Residential Tenancies Act 2004
Dispute resolution by Tribunal
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 section 96 (6) (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 21 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 a specification, or
(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 that dwelling.
(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.