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

I move amendment No. 39:

In page 19, before section 43, but in Part 4, to insert the following new section:45.—The Principal Act is amended by inserting the following section after section 76:

76A.—(1) This section applies where a matter has been referred to the Board for resolution (the ‘original dispute’) and pending the determination of that dispute a tenant referred to in section 86(1)(a)(i), or a sub-tenant referred to in section 86(1)(a)(ii), has failed to comply with section 86(1)(a).
(2) A landlord may, on notice to the tenant, and the sub-tenant in the case of a sub-tenancy, refer to the Board for resolution a complaint that the tenant referred to in section 86(1)(a)(i), or a sub-tenant referred to in section 86(1)(a)(ii), has failed to comply with section 86(1)(a).
(3) A complaint under this section shall not be the subject of mediation under section 93.
(4) The Board shall as soon as practicable arrange for a complaint under subsection (2) to be the subject of an adjudication under section 97 by an adjudicator designated to hear and determine a complaint under this section.
(5) The adjudicator, or as the case may be the Tribunal on appeal, shall proceed to hear and determine, in accordance with this Part, the complaint that the tenant, or as the case may be the sub-tenant, has failed to comply with section 86(1)(a) and shall make all necessary findings and determinations for that purpose.
(6) Where an adjudicator on the hearing of a complaint under this section, or the Tribunal on appeal, is satisfied that there has been a failure to comply with section 86(1)(a) the adjudicator or Tribunal may—

(a) make a determination that there has been a failure to comply with section 86(1)(a),
(b) make a determination comprising a direction that the tenant or the sub-tenant shall pay to the landlord the amount of rent due and owing on or before a specified day which shall be not later than 14 days from the date on which the determination is made, and
(c) adjourn the matter for such period as is appropriate for the purpose of confirming that the amount of rent referred to in paragraph (b) has been paid by the specified date.

(7) Where at the end of the period of adjournment referred to in subsection (6)(c), the tenant or sub-tenant fails to comply with the determination referred to in subsection (6)(b), the adjudicator or the Tribunal may—

(a) make a determination that there has been a failure to comply with the direction under subsection (6)(b), and
(b) notwithstanding section 86(1)(c), make a determination that the tenancy stands terminated and direct that the dwelling the subject of the tenancy be quitted by a specified date.

(8) Where the dwelling the subject of the tenancy terminated under subsection (7) is one out of which a sub-tenancy has been created, a determination under subsection (7)(b) may include a determination that the sub-tenancy stands terminated and a direction that the dwelling concerned be quitted by a specified date.
(9) Subject to subsection (10), the original dispute may proceed to be determined in accordance with the provisions of this Act.
(10) Any relevant findings or determinations made in hearing or determination of a complaint under this section shall apply, as appropriate, to the original dispute.
(11) For the purposes of the determination of the original dispute, a copy of a determination made under this section shall be provided to—

(a) the adjudicator determining the original dispute, and
(b) in the case of an appeal against the determination of the original dispute, the Tribunal.

(12) Section 119 shall not apply to the determination of a complaint under this section.
(13) An amount of rent directed to be paid under this section shall count in the calculation of an amount of rent for the purposes of section 115(3).”.”.