A landlord owes to each party who could be affect (e.g. by antisocial behaviour) a duty to enforce the responsibilities of the tenant under the tenancy. In cases where a landlord fails to enforce a tenant’s responsibilites, a directly and adversely affected individual may take a case against the landlord through the Residential Tenancies Board (RTB).
All parties involved should initially try to resolve the matter directly themselves.
Application for RTB dispute resolution services
If the initial attempt to satisfactorily resolve the matter directly with the relevant parties to the tenancy fails, the affected individual may make an application for dispute resolution to the RTB. This application can only be made by the affected individual, or a residents committee. The applicant should enclose relevant documentary evidence in support of their case e.g. log of events, photographs, witness statements or Garda reports (where applicable). The applicant must also submit evidence that they informed the relevant parties to the tenancy of the alleged breach of the tenants’ obligations.
The Dispute application form (including the applicant’s name but not address) and all supporting documentary evidence will be copied in full to the landlord and tenant(s), who will also be invited to attend the Dispute Resolution Hearing which can be through adjudication or mediation. The RTB adjudicator or mediator can only consider documentation circulated to all parties. The applicant may send a representative to the RTB hearing in their place, or alternatively submit a written statement in their absence for circulation to the parties at the hearing, so long as the RTB is notified sufficiently in advance.
RTB adjudication proceedings and the subsequent adjudicator’s report are confidential to the parties. However, the subsequent Determination Order in the case will be published on the RTB’s website and will list the names of the case parties and the rental property address.
Outcome of dispute hearing
At the hearing, all parties will be given the opportunity to set out their side of the case using documentary evidence already circulated, if necessary. If an agreement is not reached at the RTB dispute hearing, the adjudicator will make a determination in relation to the case, which will be sent to all parties, as part of the adjudicator’s report after the hearing. If the adjudicator’s report is not appealed to a RTB Tribunal, the Board of the RTB will make a Determination Order, which is legally binding and can be enforced in the courts.
Appeal of dispute hearing
The Third Party applicant or the landlord may appeal an adjudicator’s report within 10 working days of the adjudicator’s report issuing to the parties or calendar days from the date of a mediation agreement being reached.
An appeal will be considered by a three person RTB Tribunal hearing and its proceeding are open to the public. Tribunal reports are published on the RTB’s website. The Tribunal’s report will form the basis of a Determination Order, which will subsequently be made by the Board of the RTB.