parties on different dates, the later of those dates.]

• (6) F264[…]

96. F265[Procedures to be followed by Board following report of mediator

96. F266[(1) Where the report furnished to the Director under section 95(5) states that there is agreement between the parties and that the agreement resolves the dispute, the Director shall, as soon as practicable, prepare and issue 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 F267[to the Director] under section 95(5) states that—

• (i) there is no agreement between the parties that has resolved the F266[dispute, or]

• (ii) the dispute is not resolved notwithstanding that, one, or more than one, of the matters concerning the dispute have been agreed between the F266[parties,]

• (iii) F268[…]

the Board shall refer the dispute to the Tribunal.]

• F269[(3) Where, within the period of 10 working days following the completion of a mediation, a party to the mediation has made a notification to the mediator and the Board under section 95(5A), the Board shall refer the dispute to the Tribunal.]

97. Adjudication.

97.—(1) The following provisions and sections 98 and 99 apply to an adjudication which the Board has arranged under section 93(3) or 94(a) in relation to a dispute.

• (2) The person appointed under section 93(3) or 94(a) to conduct the adjudication (“the adjudicator”) shall inquire fully into each relevant aspect of the dispute concerned and provide to, and receive from, each party such information as is appropriate.

• (3) For that purpose, the adjudicator may require either party to furnish to him or her, within a specified period, such documents or other information as he or she considers appropriate.

• (4) The adjudicator shall determine the dispute by either—

• (a) reaching a decision himself or herself in the matter, or

• (b) subject to section 98, declaring to the parties that he or she has adopted, as his or her determination of the dispute, a decision reached (through the adjudicator's assistance under subsection (5)) by the parties themselves in resolution of the matter,

and the reference in paragraph (a) to the adjudicator’s reaching a decision in the matter shall be deemed to include a reference to his or her deciding not to deal with the dispute in accordance with section 85.

• F270[(4A) Where an adjudication relates to a matter in connection with a notice of termination referred to the Board for resolution under section 76, the adjudicator shall have regard to any advice referred to in section 67(3A) when making a decision or determination in relation to the matter.]

• (5) Where the adjudicator considers it would be of practical benefit, the adjudicator may provide assistance to the parties with a view to the parties themselves reaching a decision in resolution of the matter concerned; such assistance may include the adjudicator’s stating to the parties any provisional conclusion he or she has reached in relation to any of the issues concerned.

• (6) Any statement of such a conclusion shall—

• (a) not be made in relation to any issue of fact which is in dispute between the parties, unless the parties request the making of such a statement,

• (b) not be made before every document submitted to the adjudicator by the parties and any initial oral submissions made by them have been considered by the adjudicator, and

• (c) be accompanied by a statement, whether oral or in writing, that the conclusion is of a provisional nature and its making does not absolve the adjudicator of his or her duty to determine the dispute impartially and in accordance with the requirements of procedural fairness.

• (7) The adjudicator may, in his or her discretion, permit another person to appear on a party's behalf at any hearing before the adjudicator.

• F271[(8) An adjudicator may receive evidence in accordance with subsection (9) where an adjudication relates to—

• (a) a matter referred to the Board under section 76 that relates to—

• (i) an alleged failure by a tenant to comply with section 16(h),

• (ii) alleged behaviour of a tenant that is threatening to the fabric of the dwelling or the property containing the dwelling, or

• (iii) an alleged failure by a landlord to comply with section 12(1)(a),

or

• (b) a complaint referred to the Board under section 77 that relates to—

• (i) an alleged breach of the duty of a landlord to enforce the obligation of a tenant under section 16(h), or

• (ii) an alleged breach of the duty of a landlord not to allow behaviour of a tenant that is threatening to the fabric of the dwelling concerned or the property containing the dwelling.

• (9) Where subsection (8) applies, the adjudicator may—

• (a) receive evidence from a person who could be affected by the alleged failure, behaviour or breach, or

• (b) receive as evidence of the alleged failure, behaviour or breach, a statement by a member of An Garda Síochána or an officer of a housing authority that the member or officer believes the alleged failure, behaviour or breach is occurring or has occurred, if the adjudicator is satisfied that—

• (i) there are reasonable grounds for the belief, and

• (ii) a person other than the member or officer would be deterred or prevented by violence or threat of violence to the person or to a person associated with that person, or to property of the person or of a person associated with that person, from giving such evidence.]

• F272[(10) An adjudication shall be conducted in public unless the adjudicator determines in accordance with rules made under section 109 that, due to the existence of special circumstances, the adjudication or part of it should be conducted otherwise than in public.

• (11) Where an adjudication or part of it is conducted otherwise than in public, a person shall not knowingly or recklessly publish the name, address, contact details or other personal data of a party to the adjudication.

• (12) A person who contravenes subsection (11) shall be guilty of an offence.

• (13) Criminal proceedings for an offence referred to in subsection (12) shall not lie against a member of the staff of the Board or an adjudicator in respect of anything done in good faith by the member of the staff or adjudicator in the course of the performance or purported performance of functions under this Act.

• (14) Each witness of a party before an adjudicator (including the party as witness) may be cross-examined by or on behalf of each other party.

• (15) A person giving evidence in an adjudication shall be entitled to the same immunities and privileges as a witness before the High Court.

• (16) An adjudicator may require that evidence be given in an adjudication by a person on oath or affirmation and for that purpose may administer or cause to be administered an oath or affirmation to the person.]

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

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 F274[10 working 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 F275[in accordance with section 123(1)(c)].

