On receipt of a request for Determination Order enforcement, a letter is sent to the non-compliant party reminding them to make arrangements to comply.
The Board will have regard to the following criteria when making a decision whether or not to pursue enforcement on a party's behalf:
- The type of dispute
- History of compliance with landlord/tenant legislation;
- Technical strength of the case;
- What contact/steps, if any, the person seeking compliance has taken with the non-compliant party to obtain compliance of the Order;
- Existing representations made by the RTB to the non-compliant party and relevant information obtained;
- Geographical location of dwelling;
- Particular circumstances of the case;
- Value for money evaluation;
- Maximum of three cases per person per annum may be sanctioned;
- Enforcement sanctioned only on a final outcome of all matters under dispute (e.g. if a notice of termination is invalid and a new one is required to be served, then requests for enforcement of rent arrears will not be considered in isolation to a final outcome of all matters in dispute);
- If a party is as, or better, able to enforce than the RTB then they will be expected to undertake their own enforcement;
- Overall number of cases sanctioned for enforcement will be limited to available budget in any given year;
- The extent of the non-compliant party's co-operation in seeking to discharge the debt; regard will be had to whether the party has made reasonable efforts to resolve the matter;
- Any other circumstances pertaining where the RTB considers it inappropriate that the resources available should be used in a particular case.