Residential Tenancies Act 2004
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Procedures to be followed on foot of Board's receipt of information under section 95 (6). |
96.—(1) After the receipt by it of the document or statement referred to in section 95 (6), the Board shall serve a copy of the document or statement on each of the parties, together with the following notice. | |
(2) That notice is a notice requiring the party to inform the Board— | ||
(a) if the information served on the parties indicates that there is agreement between the parties such as to resolve in whole the dispute concerned, whether that agreement still exists, | ||
(b) if the information served does not indicate that to be the case, whether there now exists such an agreement between the parties. | ||
(3) If— | ||
(a) the Board is informed by the parties that an agreement of the kind referred to in subsection (2) exists, or | ||
(b) in the case of paragraph (a) of subsection (2), one or more of the parties fails to indicate whether the agreement referred to in that paragraph still exists, | ||
the Board shall, subject to subsection (4) and (5), follow the procedures under section 121 (which concerns the making of determination orders) in relation to the agreement. | ||
(4) Those procedures shall not be followed— | ||
(a) any sooner than 21 days, nor | ||
(b) any later than 28 days, | ||
from the date of service of the notice mentioned in subsection (2) on each of the parties (or if the date of service of the notice on each of them is not the same whichever of the dates of service is the later or latest). | ||
(5) The Board shall also not follow those procedures, if one or more of the parties, having stated, in the course of being communicated with under the preceding subsections, that agreement of the kind referred to in subsection (2) exists, subsequently, (but not later than 21 days from service of the notice mentioned in subsection (2) on him or her) states to the Board that such agreement no longer exists. | ||
(6) The Board shall, at the request of either or both of the parties, refer the dispute to the Tribunal for its determination if either— | ||
(a) as a result of the steps taken under subsection (1), the Board ascertains that an agreement of the kind referred to in subsection (2) does not exist, or | ||
(b) a statement of the kind referred to in subsection (5) is made to it. |