Residential Tenancies (Amendment) Act 2015

Cancellation of return of deposit in cases of failure to provide statement of agreement or disagreement

59. The Principal Act is amended by inserting the following section after section 125:

125A. (1) A person who establishes to the satisfaction of the Board that, in relation to the return, under section 148L(1), of a deposit (or an amount of the deposit), that there are good and substantial reasons for his or her having failed to comply with section 148F(2) and 148I(3), the Board may, subject to subsection (3), exercise the powers referred to in subsection (2).

(2) The powers mentioned in subsection (1) are—

(a) to cancel the return of the deposit,

(b) to direct that the return of the deposit be the subject of a dispute to be referred to the Board under paragraph (ab) of section 78(1), and

(c) to direct the party to whom the deposit was returned under section 148L, to return the deposit (or a specified amount of the deposit) to the Board.

(3) The Board may direct that—

(a) the cancellation of the return of the deposit under section 148L shall not have effect unless specified conditions are, within a specified period, complied with by the person referred to in subsection (1), and

(b) the return of the deposit be subject to specified conditions, including, where appropriate, a condition referred to in paragraph (a).

(4) The reference to conditions in subsection (3) means conditions analogous to the terms the High Court may impose under the Rules of the Superior Courts for setting aside a judgment obtained in circumstances where one of the parties did not appear at the trial concerned.

(5) The reference in subsection (4) to the Rules of the Superior Courts shall be construed in accordance with subsection (6) of section 125.

(6) The Board, before deciding whether to exercise the powers under this section, shall afford the party to whom the deposit was returned under section 148L an opportunity to be heard.”.