Information to parties against whom a Determination Order was made and non compliance

The Determination Order is a legally binding document and the RTB cannot change its terms. A party against whom a Determination Order was made, should contact the other party directly to arrange payments or perform actions listed in the Determination Order.

 

What are the consequences if a party does not comply?

If a party does not comply with one or more terms of a Determination Order either the RTB or the party in favour of whom the Determination Order is made may initiate civil proceedings in the Courts.

A Circuit Court Order may be obtained under Section 124 of the Residential Tenancies Act 2004 directing a party to comply with the terms of the Determination Order. If there is continued failure to comply, an Order can be obtained for attachment and committal. While such matters rest with the discretion of the Court, an application for attachment and committal may result in imprisonment. The judgement of the Court may also be registered; these judgements may then be published in the various Trade Gazettes, the reporting of which can have adverse financial consequences at a future date (including the ability to secure loan approval from lending institutions).