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.
Please note though that where an agreement is reached at adjudication the ‘cooling off’ period is 10 calendar days (this is inclusive of Saturdays, Sundays and Bank Holidays) 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. The 10 calendar days is inclusive of Sundays & Bank Holidays.
What is the time period to appeal an mediation?
If an agreement is reached between the parties through telephone 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 appeal. If neither party appeals the case to a Tenancy Tribunal, a legally binding Determination Order incorporating the agreement will be issued.
If no agreement is reached through telephone mediation, all parties have 10 calendar days from the date the telephone mediation ceases to appeal. If neither party makes an appeal, the case will then be closed
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.
Where an agreement is reached via telephone mediation and neither party appeal within the 10 calendar day ‘cooling off’ appeal period, the Board will proceed to make a Determination Order based on the agreed terms and this will be binding on the parties to the dispute.
What is the first day of a mediation or adjudication appeal period?
The RTB use An Post’s track and trace service to determine the date the report was delivered. 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 RTB do not have discretion to grant a late appeal.
Can the appeal period be extended?
The RTB Board may consider extending the above time limit and 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 Tribunal. If not approved, the parties will be informed and a Determination Order will issue based on the findings of the Adjudicator/ Mediation.