Circulation of evidence:
Before you submit any evidence in support of your case it is important to note that any documentation submitted as evidence will be copied and given in full to both parties and the adjudicator/mediator or Tribunal panel. It is a matter for each party to delete or redact any confidential information from their evidence e.g. your bank account details, addresses, phone numbers. etc.
What happens to evidence submitted to the RTB?
The RTB scan and archive all documents submitted to us. Do not send in original copies of any documents that may be required at a later stage, as documentation is not returned. However it is important to bring original documentation to the hearing in case authentication is required.
Any evidence provided must be relevant to the dispute. If you want to have evidence in video, audio or DVD format taken into consideration, you must provide the equipment – such as a laptop computer – to show or hear that evidence. The RTB does not provide such equipment.
Deadlines for submission of evidence:
It is recommended that any evidence that you wish to include as part of your case is forwarded to the RTB as soon as possible but no later than 5 days before your hearing is due to take place. This provides time to circulate to the other party and the adjudicator/mediator. Documentation received after the 5 day deadline will be circulated but may not be considered in reaching a decision on the dipsute. It is at the discretion of the decision maker whether to accept evidence submitted late at the hearing.
- If evidence is received after this time we may not be able to circulate the documents in time for the hearing.
- If evidence is late, you should bring copies for each party to the hearing and it is then a matter for the adjudicator/mediator on the day whether or not to accept them into evidence.
How should supporting evidence and documents be submitted?
Evidence and documents can be submitted online (by logging in and uploading the documents), via email at email@example.com or by post in a single batch. All evidence must be submitted 5 days in advance of the hearing date.
How to submit evidence online:
When submitting evidence with online applications:
- Have the evidence saved to your computer before you login to your account.
- Login to your account
- Go to the case under dispute
- Scroll to the bottom of the page to the “Action” button
- Choose the upload evidence in support of the case option.
For assistance in uploading evidence, call the RTB on 0818 30 30 37.
Types of evidence to submit in support of a case:
- Signed statement by tenant confirming that they have been made aware of their rights.
- Correspondence between parties, including emails and text messages.
Notices of termination must be forwarded for all cases referred.
Notices of Rent Increase must be submitted in all cases referred in respect of Rent more than market rate.
It is important for tenants to note that rent should always continue to be paid pending the resolution of a dispute case before the RTB.
The onus is on the landlord to maintain and produce proper business records to justify the retention of a tenant’s deposit.
The following table goes into further detail of the types of evidence required for certain dispute cases:
Evidence that cannot form part of a submission:
The RTB will not accept the following submissions:
- Mediation documentation/settlement proposals. Evidence that is marked “without prejudice” cannot be accepted as part of a parties submission
- Documents unlawfully obtained
- Documents such as newspaper clippings submitted that are an attempt to cause damage to the good name of a party that are not necessarily relevant to the dispute
Where documentation is being submitted that is from a person that is not a party to the dispute, the consent of that party for the circulation of the document must be obtained in advance of submission to the RTB and the consent should be provided with the document in question.