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27 2004

Residential Tenancies Act 2004

Chapter 8

Redress that may be granted under this Part

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 section 19 (1) (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 with section 19 (1)),

(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) 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) in the special circumstances of a dispute heard under this Part, a direction that the whole or part of the costs or expenses incurred by the adjudicator or the Tribunal in dealing with the dispute shall be paid by one or more of the parties.

(3) 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).

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.

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.

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.

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) costs reasonably incurred by the landlord in pursuit of the arrears of rent,

(ii) damages,

(iii) an amount in respect of the cost of any repairs which fell to be carried out by reason of the failure of the tenant to comply with section 16 (f).

(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.

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).