A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

of the parties and investigate the
dispute fully. The Adjudicator will
decide how the dispute is to be
resolved.
The matter will be referred to a
Tenancy Tribunal if any of the parties
wishes to appeal the Adjudicator’s
decision within 21 days, or in the event
that mediation is unsuccessful and any
of the parties request a Tribunal
hearing. In certain exceptional cases,
the PRTB may refer a dispute directly
to the Tribunal, e.g. where there
appears to be imminent risk of
damage to the dwelling or danger to
one of the parties.
A mediation agreement or adjudication
decision that is not appealed will
become a binding determination order
of the PRTB in resolution of the
dispute.
9.6 The Tenancy Tribunal
Each Tenancy Tribunal will consist of
three persons who have relevant
professional knowledge and
experience. The Tenancy Tribunal
holds its hearings in public. There
should be 21 days notice of the
hearing before the Tribunal. A shorter
period can be allowed if the parties
involved agree, or if there is an
immediate danger to the structure of
the dwelling or the health and safety of
the tenant. Although its procedures are
relatively informal and user-friendly,
basic court rules will be applied by the
PRTB.
The parties will be allowed participate
fully and give their evidence. The
parties may, if they wish, be
represented at the Tribunal and bring
their own witnesses. However, it
should be borne in mind that the costs
of witnesses or professional
representation will not generally be
awarded by the Tribunal.
Where it considers it appropriate the
Tribunal may summon witnesses, in
this case expenses are provided to
witnesses. The Tribunal may also
require the production of any
document and take evidence under
oath. It is considered an offence to
provide false information to the Board
or to the Tribunal.
The Tribunal is to conduct its hearings
in public but the Board may decide
that the parties involved are not to be
identified.
The Tribunal’s determination of the
dispute will be issued to the parties as
a determination order of the PRTB and
is binding unless appealed, within 21
days, to the High Court on a point of
law. The PRTB’s determination orders
will be published.
9.7 Determinations of the
Tribunal
Determinations refer to the outcomes
of the Tribunal. These outcomes might
include:
• That a certain amount (rent or cost)
be paid;
• That the amount of rent is not the
market rent;
• That all or some of a deposit should
be returned;
• That damages be paid;
• That the tenant should leave the
dwelling;
• That a notice served by either the
tenant or the landlord is valid or not
valid;
A Dubliner’s Guide to the Residential Tenancies Act, 2004 22
(Updated January 2008)