99. Adjudicator's report.

99.—(1) As soon as practicable after an adjudicator has made a determination under section 97 in relation to a dispute, the adjudicator shall prepare a report containing the following—

• (a) a statement of what matters, if any, relating to the dispute are agreed by the parties to be fact,

• (b) a summary of the matters (whether they go in whole or part to resolving the dispute or not) agreed to by the parties,

• (c) the terms of the determination made by the adjudicator,

• (d) in the case of a determination under section 97(4)(a), a summary of the reasons for the determination, and

• (e) relevant particulars in relation to the conduct of the adjudication (including particulars in relation to the number and duration of hearings held by the adjudicator, the persons who attended any such hearing and any documents submitted to the adjudicator).

• (2) The adjudicator shall, after preparing a report under subsection (1), furnish a copy of it to the Board.

• (3) After the receipt by it of a report under subsection (2), the Board shall serve on each of the parties a copy of the report and the following statement.

• (4) That statement is one to the effect that the F276[Director] will follow the procedures under section 121 (which concerns the F277[preparing and issuing] of determination orders) in relation to the determination of the adjudicator unless, in the case of a determination under section 97(4)(a), an appeal is made under, and in accordance with, section 100 against the determination and that appeal is not subsequently abandoned.

100. Appeal to Tribunal against adjudicator’s determination.

100.—(1) One or more of the parties may appeal to the Tribunal against a determination of an adjudicator under section 97(4)(a).

• (2) Such an appeal shall F278[state the ground or grounds for the appeal and shall] be made within F279[10 working days] from the date the Board serves on the party the report and statement referred to in section 99(3).

101. Provisions common to mediators and adjudicators.

101.—(1) In respect of a matter dealt with by him or her under this Chapter, the mediator or adjudicator shall—

• (a) declare to the parties at the outset of dealing with the matter any potential conflict of interest of which he or she is aware or ought reasonably be F280[aware, and]

• (b) act at all times in accordance with the highest standards of the professional body, if any, of which he or she is a F280[member.]

• (c) F281[…]

• (2) Where a declaration referred to in subsection (1)(a) is made to the parties then, unless the parties agree to the mediator or the adjudicator continuing to deal with the matter, the Board shall appoint another person from amongst the panel of mediators or adjudicators under section 164(4) to deal with the matter.

• (3) References in this Part to the person appointed under section 93(2) or (3) or section 94(a) to conduct the mediation or adjudication concerned shall be construed as including references to the person appointed for that purpose pursuant to subsection (2).

• (4) Subject to any rules under section 109, the manner in which a mediation or adjudication is conducted shall be at the discretion of the mediator or adjudicator concerned but it shall be the duty of that person to ensure that the mediation or adjudication is conducted without undue formality.

Chapter 5 Tenancy Tribunal

102. Tenancy Tribunals and the “Tribunal”.

102.—(1) From time to time as occasion requires the Board shall cause to be constituted, for the purposes of this Part, one or more tribunals which or each of which shall be known as a “Tenancy Tribunal”.

• (2) A reference in section 103 or any other provision of this Act to the “Tribunal” is a reference to whichever of the tribunals constituted under this section the provision concerned falls to be applied.

103. Membership of Tribunal, etc.

103.—(1) The number of members of the Tribunal shall be 3.

• (2) Each of the members of the Tribunal shall be a person who is, for the time being, a member of the Dispute Resolution Committee.

• (3) The members of the Tribunal shall be appointed by the Board.

• (4) One of the members of the Tribunal shall be the chairperson of the Tribunal; F283[…] the Board shall determine which of the members shall be the chairperson.

• (5) F283[…]

• (6) The Tribunal shall be independent in the performance of its functions.

• (7) A decision of a majority of the members of the Tribunal suffices for any purpose.

Chapter 6 Dispute resolution by Tribunal

104. Determination of disputes by Tribunal: procedures generally.

104.—(1) This section and the other sections of this Chapter contain the principal provisions regarding the procedures to be adopted by the Tribunal in relation to the determination by it of a dispute, whether that dispute—

• (a) has been referred to it by the Board under section 94 (which provides for the direct reference of a matter without mediation or adjudication taking place in relation to it),

• (b) has been referred to it by the Board under [F288section 96(2)] (which provides for the reference of a matter after mediation has not resulted in the matter being resolved), or

• (c) is the subject of an appeal under section 100 from a determination of an adjudicator of the matter.

• (2) The Tribunal shall hold one or more hearings for the purposes of determining the dispute.

• (3) The parties to the dispute shall be given by the Tribunal notice (to be of the duration specified in subsection (5)) of the holding of a hearing.

• (4) The following information shall be included in such a notice—

• (a) the date, time, venue and purpose of the hearing,

• (b) an outline of the substance of the matters to be dealt with at the hearing,

• (c) an outline of the procedures to be adopted at the hearing,

• (d) a reference to the provisions of this Act and any rules made under it that are relevant to the holding of the hearing,

• (e) a statement that the Tribunal will, unless substantial grounds arise for its deciding to do otherwise, proceed with the hearing at the date and time concerned notwithstanding that a party does not attend the hearing,

• (f) a statement that the Tribunal will determine the dispute notwithstanding that a party does not take part in the proceedings before the Tribunal, and

• (g) any other information the Tribunal considers appropriate.

