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Overturning an RTB determination order

  • 13-09-2017 11:35am
    #1
    ElKavo
    Registered Users, Registered Users 2 Posts: 861 ✭✭✭


    Hi,

    Is there any way to have an RTB determination order overturned? Reading through the RTB giude to taking enforcement proceedings Page 9 it would seem that it is possible.

    "Step 16 (iv):
    If the respondent can satisfy the Court that there are good
    and substantial reasons for his/her having failed to appear at the RTB
    hearing, the Circuit Court may cancel/set aside the Determination Order
    and direct that a fresh determination of the matter be made; see Section
    125 of the Residential Tenancies Act 2004."

    If the respondent in the RTB adjudication hearing had representation there who stated the property was in good order on inspection would it be typical that the Judge would cancel / set aside the order? Or simply issue the enforcement order?

    Thanks


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    It can be appealled to the HIgh Court on a point of law only.

    Which is very very expensive.


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