Housing (Rent Tribunal) Regulations, 1983

• Jurisdiction: Ireland
• Citation: IR SI 222/1983

S.I. No. 222 of 1983.

HOUSING (RENT TRIBUNAL) REGULATIONS, 1983.

CONTENTS

1. Citation.

2. Commencement.

3. Interpretation.

4. Appointment of Tribunal members.

5. Applications to Tribunal.

6. Tribunal to operate by divisions.

7. Processing of applications.

8. Request for oral hearing.

9. Notice of oral hearing.

10. Conduct of oral hearing.

11. Legal representation at oral hearing.

12. Costs and expenses.

13. Determination of applications by the Tribunal.

14. Accounts.

15. Annual Report.

16. Consultants.

S.I. No. 222 of 1983.

HOUSING (RENT TRIBUNAL) REGULATIONS, 1983.

The Minister for the Environment, in exercise of the powers conferred on him by section 15 of the Housing (Private Rented Dwellings) (Amendment) Act, 1983 (No. 22 of 1983), hereby makes the following Regulations:— 1. These Regulations may be cited as the Housing (Rent Tribunal) Regulations, 1983. 2. These Regulations shall come into operation on the 2nd day of August, 1983. 3. (1) In these Regulations:—

"the Act" means the Housing (Private Rented Dwellings) (Amendment) Act, 1983 ;

"the Tribunal" means the Rent Tribunal established under section 2 of the Act;

"the Minister" means the Minister for the Environment.

(2) For the purposes of these Regulations, where the applicant is the landlord of the dwelling, the respondent shall be taken to mean the tenant of the dwelling and, where the applicant is the tenant of the dwelling, the respondent shall be taken to mean the landlord of the dwelling, and the applicant and the respondent shall jointly be known as the parties to the application.

(3) In these Regulations, any reference to an article which is not otherwise identified is a reference to an article of these Regulations.

(4) In these Regulations, any reference to a sub-article or paragraph which is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs. 4. (1) The period of office of a member of the Tribunal shall be such period, not exceeding three years, as shall be specified by the Minister when appointing him and he shall hold office for that period unless he sooner dies, resigns by letter addressed to the Minister or is removed from office by the Minister.

(2) The Minister may remove from office a member of the Tribunal who has become incapable through ill-health of effectively performing his duties, or who has committed stated misbehaviour, or whose removal appears to the Minister to be necessary for the effective performance by the Tribunal of its functions, and in case a member of the Tribunal is removed from office under this sub-article, the Minister shall cause to be laid before each House of the Oireachtas a statement in writing of the reasons for the removal.

(3) Members of the Tribunal shall be appointed on a part-time basis under such terms and conditions of appointment as shall be specified by the Minister with the consent of the Minister for the Public Service.

(4) A member of the Tribunal shall be paid a daily fee for attending at meetings of the Tribunal, allowances and expenses of such amounts as may be determined from time to time by the Minister with the consent of the Minister for the Public Service. 5. (1) An application to the Tribunal under section 5 of the Act shall be in writing on an application form which shall be provided free of charge by the Tribunal on request.

(2) Upon receipt of an application under section 5 of the Act the Tribunal shall:—

( a ) send to the applicant an acknowledgement of the receipt of the application and

( b ) notify the respondent of the application, send a copy of the application to him and indicate if a request for an oral hearing has been made.

(3) The Tribunal may consider and determine an application made to it, notwithstanding the failure or neglect of any person to comply with one or more of the requirements of these Regulations or to take part, in the proceedings.

(4) An applicant may withdraw an application by giving notice of withdrawal to the Tribunal and to the respondent and where notice of the time of an oral hearing has been given under article 9 (1) the notice of withdrawal shall be given not later than seven days before the date of the hearing. 6. (1) The Tribunal, in determining applications under section 5 of the Act, shall operate by divisions of the Tribunal and, accordingly, reference in these Regulations to the Tribunal in the context of the determination of particular applications (including the holding of oral hearings of such applications) shall be construed as reference to the division of the Tribunal dealing with the particular application.

(2) The Chairman of the Tribunal, or other person authorised by him in that behalf, shall determine the membership of the divisions of the Tribunal and assign particular applications to divisions for determination.

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