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The High Court, on appeal from the Circuit Court, has allowed an extension of time for a tenant to file an appeal against the enforcement of a Residential Tenancies Tribunal decision, which determined that a notice of termination had been validly served. The High Court found that the tenant had not been afforded procedural fairness during the Tribunal proceedings, as he was not given the opportunity to cross-examine the landlord who claimed to have served the notice. This procedural oversight led to the High Court's decision to remit the case back to the Circuit Court for a full appeal, overturning the original Circuit Court's refusal to grant an extension for the appeal.
Residential Tenancies Tribunal, notice of termination, procedural fairness, cross-examination, eviction, High Court, Circuit Court, extension of time, appeal, tenant, landlord, service of notice, District Court, enforcement order, bona fide intention, arguable ground of appeal, Eire Continental Trading Co. Ltd. v. Clonmel Foods Ltd, Senior Money Mortgages (Ireland) DAC v. Gately and McGovern, Residential Tenancies Act 2004, procedural requirements, constitutional justice.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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