• (5) The duration of the notice under subsection (3) shall be—

• (a) at least F289[10 working days] beginning on the date of the giving of the notice, or

• (b) such lesser period as the Board may specify where—

• (i) one or more of the parties requests the Board to specify such a period and the other party or parties consent to such F288[a specification,]

• (ii) the dispute concerns alleged behaviour by the landlord or the tenant that poses an imminent danger of death or serious injury or imminent danger to the fabric of the dwelling concerned or the property containing F288[that dwelling, or]

• F290[(iii) one or more of the parties requests the Board to specify such a period on the grounds of alleged financial or other hardship.]

• (6) Each of the parties shall be entitled to and be given the opportunity to be heard at the hearing and to be represented and to present evidence and witnesses before the Tribunal.

• (7) In the case of an appeal under section 100, the Tribunal may have regard to the report of the adjudicator.

• F291[(8) The Tribunal shall, on the hearing of a dispute referred to it under section 94 or 96(2) or an appeal under section 100, have regard to any advice referred to in section 67(3A) in relation to the matter the subject of the dispute or appeal, as the case may be, when making a determination under section 108.]

105. Provisions in relation to evidence, summoning of witnesses, etc.

105.—(1) The Tribunal may require that the evidence of a witness before it be given on oath.

• F295[(1A) The Tribunal may receive evidence in accordance with subsection (1B) where the dispute relates to—

• (a) a matter referred to the Board under section 76 that relates to—

• (i) an alleged failure by a tenant to comply with section 16(h),

• (ii) alleged behaviour of a tenant that is threatening to the fabric of the dwelling or the property containing the dwelling, or

• (iii) an alleged failure by a landlord to comply with section 12(1)(a),

or

• (b) a complaint referred to the Board under section 77 that relates to—

• (i) an alleged breach of the duty of a landlord to enforce the obligation of a tenant under section 16(h), or

• (ii) an alleged breach of the duty of a landlord not to allow behaviour of the tenant that is threatening to the fabric of the dwelling or the property containing the dwelling.

• (1B) Where subsection (1A) applies, the Tribunal may—

• (a) receive evidence from a person who could be affected by the alleged failure, behaviour or breach, or

• (b) receive as evidence of such alleged failure, behaviour or breach a statement by a member of An Garda Síochána or an officer of a housing authority that the member or officer believes the alleged failure, behaviour or breach is occurring or has occurred, if the Tribunal is satisfied that—

• (i) there are reasonable grounds for the belief, and

• (ii) a person other than the member or officer would be deterred or prevented by violence or threat of violence to the person, or to a person associated with that person, or to property of the person or of the person associated with that person, from giving such evidence.]

• (2) Each witness of a party before the Tribunal (including the party as a witness) may be cross-examined by or on behalf of every other party.

• (3) For the purposes of its functions under this Part, the Tribunal may—

• (a) summon witnesses to attend before it,

• (b) administer an oath, and

• (c) require any person to produce to the Tribunal any document in his or her power or control.

• (4) A witness before the Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

• (5) Any person who—

• (a) on being duly summoned as a witness before the Tribunal and having had tendered to him or her the sum, if any, which has been directed under subsection (6)(a) to be paid in respect of the expenses of his or her attendance makes default in attending,

• (b) being in attendance as a witness refuses to take an oath legally required by the Tribunal to be taken, or to produce any document in his or her power or control legally required by the Tribunal to be produced by him or her, or to answer any question to which the Tribunal may legally require an answer, or

• (c) does any other thing which, if the Tribunal were a court having power to commit for contempt of court, would be contempt of such court,

is guilty of an offence.

• (6) The Tribunal may, out of moneys at the disposal of the Board, direct that the whole or part of the reasonable expenses—

• (a) that will be incurred by a person summoned to attend before it in so attending, or

• (b) that have been incurred by a person summoned to attend before it in so attending,

shall, as it thinks appropriate, be paid to him or her before he or she so attends or, as the case may be, be re-imbursed to him or her.

106. Proceedings to be in public.

F296[106.—(1) Proceedings before the Tribunal shall be conducted in public unless the Tribunal determines in accordance with rules made under section 109 that, due to the existence of special circumstances, the proceedings or part of them should be conducted otherwise than in public.

• (2) Where proceedings, or part of them, are conducted otherwise than in public, a person shall not knowingly or recklessly publish the name, address, contact details or other personal data of a party to the proceedings.

• (3) A person who contravenes subsection (2) shall be guilty of an offence.

• (4) Criminal proceedings for an offence referred to in subsection (3) shall not lie against a member of the staff of the Board or a member of the Tribunal in respect of anything done in good faith by the member of the staff or the member of the Tribunal in the course of the performance or purported performance of functions under this Act.]

107. Adjournments of hearing.

107.—The Tribunal may adjourn the hearing by it of a matter until a date specified by it.

108. Determination by Tribunal of dispute and notification to Board.

108.—(1) Unless it has sooner made a determination of the kind specified in subsection (2), the Tribunal shall, on completion of its hearing in relation to the dispute, make its determination in relation to the dispute and notify the Board of that determination.

• (2) The determination firstly mentioned in subsection (1) is a decision by the Tribunal not to deal with the dispute in accordance with section 85; such a determination shall be notified to the Board by the Tribunal.

Chapter 7 Supplementary procedural matters

109. Power of Board to make procedural rules.

109.—(1) The procedure to be followed under this Part in relation to a dispute shall, subject to this Part, be such as shall be determined by the Board by rules made by it with the consent of the Minister.

