Judgment: 2023-04-28 · Court archive

High Court dismisses late appeal against RTB tenancy determination

The court ruled that the 21-day appeal period began when the determination order was issued on 16 March 2022, not when it was delivered eight days later.

High Court · [2023] IEHC 216

Who, what, where, when and why

Who
  • Valerie Enners (Appellant)
  • Residential Tenancies Board (Respondent)
  • Mark Heslin (Judge)
What

The court ruled that the 21-day appeal period began when the determination order was issued on 16 March 2022, not when it was delivered eight days later.

Where

No place detail is included in this summary.

When

Judgment:

Other dates in the report
  • 16 March 2022

    Mr Justice Mark Heslin said the period began when the RTB issued its determination order to Enners on 16 March 2022. The order was delivered to her on 24 March, but section 123 of the Residential Tenancies Act 2004 measures the period from the date the order is issued, not received.

Why

Reasons reported in the judgment

The High Court dismissed Valerie Enners’ appeal against a Residential Tenancies Board determination after finding it was lodged outside the statutory 21-day limit. The court also ruled it had no jurisdiction to extend that deadline.

The High Court dismissed Valerie Enners’ appeal against a Residential Tenancies Board determination after finding it was lodged outside the statutory 21-day limit. The court also ruled it had no jurisdiction to extend that deadline.

Mr Justice Mark Heslin said the period began when the RTB issued its determination order to Enners on 16 March 2022. The order was delivered to her on 24 March, but section 123 of the Residential Tenancies Act 2004 measures the period from the date the order is issued, not received.

The deadline expired on 5 April. Enners filed her appeal on 11 April, the judgment said. She argued that the order had been posted on 23 March and that she was entitled to 21 days from receipt. The court rejected those submissions, citing an An Post tracking record and sworn evidence from the tribunal chairperson that the letter was posted on 16 March and delivered on 24 March.

The judge said Enners had time to appeal after receiving the order but instead sought changes to the RTB’s record and a new issue date. Her emails on 4 and 5 April were sent before the deadline expired, but they did not constitute an appeal to the High Court.

The court treated the timing question as a preliminary issue. Relying on earlier decisions, Mr Justice Heslin concluded that the legislation set an absolute deadline and gave the court no power to extend it. He said the RTB had acted within its statutory powers by issuing the order on 16 March and there was no evidence it caused the postal delay.

The judgment determined the preliminary issue against Enners and dismissed the appeal in limine, without deciding the underlying tenancy dispute. The RTB was entirely successful. The judge’s preliminary view was that it should receive its costs; the parties were directed to correspond and, if they disputed the final order or costs, file short written submissions within 14 days.

Read the original court judgment

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