S.I. No. 222/1983:

HOUSING (RENT TRIBUNAL) REGULATIONS, 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.

(3) Each division of the Tribunal shall, subject to sub-article (5), consist of the Chairman or a vice-chairman of the Tribunal, who shall act as chairman thereof, and two other members of the Tribunal.

(4) Where a member of a division of the Tribunal is unable or fails to serve, the Chairman of the Tribunal, or other person authorised by him in that behalf, may assign another Tribunal member to serve in his place.

(5) A division of the Tribunal may determine an application notwithstanding the absence of one of its members provided that the Chairman or a vice-chairman of the Tribunal is present to act as Chairman of the division.

(6) In determining the membership of a division of the Tribunal under sub-article (2), the Chairman of the Tribunal, or other person authorised by him, shall, in so far as it is practicable, appoint as a member of the division a person who has knowledge of, or experience in, the valuation of property.

(7) Nothing in these Regulations shall be construed as preventing a member of the Tribunal from acting in more than one division of the Tribunal.

7. (1) For the purpose of determining an application under section 5 of the Act the Tribunal may:--

( a ) require the applicant to furnish to the Tribunal information relating to the application and to furnish evidence to verify any particulars or information given by him;

( b ) where a person neglects or refuses to give to the Tribunal any information or evidence referred to in paragraph (a) within such period as may be specified by the Tribunal, determine the application without such information or evidence;

( c ) where the Tribunal is of the opinion that the determination of the application is being unnecessarily delayed by one or both of the parties to the application, either determine the application on the basis of the information before it or regard the application as having been abandoned.

(2) Where an application is regarded as having been abandoned under this article the Tribunal shall notify both parties to the application accordingly.

(3) Where a written submission is made to the Tribunal in relation to an application, the Tribunal shall send to the other party a copy of any such written submission which, in the opinion of the Tribunal, is of significance in relation to the determination of the application.

(4) Where the Tribunal employs a consultant to prepare a report for the purpose of assisting it in determining an application a copy of any such report shall, at least seven days before the date of the determination, be sent to both parties.

8. (1) A party to an application may, subject to sub-article (2), request an oral hearing of an application and any such request shall be made in writing to the Tribunal.

(2) A request to the Tribunal under sub-article (1) shall be made--

( a ) in the case of the applicant, at the time of making application to the Tribunal or

( b ) in the case of the respondent, not later than fourteen days from the date of notice to him of receipt of the application under article 5.

(3) Where a request for an oral hearing is made under sub-article (1), the Tribunal shall hold an oral hearing in relation to the application.

(4) Where neither of the parties to an application requests the holding of an oral hearing, the application shall be determined without an oral hearing unless the Tribunal considers that it is necessary to hold an oral hearing for the purposes of determining the application.

9. (1) The Tribunal shall give each party to an application not less than fourteen days notice of the time and place of an oral hearing or such shorter notice as may be accepted by both parties.

(2) The Tribunal may, at any time, alter the time and place of the hearing and in such event the Tribunal shall give each party not less than seven days notice of the new time and place or such shorter notice as may be accepted by both parties.

10. (1) Subject to the provisions of this article, the Tribunal shall have discretion as to the conduct of an oral hearing and in particular shall:--

( a ) conduct the hearing without undue formality,

( b ) permit any party to appear in person or to be represented by another person, and

( c ) hear, if they think fit, any person who is not a party to the application.

(2) A party to an application may:--

( a ) make an opening statement to the Tribunal,

( b ) call witnesses,

( c ) question any witnesses called by the other party,

( d ) give evidence on his own behalf, and

( e ) address the Tribunal at the close of evidence.

(3) The Tribunal may take account of any written submissions made to the Tribunal prior to an oral hearing and may admit any written statement as prima facie evidence of any fact whenever it thinks it just and proper so to do.

(4) The Tribunal may adjourn an oral hearing from time to time.

(5) Where, after notice of a hearing has been duly given, a party to an application fails to appear at the hearing, the Tribunal may determine the application or may adjourn the hearing.

11. (1) Where it is the intention of a party to an oral hearing to have legal representation at the hearing, he shall give not less than seven days notice of such intention to the other party and to the Tribunal.

(2) A party to whom a notification under sub-article (1) is given may arrange to have legal representation at the oral hearing without prior notification to the other party.

(3) A party, other than a party to whom notification was given under sub-article (1), shall not be entitled to have legal representation attend on his behalf at an oral hearing unless the Tribunal is satisfied that he has complied with the requirements of sub-article (1).

12. (1) Subject to sub-article (2), where the person requesting the oral hearing is the landlord, the Tribunal shall order the landlord to pay the tenant's costs and expenses reasonably and necessarily incurred arising out of the hearing other than the costs and expenses of legal representation at the hearing unless the Tribunal, on consideration of all the circumstances, including the means of the landlord and the tenant, otherwise orders.

(2) Where the landlord, being the party requesting the oral hearing, gives notice to the tenant in accordance with article 11 (1), the Tribunal shall award to the tenant the costs and expenses of legal representation at the hearing reasonably and necessarily incurred by him.

(3) Subject to the foregoing provisions of this article, where an oral hearing is held, the Tribunal shall have discretion to award to either party to the application costs and expenses reasonably and necessarily incurred and arising out of the hearing.

(4) The Tribunal shall determine the amount of the costs and expenses to be paid under this article and the amount so determined shall be recoverable as a simple contract debt.

13. (1) The Tribunal shall keep in such form as may be approved by the Minister all proper and usual accounts of all monies received or expended by it.

(2) Accounts kept in pursuance of this article shall be submitted by the Tribunal to the Comptroller and Auditor General for audit at such times as the Minister shall direct and, when audited by him, shall, together with the report of the Comptroller and Auditor General thereon, be presented to the Minister who shall cause copies to be laid before each House of the Oireachtas.

(3) The financial year of the Tribunal shall be the period of twelve months ending on the 31st December in any year and for the purposes of this provision the period commencing on the date of the coming into effect of these regulations and ending on the 31st December, 1984 shall be deemed to be a financial year.

14. (1) The Tribunal shall, not later than the 30th day of September in each year, make a report to the Minister of its proceedings during the preceding year and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

(2) The Tribunal shall supply the Minister with such information relating to the performance of its functions as he shall from time to time request.

(3) Members and staff of the Tribunal shall not communicate any information relating to the work of the Tribunal, to any person other than the Minister or a person authorised by him to receive such information, unless they are duly authorised to do so or do so in the course of and in accordance with their duties as members of the Tribunal or their employment by the Tribunal.

15. The Tribunal may from time to time engage such consultants as it may consider necessary for the discharge of its functions and any fees due to a consultant pursuant to this article shall be paid by the Tribunal out of monies at its disposal.

GIVEN under the Official Seal of the Minister for the Environment

this 28th day of July, 1983

DICK SPRING,

Minister for the Environment.

The Minister for the Public Service hereby consents to article 4 of the Housing (Rent Tribunal) Regulations, 1983.

GIVEN under the Official Seal of the Minister for the Public Service this

28th day of July, 1983.

JOHN BOLAND,

Minister for the Public Service.

EXPLANATORY NOTE.

The Regulations provide for the terms and conditions of appointment and tenure of office of members of the Rent Tribunal, for the manner in which it will operate and for the procedures for making applications to the Tribunal to determine the terms of tenancy of dwellings which were formerly controlled under the Rent Restrictions Acts.