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Appeals

Appealing the decision from an Adjudication or Mediation.

Adjudication

Section 100 of the Residential Tenancies Act 2004 requires that an appeal to a Tribunal shall be made within 10 working days from the date the Adjudicator’s report is served on you.

The date the adjudication report is delivered to your address is deemed to be Day 1 of the 10 day appeal period. An Appeal of the adjudicators decision must be signed, dated and either emailed, posted or hand delivered to the RTB on or within 10 working days. A Certificate of Postage, which is free, will be required in the event that the post date is unclear on the envelope in order to prove that it was posted in time.
Please note though that where an agreement is reached at adjudication the ‘cooling off’ period is 10 calendar days from the date the agreement was made and if one or either of the parties wishes to refer the case to a Tenancy Tribunal they must do so within the 10 calendar day cooling off period.

You can find the Appeal Form and further details on how to submit an Appeal here

Mediation

Where one or either of the parties who participated in the mediation process wishes to refer the case to a Tenancy Tribunal they must do so on or within 10 calendar days of the completion of the mediation. The 10 calendar days is inclusive of Sundays & Bank Holidays. If the 10th day falls on a Sunday or Bank Holiday and the form is not submitted in advance of these days then, if posted, it must be received on the next postal day available. A Certificate of Postage, which is free, will be required in the event that the post date is unclear on the envelope in order to prove that it was posted in time.

The RTB utilize An Post’s Track and Trace service to determine the date the Report was delivered to parties. The onus is on parties to ensure the appeal application, including the fee, is received by the RTB within the permitted period. Please note that the Board do not have discretion to grant a late appeal.

You can find the Appeal Form and further details on how to submit an Appeal here

Fee and Further Information

The Appeal must be made on a RTB Appeal form and must be submitted, along with an appeal fee of €100, (the Appeal fee for registered online users is €85)

The case will be referred to a Tenancy Tribunal for a hearing if the Appeal is accepted by the Board.  If you do request the referral of your dispute to a Tenancy Tribunal, please note that you will be required to attend or arrange to be represented at the Tribunal that would then be established to hear into the matter and, in this context, parties should be aware that the Tribunal has power to direct the payment of costs where it considers it appropriate to do so. 

If the adjudication is not appealed, the Determination Order will then be made under section 121 of the Act and is binding on the parties concerned.

You can find the Appeal Form and further details on how to submit an Appeal here