What is the time period to appeal an adjudication?
An appeal must 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 i.e. 10 working days from the date you receive the Adjudicator’s Report through your letterbox. An appeal 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.
What is the time period to appeal a mediation?
If an agreement is reached between the parties through mediation all who participated in the mediation process have 10 calendar days from the date the agreement was reached to withdraw from the agreement and submit an appeal application to refer the case to a Tenancy Tribunal. If neither party applies for an appeal referral to a Tenancy Tribunal, a legally binding Determination Order incorporating the Mediation agreement will be issued.
If no agreement is reached through mediation, all parties have 10 calendar days from the date the mediation ceases to submit an appeal application to refer the case to a Tenancy Tribunal. If neither party makes an appeal referral, the case will then be closed in these circumstances
The 10 calendar days is inclusive of Saturdays, Sundays and 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.
What is the first day of an adjudication appeal period?
The RTB use An Post’s track and trace service to determine the date the report was delivered. An Post records confirm the date the Adjudication report has been delivered to the RTB. The appeal period is counted from this date. The date the report is recorded as delivered by An Post is Day 1 of the 10 working day appeal period.
The onus is on parties to ensure the appeal application, including the fee, is received by the RTB within the permitted period.
Can the appeal period be extended?
The RTB Board may consider extending the appeal time limit in exceptional circumstances. If a party wished to seek an extension, they must make an application to the RTB showing “good grounds” as to why the appeal time limit should be extended. Any supporting documentation that the person considers relevant to show their ‘Good Grounds’ should be submitted as well as the appeal fee. All good grounds submissions are put to the Board for consideration. If approved, the appeal application will be granted, and the case will proceed to Tenancy Tribunal. If not approved, the parties will be informed, and a dispute case, whether Mediation or Adjudication, will proceed to conclusion.