• (2) Without prejudice to the generality of subsection (1), rules under this section may—

• (a) specify the forms to be used for referring a dispute to the Board under this Part,

• (b) require specified notifications to be given in respect of the referral of a dispute to the Board under this Part,

• (c) specify that a fee of specified amount shall be paid to the Board in respect of the Board's initially dealing with a dispute or the following of any other procedure under this Part in relation to it F297[…],

• (d) specify the period within which—

• (i) a mediator or adjudicator must be appointed under section 93(2) or (3) or section 94(a) to deal with or determine a dispute referred to the Board,

• (ii) a mediator or adjudicator must furnish his or her report under section 95 or 99 to the Board,

• (iii) F298[…]

• (iv) the Board must serve the documents referred to in section 99(3) on each of the parties,

• (v) a dispute must be referred under section 94, F299[96(2)] or 100 to the Tribunal,

• (vi) F300[the Director must, from the date of receipt by the Board] of a determination of an adjudicator under section 97(4)(a) (contained in a report made to it under section 99), F301[prepare and issue a determination order] on foot of that determination,

• (vii) the Tribunal must, from the date of a dispute being referred to it, or a determination in relation to a dispute being appealed to it, arrange a hearing in relation to the dispute,

• (viii) the Tribunal must, from the date of completion by it of a hearing or hearings in relation to a dispute, make its determination in relation to the dispute,

• (ix) F300[the Director must, from the date of receipt by the Board] of a determination of the Tribunal under section 108 F301[prepare and issue a determination order] on foot of that determination, and

• (x) the Board must make an application under section 124 to enforce a determination order on being notified that that order is not being complied with.

• (3) In the absence of a specification, by rules under this section, of the period within which a thing referred to in a provision of this Act specified in subsection (2)(d) must be done, the provision shall be construed as requiring the thing to be done as soon as practicable after the doing of the thing that immediately precedes it.

110. Title to lands or property not to be drawn into question.

110.—The title to any lands or property shall not be drawn into question in any proceedings before a mediator, an adjudicator or the Tribunal under this Part.

111. Power to enter and inspect dwelling.

111.—(1) Subject to subsection (3), a mediator, an adjudicator or a member of the Tribunal or the Board who is dealing with a dispute under this Part may, for the purposes of his or her functions under this Part, enter and inspect any dwelling to which the dispute relates.

• (2) The powers under subsection (1) may be exercised in relation to a dwelling to which a dispute relates even though the dwelling is occupied by a person who takes no part in the proceedings concerned or initially takes part in them but subsequently withdraws from them.

• (3) The powers under subsection (1) shall not, without the consent of that person, be exercised in relation to a dwelling occupied by a person referred to in subsection (2) unless, at least 24 hours before the date on which the person concerned intends to exercise those powers, he or she serves on the first-mentioned person a notice of that intention.

• (4) A person mentioned in subsection (1) may authorise in writing a person who he or she is satisfied has an expertise in any area relevant to the dispute concerned (for example, engineering, valuation or surveying) to exercise the powers under that subsection in relation to the dwelling concerned; a person so authorised shall, if requested, produce to any person concerned his or her authorisation under this subsection before exercising the powers under subsection (1).

• (5) A person who obstructs or impedes a person mentioned in subsection (1), or a person authorised under subsection (4), in the exercise of his or her powers under this section is guilty of an offence.

112. Obligations of confidentiality.

112.—(1) A mediator F303[…] shall not disclose to any person any statement or information of a confidential nature made or supplied to the mediator F303[…] in connection with the performance of his or her functions under this Part unless one or more of the conditions specified in subsection (2) is complied with.

• (2) The conditions referred to in subsection (1) are—

• (a) the person who makes the statement or supplies the information consents to its disclosure,

• (b) the mediator F303[…] has reasonable grounds for believing that the disclosure is necessary to prevent or reduce the danger of injury to any person or damage to any property,

• (c) the disclosure is for the purpose of proceedings for an offence under section 113,

• (d) it would not be possible for the mediator F303[…] to deal with or determine the dispute concerned without disclosing the statement or information.

• (3) A statement or information is of a confidential nature for the purposes of subsection (1) if—

• (a) it was expressed to be of such a nature by the maker or supplier of it to the mediator F303[…], or

• (b) from the circumstances in which it was made or supplied to him or her or its subject matter, the mediator F303[…] ought reasonably to have concluded that it was of such a nature.

• (4) A person who contravenes subsection (1) is guilty of an offence.

113. Offence of providing false information to Board.

113.—A person is guilty of an offence if—

• (a) he or she makes a statement or supplies information to an adjudicator, the Tribunal or the Board in connection with the performance by the adjudicator, Tribunal or Board of his or her or its functions under this Part in relation to a dispute,

• (b) that statement or information is false or misleading in a material respect, and

• (c) the person knows that that statement or information is so false or misleading.

114. Certain proceedings and acts privileged.

114.—(1) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator for the purposes of, or in connection with, proceedings under this Part dealt with by it or him or her shall, for the purposes of the law of defamation, enjoy absolute privilege.

• (2) Any report or other document prepared, or communication made, by the Board, the Tribunal, a mediator or an adjudicator that does not fall within subsection (1) but which is prepared or made for the purposes of, or in connection with, the performance by it or him or her of functions under this or any other Part of this Act shall, for the purposes of the law of defamation, enjoy qualified privilege.

114A. F304[Publication of certain statistics by Board

114A.—The Board shall publish statistics, including average waiting times and such other statistics as may be prescribed, in relation to the performance of its functions under section 151(1)(a) in respect of each successive period of 3 months in every calendar year.]

