Residential Tenancies (Amendment) Act 2015
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Liability for loss | ||
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80. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance, before the commencement of this Part, of the functions transferred to the Board by or under this Act, shall on and after the commencement of this Part, lie against the Board and not against the Tribunal. | ||
(2) Where immediately before the commencement of this Part, any legal proceedings are pending to which the Tribunal is a party and the proceedings have reference to any functions transferred by section 76, the name of the Board shall, in so far as the proceedings relate to any function transferred by section 76 , be substituted in the proceedings for that of the Tribunal or added in the proceedings, as may be appropriate, and the proceedings shall not abate by reason of such substitution. | ||
(3) Where, before the commencement of this Part, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against the Tribunal, be enforceable against the Board and not the Tribunal. | ||
(4) Any claim made or proper to be made by the Tribunal in respect of any loss or injury arising from the act or default of any person before the commencement of this Part shall, where the claim relates to a function transferred to the Board by this Part, be regarded as having been made by or proper to be made by the Board and may be pursued and sued for by the Board as if the loss or injury had been suffered by the Board. |