Xerico Ltd v The Residential Tenancies Board (Approved)

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             This is a Consultative Case Stated referred to the Court by His Honour Judge O'Connor, Judge of the Circuit Court, pursuant to s. 16 of the Courts of Justice Act 1947 for determination by the Court.

             The main steps of the statutory process under Part 7A may be summarised as follows ((a)-(m)): -

(a) A person makes a complaint in writing to the Board alleging that improper conduct by a landlord has occurred or is occurring (s.148T), or the Board may " of its own volition" cause an investigation to be carried out (s. 148U(1)). The latter was the case here. � Whether an investigation is carried out on foot of a complaint or of its own volition, in any event the Board " shall appoint an authorised officer and a decision maker ".

(c) Pursuant to s.148V, the AO must (1) give a notice in writing to the landlord of the matters to which the investigation relates; (2) give the landlord copies of any documents relevant to the investigation; and (3) afford the landlord an opportunity to respond within 21 days from the date on which the landlord received the notice or such further period not exceeding 21 days as the AO allows.