Chapter 8 Redress that may be granted under this Part

115. Redress that may be granted on foot of determination.

115.—(1) A power conferred by this Part on an adjudicator or the Tribunal to make a determination in relation to a dispute includes a power to make such declarations or give such directions as the adjudicator or the Tribunal thinks appropriate for the purpose of providing relief to one, or more than one as appropriate, of the parties.

• (2) Without prejudice to the generality of subsection (1) and the subsequent provisions of this Chapter, one or more of the following declarations or directions, as appropriate, may be made or given in respect of a dispute—

• (a) a direction that a specified amount of rent or other charge shall be paid on, or on and from, or by a specified date,

• (b) a declaration as to whether or not an amount of rent set under a tenancy of a dwelling complies with F305[…]section 19 (and if the declaration is that that amount does not so comply, the declaration shall be accompanied by an indication by the adjudicator or the Tribunal as to what amount, in his or her or its opinion, would comply F306[with section 19],

• (c) a direction as to the return or payment, in whole or in part, of the amount of a deposit,

• (d) a direction that a specified amount of damages or costs or both be paid,

• (e) a direction that a dwelling be quitted by a specified date,

• (f) a declaration as to the validity or otherwise of a notice of termination of a tenancy,

• (g) F307[subject to subsection (2A),] a declaration with regard to the right to return to, or continue in, occupation of a dwelling (and such a declaration may include provision to the effect that any period of interruption in possession that has occurred is to be disregarded for one or more purposes),

• (h) a declaration that a term of a lease or tenancy agreement is void by reason of section 184,

• (i) F308[…]

• F307[(2A) A declaration made under subsection (2)(g) where the landlord has entered into an enforceable agreement of the type referred to in paragraph 3 of the Table to section 34 shall not have effect.]

• (3) F309[Subject to subsection (6), the amount] (or, as appropriate, the aggregate of the amounts), other than costs or expenses of whatsoever kind, that an adjudicator or the Tribunal may direct to be paid to a party in respect of the matter (or, as appropriate, all of the matters) the subject of a dispute referred to the Board for resolution shall not exceed—

• (a) if the amount or amounts consist solely of damages — €20,000,

• (b) if the amount or amounts consist solely of an amount or amounts by way of arrears of rent or other charges — €20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this paragraph of €60,000),

• (c) if the amount or amounts consist of both damages and an amount or amounts referred to in paragraph (b)—

• (i) in so far as the amount or amounts consist of damages — €20,000,

• (ii) in so far as the amount or amounts consist of such other amount or amounts — €20,000 or an amount equal to twice the annual rent of the dwelling concerned, whichever is the higher (but subject to a maximum under this subparagraph of €60,000).

• F310[(4) Without prejudice to the generality of subsection (3), an amount that is to be awarded in accordance with a direction relating to a failure to comply with section 16(f) or 16(g) shall be included in the amount referred to in subsection (3)(a) or, as the case may be, subsection (3)(c)(i).

• (5) The amount of costs or expenses that may be awarded to a party shall not exceed €1,000.]

• F307[(6) The amount (or, as appropriate, the aggregate of the amounts), that an adjudicator or the Tribunal may direct to be paid to a party under subsection (3), together with the amount of costs or expenses that may be awarded to a party in accordance with subsection (5), including any costs referred to in paragraph (a) or (b) of section 5(3), shall not exceed the monetary limit for an action in tort for the time being standing specified of the jurisdiction of the Circuit Court.]

116. Determination may require sub-tenancy to be quitted in certain cases.

116.—If—

• (a) the determination of an adjudicator or the Tribunal includes a direction that a dwelling, the subject of a tenancy, be quitted by a specified date,

• (b) that tenancy is one out of which a sub-tenancy has been created, and

• (c) the landlord, when he or she served a notice of termination on the tenant in respect of that tenancy, required the tenant to terminate that sub-tenancy,

then the determination may include a direction requiring the subtenant to quit the dwelling by a specified date.

117. Redress of an interim nature may be granted.

117.—(1) In addition to the powers conferred by this Part with respect to the determination of disputes, an adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.

• (2) Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.

• (3) As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.

• (4) This section is without prejudice to section 189 and the power under subsection (1) may not be exercised in a manner which is inconsistent with or would derogate from any interim or interlocutory relief granted by the Circuit Court under that section.

118. Discretion to refuse direction for possession.

118.—(1) If the inclusion of a direction in a determination that a party (“the first-mentioned person”) be permitted to resume possession of a dwelling, the subject of a tenancy, would cause hardship or injustice to a person (“the second-mentioned person”) not party to the dispute who is in possession of that dwelling, then the determination may, instead of including such a direction, include—

• (a) a declaration that the first-mentioned person was wrongfully deprived of possession of the dwelling, and

• (b) a direction that damages of a specified amount be paid by the landlord to that person in respect of that deprivation.

• (2) In deciding whether the inclusion in a determination of a direction of the kind firstly mentioned in subsection (1) would cause hardship or injustice to the second-mentioned person, the matters to which regard shall be had shall include—

• (a) the length of time the second-mentioned person has been in possession of the dwelling concerned,

• (b) any involvement the second-mentioned person may have had in the first-mentioned person being deprived of possession of the dwelling, and

• (c) any knowledge the second-mentioned person may have had, before he or she took possession of the dwelling, of the existence of a dispute concerning the right of the first-mentioned person to possession of the dwelling.

