The Enforcement Section commences the enforcement process by writing to the non-compliant party and informing them that a request for enforcement has been received, the process for enforcing an Order and the possible consequences of non-compliance. This is a 7-14 day warning letter (depending on the urgency of the request) and if compliance is not secured as a result of this communication with the non-compliant party, a submission is made to the RTB Board for a decision on whether or not the case is suitable for enforcement. Enforcement under the Residential Tenancies Act 2004 is discretionary and any decision made by the Board is final.
In circumstances where a case is approved by the Board for enforcement, the file is then passed to the solicitors acting on behalf of the RTB and a court date is sought.
It will be a number of months following receipt of the request before the RTB are in a position to commence the enforcement process. Priority is given to over-holding, illegal eviction and cases of serious anti-social behaviour; and even in such circumstances the process may be lengthy – The RTB is not in a position to influence the Court’s schedule.