O'Driscoll & Anor v Residential Tenancies Board (Approved)

Factual and Procedural Background

The Appellants initiated an appeal against a determination made by the Residential Tenancies Board ("RTB") relating to a tenancy dispute with their landlord. The Tenancy Tribunal convened on 2 May 2024 and issued a determination on 22 May 2024. The RTB formally made a Determination Order on 29 May 2024, which was posted to the Appellants on 13 June 2024 and received by them on 14 June 2024. The Appellants sought to appeal this Determination Order to the High Court on a point of law by filing an originating notice of motion and a grounding affidavit. The documents were dated 3 July 2024, but were officially filed by the High Court Central Office on 4 July 2024. The RTB contended that the appeal was out of time, as the statutory 21-day period for filing an appeal commenced on the date the Determination Order was posted (13 June 2024) and expired on 3 July 2024. The Appellants argued that time should run from the date of receipt rather than posting, and that their appeal was filed within the statutory period.

Legal Issues Presented

1. When does the time period commence for the purposes of an appeal against a determination of the Residential Tenancies Board under section 123(3) of the Residential Tenancies Act 2004?
2. What action by an appellant constitutes the commencement of an appeal?

Arguments of the Parties

Respondent's Arguments

• The appeal period begins on the date the Determination Order is posted to the parties (13 June 2024).
• The 21-day statutory period expired on 3 July 2024.
• The Appellants filed their appeal on 4 July 2024, one day outside the permitted period, rendering the appeal out of time.

Appellants' Arguments

• The appeal period should commence on the date the Determination Order is received, not posted.
• All parties must be notified of the Determination Order for the period to commence.
• The appeal was effectively issued on 3 July 2024, within the statutory period.

Table of Precedents Cited

Court's Reasoning and Analysis

The court analyzed the statutory language of section 123(8) of the Residential Tenancies Act 2004, which defines the "relevant period" for appeal as 21 days beginning on the date the determination order is "issued to the parties." The court distinguished this phrase from "received by," relying on precedent to hold that issuance refers to the date the order is sent or posted, not when it is physically received by the parties. The court considered the possibility that the order might be issued to different parties on different dates and concluded that the relevant period should be calculated from the latest date of issuance to any party.

In this case, it was confirmed by affidavit that the Determination Order was posted to all parties, including the landlord and the Appellants, on the same date, 13 June 2024. Therefore, the 21-day appeal period commenced on that date and expired on 3 July 2024.

The court further addressed the question of when an appeal is "made" or "issued" for purposes of stopping the running of the appeal period. It held that the appeal is made on the date the Notice of Motion is formally filed with the High Court Central Office, not the date it is dated, sworn, or stamped for stamp duty. Since the Appellants' motion was filed on 4 July 2024, one day after the expiry of the statutory period, the appeal was out of time.

The court emphasized that the statutory time limit is absolute and non-extendable, consistent with prior case law and legislative intent, even if this outcome appears harsh to unrepresented parties. The appeal under section 123(3) is confined to points of law and requires certainty as to the binding effect of determination orders.

Holding and Implications

The court held that the appeal brought by the Appellants was issued outside the 21-day relevant period prescribed by section 123(8) of the Residential Tenancies Act 2004, as the appeal was filed on 4 July 2024, one day after the period expired on 3 July 2024.

As a consequence, the appeal must fail for being out of time. The court has no jurisdiction to extend the statutory time limit. The decision confirms the absolute nature of the appeal period under the 2004 Act and clarifies that the relevant period runs from the date the determination order is posted to all parties. The ruling underscores the procedural importance of timely filing and provides guidance for future cases regarding simultaneous issuance of determination orders to all parties. No new precedent was established beyond the clarification of these procedural points.