Residential Tenancies Act 2004
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Particular matters that may be referred (non-exhaustive list). |
78.—(1) Without prejudice to the generality of sections 76 and 77 , the matters in respect of which disputes and, where appropriate, complaints may be referred to the Board for resolution include— | |
(a) the retention or refund of a deposit, | ||
(b) the amount that ought to be initially set (in compliance with section 19 ) as the amount of rent under a tenancy, | ||
(c) the time at which a review of rent referred to in Part 3 should take place or the amount of rent that should be determined on foot of that review, | ||
(d) an alleged failure by the tenant to comply with any of the obligations applicable to the tenant, including those contained in any lease or tenancy agreement, | ||
(e) an alleged failure by the landlord to comply with any of the obligations applicable to the landlord, including those contained in any lease or tenancy agreement, | ||
(f) an allegation that the landlord has sought to terminate a tenancy other than in accordance with the provisions of Part 4, | ||
(g) an allegation that the ground stated by the landlord for the purposes of terminating a tenancy was not valid or that the notice used to terminate a tenancy did not comply with this Act, | ||
(h) the appropriate period of notice to be given by a notice of termination in respect of a tenancy, | ||
(i) whether a tenancy stands terminated notwithstanding the absence of the service of a notice of termination by the tenant and where the tenant has allegedly vacated the dwelling concerned, | ||
(j) an alleged failure by the tenant or other occupant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by the landlord, | ||
(k) an alleged failure by a sub-tenant to offer up, by the specified date, vacant possession of a dwelling on foot of receipt by him or her of a notice of termination validly served by a head-tenant, | ||
(l) a claim for recovery of costs or damages or both by a landlord or tenant in respect of a failure by either to comply with his or her obligations applicable to the tenancy including those contained in any lease or tenancy agreement, | ||
(m) a claim for costs or damages or both by a landlord or tenant for the purported termination of a tenancy otherwise than in accordance with this Act, | ||
(n) an alleged failure by a person to comply with a determination order made by the Board, | ||
(o) an allegation that a landlord has contravened section 14 (prohibition on penalisation of tenants), | ||
(p) an allegation that an agreement referred to in section 35 (6) has not been complied with, | ||
(q) a claim by a landlord for arrears of rent or other charges. | ||
(2) For the avoidance of doubt, a dispute may, subject to the provisions of this Part, be referred by a sub-tenant to the Board for resolution with regard to a notice of termination served in respect of the head-tenancy out of which the sub-tenant's tenancy arises whether or not such a dispute is also so referred by the head-tenant. | ||
(3) On such a reference by the sub-tenant he or she shall have standing to put in issue any matter relating to the notice of termination concerned despite the head-tenant's— | ||
(a) not having taken any issue with the head-landlord in relation to that matter, or | ||
(b) having made any representation to the landlord or done any act that estops him or her from taking any such issue with the head-landlord, or | ||
(c) not putting in issue that matter in any dispute so referred by himself or herself with regard to the notice of termination. |