Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 30:

In page 12, before section 14, to insert the following new section:14.—Section 82 of the Principal Act is amended—

(a) in subsection (5) by substituting “subject to subsection (6), any costs referred to in subsection (7)” for “such costs and expenses”, and
(b) by inserting the following subsections after subsection (5):

“(6) Any costs awarded under subsection (5) shall not exceed €1,000.
(7) In subsection (5), costs incurred by the other party includes costs or expenses—

(a) relating to travelling and attendance at any place required for the adjudication or determination of the matter concerned, and
(b) relating to the preparation of his or her case,

and, for the avoidance of doubt, such preparation costs do not include legal costs referred to in section 5(3)(a).”.”.

Amendments Nos. 30 to 33, inclusive, are related. They provide for limits to be placed on the awards of costs that may be made by the PRTB. Section 115(3) of the 2004 Act provides that the amount, other than costs or expenses of whatsoever kind that an adjudicator or tribunal may direct to be paid, shall not exceed €60,000 for arrears of rent and €20,000 in damages. While section 115(3) places a limit of €20,000 in terms of the level of damages which can be awarded, there is no limit on the amount of expenses and costs that may be awarded. This amendment provides for limits on all types of costs that can be awarded by the PRTB under the residential tenancies Act and is provided for on the basis of legal advice furnished to my Department.

The amendments place a limit of €1,000 on the costs that can be awarded under sections 82, 115, and 119 of the Principal Act. Amendment No. 55 which we will discuss later also provides for a limit of €5,000 on the amount of legal costs that may be awarded on the same basis.