• (3) The second-mentioned person shall be afforded an opportunity to make submissions with regard to whether a determination should include a direction of the kind firstly mentioned in subsection (1); if necessary, for that purpose, the proceedings concerned shall be adjourned and the second-mentioned person notified of the matter.

119. Certain directions to be given in the case of arrears of rent.

119.—(1) Any amount of arrears stipulated to be paid by a determination shall be the gross amount of the rent and other charges (if any) concerned which the adjudicator or the Tribunal considers to be in arrears as reduced by—

• (a) any relevant debts due, in the opinion of the adjudicator or the Tribunal, by the landlord to the tenant in accordance with section 48 of the Landlord and Tenant Law Amendment Act Ireland 1860,

• (b) any set-off for expenditure on repairs the tenant would be entitled to make under section 87 of the Landlord and Tenant (Amendment) Act 1980,

• (c) any compensation due by the landlord to the tenant in circumstances where section 61 of the Landlord and Tenant (Amendment) Act 1980 applies,

• (d) any other amount which the adjudicator or the Tribunal considers warranted in the circumstances of the case,

and as increased by any amount that the adjudicator or the Tribunal, in all the circumstances of the matter, considers appropriate in respect of—

• (i) F313[subject to subsection (3), costs] reasonably incurred by the landlord in pursuit of the arrears of rent,

• (ii) damages,

• (iii) F314[…]

• (2) A determination of an adjudicator or the Tribunal in respect of an amount referred to in subsection (1) shall, if any of paragraphs (a) to (d) or paragraphs (i) to (iii) of that subsection have had to be applied in calculating the amount, indicate how the amount was calculated by reason of the application of the paragraph or paragraphs concerned.

• F315[(3) The costs awarded under subsection (1)(i) shall not exceed €1,000.]

120. Circumstances of landlord or tenant not to be taken account of in certain cases.

120.—(1) If the dispute being dealt with by a mediator, adjudicator or the Tribunal relates to the amount of the rent that ought to be set under a tenancy at a particular time or as to when a review of such rent ought to take place, the circumstances, financial or otherwise, of the landlord or tenant may not be taken into consideration—

• (a) by the mediator in taking any of the steps mentioned in section 95, or

• (b) by the adjudicator or the Tribunal in determining the dispute.

• (2) The reference in subsection (1) to the setting of the rent under a tenancy shall be construed in accordance with section 19(2).

Chapter 9 Determination orders and enforcement generally

121. Determination orders.

121.—(1) Each of the following—

• F316[(a) an agreement referred to in section 96(1),]

• (b) a determination mentioned in a report of an adjudicator under section 99,

• (c) a determination of the Tribunal notified to the Board under section 108,

• (d) a direction given by an adjudicator or the Tribunal under section 82(5) or 117,

shall be the subject of a written record (in this Act referred to as a “determination order”) prepared F317[by the Director and issued by him or her] to the parties concerned.

• (2) A determination order shall contain the terms of the agreement, determination or direction concerned; those terms may be expressed in the order in a manner different from the manner in which they are expressed in the agreement, determination or direction if the F317[Director] considers it appropriate to do so for the purpose mentioned in subsection (3).

• (3) That purpose is to remove any ambiguity that the F317[Director] considers exists in the terms of the agreement, determination or direction or to clarify, generally, those terms in a manner that it considers will be of benefit to the parties or will facilitate compliance with the agreement, determination or direction.

• (4) In considering whether it is appropriate to exercise the power under subsection (2) with respect to the terms of a particular agreement or determination referred to in paragraph (a) or (b) of subsection (1), the F317[Director] shall have regard to—

• F316[(a) in the case of such an agreement, the report furnished F317[to him or her] under section 95(4),]

• (b) in the case of such a determination, the relevant report of the adjudicator furnished F317[to him or her] under section 99(2).

• (5) In the case of doubt as to whether it is appropriate to exercise that power the Board may also consult with, as appropriate, the mediator, the adjudicator or the Tribunal and with the parties themselves.

• F318[(5A) A document purporting to be a determination to which this section relates and to be signed by—

• (a) the Director under this section, or

• (b) a member of the staff of the Board, pursuant to the function of the Director under this section being delegated to the member under section 161(2),

shall, unless the contrary is proved, be deemed to be a determination duly made and shall be received in any proceedings in any court without further proof of—

• (i) the determination,

• (ii) the signature of the Director or the person to whom paragraph (b) relates, as the case may be, or

• (iii) where relevant, the delegation to which paragraph (b) relates.]

• (6) F319[…]

• (7) F320[…]

• (8) The reference in subsection (1)(b) to a determination mentioned in a report of an adjudicator under section 99 does not include a reference to such a determination against which an appeal has been made under, and in accordance with, section 100 unless that appeal has been subsequently abandoned.

• F321[(9) The Director may, by notice in writing given to the parties concerned, correct any mistake (including any omission) of an administrative or clerical nature in a determination order.]

122. Provision to ensure consistency between determinations.

122.—(1) If, on consideration of a determination of the Tribunal, the Board is of opinion that the determination is not consistent with previous determinations of the Tribunal in relation to disputes of a similar nature to the dispute concerned then the Board may exercise the powers under subsection (2).

• (2) Those powers are—

• (a) to notify the members of the Tribunal who made the determination concerned of that opinion and request each of them to submit any views he or she has in relation to the matter to the Board,

• (b) having had regard to the views, if any, submitted by those members to it, pursuant to that request, to notify the parties to the dispute concerned of that opinion and request each of them to indicate whether he or she consents to a fresh determination being made pursuant to paragraph (c) by the Tribunal in relation to the dispute or wishes to make representations to the Board in relation to the matter,

• (c) if the parties consent to such a fresh determination being made or the Board, having had regard to the representations, if any, made to it by one or more of them pursuant to the request under paragraph (b), considers it appropriate to direct the Tribunal to do so, to direct the Tribunal to make a fresh determination in relation to the dispute.

• (3) The making of any such fresh determination shall be preceded by a re-hearing of the matter by the Tribunal and the provisions of Chapters 5 to 7 shall apply accordingly.

• (4) For the purposes of subsection (1), one dispute is of a similar nature to another dispute if the issues involved in each of them are the same and the facts that gave rise to each of them, as appearing from any record kept by the Tribunal in relation to its proceedings or any other record available to the Board, are the same in all material respects.

123. Binding nature of determination orders.

123.—F322[(1) Subject to subsection (2), a determination order shall become binding on the parties concerned—

• (a) in the case of a determination order embodying the terms of an agreement referred to in section 96(1), on the expiry of the period referred to in section 95(5A) unless, before the expiry of that period, a notification is made to the mediator and the Board under the said section 95(5A) in respect of the agreement,

• (b) in the case of a determination of an adjudicator under section 97(4)(a), on the expiry of the period referred to in section 100(2) unless, before the expiry of that period, an appeal is made under section 100(1) in respect of the determination, and

• (c) in the case of a determination of an adjudicator under section 97(4)(b), on the order being issued to the parties.]

• (2) A determination order embodying the terms of a determination of the Tribunal shall, on the expiry of the relevant period, become binding on the parties concerned unless, before that expiry, an appeal in relation to the determination is made under subsection (3).

• (3) Any of the parties concerned may appeal to the High Court, within the relevant period, from a determination of the Tribunal (as embodied in a determination order) on a point of law.

• (4) The determination of the High Court on such an appeal F323[…] shall be final and conclusive.

• (5) The High Court may, as a consequence of the determination it so makes, F324[direct the Director] to cancel the determination order concerned or to vary it in such manner as the Court specifies and F324[the Director shall cancel] or vary the order accordingly; if the cancellation or variation directed to be made relates to a determination of the Tribunal not to deal with the dispute in accordance with section 85, the Board shall, in addition, refer all or part, as appropriate, of the dispute to the Tribunal for determination by the Tribunal and the provisions of this Part shall, with any necessary modifications, apply to that determination.

• F325[(5A) The High Court shall, on an appeal under subsection (3) from a determination of the Tribunal other than a determination not to deal with the dispute in accordance with section 85—

• (a) where its determination on the appeal does not require the Director to cancel or vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it was originally issued, and

• (b) where its determination on the appeal requires the Director to vary the determination order under subsection (5), direct the party or parties concerned to comply with the determination order in the terms as it will stand following such variation.

• (5B) Where the High Court directs the Director to cancel or vary the determination order concerned under subsection (5), it may direct the Director to direct that a fresh determination of all or part of the dispute shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).

• (5C) At any time during the course of an appeal under this section, the High Court may make such ancillary or other orders, including an order for possession of a dwelling the subject of a determination order or an interim order directing the payment of rent due, as it considers just.

• (5D) The Board may furnish to the registrar of the High Court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the Court under subsections (5) to (5C) (including, if the Court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).]

• (6) References in section 124 to a determination order shall, where that order embodies the terms of a determination of the Tribunal, be construed as references to—

• (a) such an order as respects which an appeal against the determination embodied in it has not been made under this section within the relevant period or, if such appeal has been brought, it has been abandoned, or

• (b) if such an appeal has been brought (and the result of the appeal does not require the F324[Director] to cancel the order under subsection (5)), as the case may be—

• (i) such an order in the terms as it was originally F326[issued], or

• (ii) such an order in the terms as it stands following the variation of it by the F324[Director] under subsection (5).

• (7) The Board F327[shall] publish, in such manner as it thinks fit—

• (a) a determination order F324[issued by the Director] (including such an order as it stands varied by it under subsection (5)),

• (b) notice of the cancellation of such an order under subsection (5) or section 125.

• F328[(7A) Where, due to the existence of special circumstances identified by an adjudicator under section 97(10) or the Tribunal under section 106(1), an adjudication or Tribunal hearing or part of it is to be conducted otherwise than in public, the Board shall redact from the determination order that it publishes under subsection (7) the name, address, contact details and other personal data of the parties concerned.]

• F329[(8) In this section, "relevant period" means a period beginning on the date that the determination order concerned is issued to the parties for a duration—

• (a) of 21 days, or

• (b) specified by the High Court pursuant to an application under subsection (9).]

• F330[(9) Any of the parties concerned may make an application to the High Court for an order extending the period referred to in subsection (8)(a).

• (10) An application under subsection (9) shall—

• (a) state the reason why the applicant is seeking an extension of the period referred to in subsection (8)(a), and

• (b) be made on motion (grounded on affidavit) on notice to the Board and any other party or notice party to the proposed appeal.

• (11) The High Court may, upon application to it under subsection (9), make an order extending the period referred to in subsection (8)(a) and specifying the duration of the period within which an appeal under subsection (3) may be made, if it is satisfied that—

• (a) there is good and substantial reason for doing so, and

• (b) the circumstances that resulted in the applicant seeking an extension of the period referred to in subsection (8)(a) were outside the control of the applicant.]

124. Enforcement of determination orders.

124.—(1) If the Board or a party mentioned in a determination order is satisfied that another party has failed to comply with one or more terms of that order, the Board or the first-mentioned party may make an application under this section to the F331[District Court] for an order under subsection (2).

• F332[(2) On such an application and subject to section 125, the District Court shall, if it is satisfied that the determination order has been issued to the party concerned (in this section referred to as the "respondent") and that the respondent has failed to comply with one or more terms of the determination order concerned, make an order directing the respondent to comply with that term or those terms.]

• (3) F333[…]

• (4) F333[…]

• (5) F333[…]

• F332[(6) If the applicant under this section is not the Board, and the respondent proposes to oppose the application, the respondent shall give the Board at least 10 working days’ notice specifying that the respondent proposes to oppose the application on the ground that—

• (a) the determination order has not been issued to the respondent, or

• (b) the determination order ought to be cancelled under section 125,

and the Board shall be entitled to appear and be heard at the hearing of the application.]

• (7) The court may make such ancillary or other orders F334[, including an order for possession of a dwelling the subject of a determination order,] as it considers just on the hearing of an application under this section.

• (8) The Board may furnish to the registrar of the court such information derived from the register as, in its opinion, is likely to assist in the execution of an order made by the court under subsection (2) (including, if the court gives a direction authorising the Board to give that number to the registrar, the personal public service number of any party concerned).

• (9) An application under this section to the F331[District Court] shall be made to the judge of the F331[District Court] for the F331[District Court district] in which the tenancy or dwelling concerned is or was situated.

• F335[(10) The monetary limit for the time being standing specified of the jurisdiction of the District Court shall not apply in respect of proceedings brought or heard, as the case may be, in the District Court under this section on or after the commencement of section 57 of the Residential Tenancies (Amendment) Act 2015 and, the monetary limit which shall apply in respect of those proceedings, shall be the monetary limit F336[for an action in tort] for the time being standing specified of the jurisdiction of the Circuit Court.]

125. Cancellation of determination order in cases of nonappearance.

125.—(1) A person who establishes to the satisfaction of—

• (a) the Board, or

• (b) if the determination order is the subject of an application under section 124, the F338[District Court], on the hearing of that application,

that, in relation to a determination order embodying the terms of a determination of the Tribunal or an adjudicator, there are good and substantial reasons for his or her having failed to appear at the relevant hearing conducted by the Tribunal or the adjudicator, the Board or the F338[District Court] may, subject to subsection (3), exercise the powers referred to in subsection (2).

• (2) The powers mentioned in subsection (1) are to F339[direct the Director to] cancel the determination order and direct that a fresh determination of the matter shall be made by the adjudicator or the Tribunal as appropriate (and the making of any such fresh determination shall be preceded by a re-hearing of the matter by the adjudicator or the Tribunal and the provisions of Chapters 4 to 7 shall apply accordingly).

• (3) The Board or the F338[District Court], as the case may be, may direct that that cancellation shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1) (being conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts (S.I. No. 15 of 1986) for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned).

• F340[(4) Without prejudice to subsection (3), if the determination order, the subject of an application under section 124, is one requiring a dwelling to be vacated and—

• (a) the basis for that requirement is that the tenancy concerned was validly terminated by service of a notice of termination, and

• (b) that notice was served by reason of the tenant’s failure to pay an amount of rent due,

the District Court may, before hearing any arguments or receiving any evidence in relation to whether good and substantial reasons referred to in subsection (1) have been established, require the respondent to lodge in court or pay to the applicant, as it thinks appropriate, that amount of rent together with such amount as it specifies in respect of the dwelling’s continued occupation by the respondent after the service of that notice.]

• (5) The Board, before deciding whether to exercise the powers under this section, shall afford the other party or parties concerned an opportunity to be heard.

• (6) The reference in subsection (3) to the Rules of the Superior Courts is a reference to those Rules as amended for the time being; if those Rules should be revoked then the reference to them in that subsection shall be read as a reference to such rules corresponding to those Rules as may be for the time being in force.

125A. F341[Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement

125A.— ...]

126. Offence for failure to comply with determination order.

126.—F342[…]

PART 7 Registration of Tenancies

Chapter 1 Private residential tenancies register

127. Establishment of register.

127.—(1) The Board shall, as soon as practicable after the establishment day, establish and maintain a register which shall be known as the “private residential tenancies register” and is in this Act referred to as the “register”.

• (2) There shall be registered in the register each tenancy of a dwelling in the State the subject of an application for registration made under, and in accordance with, this Part.

• (3) F343[Subject to subsection (3A), the form] of the register, the types of information to be contained in it, the format of any aspect of that information and any other matters relevant to the maintenance of the register shall be such as the Board determines from time to time.

• F344[(3A) The register shall contain—

• (a) the number assigned under section 135(3) in respect of the tenancy of the dwelling,

• (b) the local electoral area (within the meaning of section 2 of the Local Government Act 2001) in which the dwelling concerned is situate, and

• (c) the particulars referred to in respect of the dwelling in paragraphs (i), (j) and (k) (other than particulars of any taxes or other charges required to be paid by the tenant) of section 136(1).]

• (4) Save under and in accordance with this Act and subject to subsection (5), no information contained in the register shall be disclosed to any person.

• (5) Subsection (4) does not apply to a disclosure of information contained in the register by—

• (a) a member of the Board,