Oireachtas Joint and Select Committees

Tuesday, 20 September 2022

Joint Oireachtas Committee on Housing, Planning and Local Government

Private Rental Sector: Discussion

Mr. Patrick Davitt:

This is a very good question that we have discussed on many occasions. One practical thing would be that when the RTB makes a determination order at the end of the relevant period, when the landlord gets his or her hands on it, that he or she should be able to go to a court clerk and a judge should be able to stamp that order for the landlord before the matter goes to a hearing. This order has been made by one body legally, when the entire process has been undergone. Now we are in a position where the landlord has to go to court and to the judge. The judge may extend the period further because he or she may well take pity on the tenant. That is fair enough because, as Deputy Ó Broin stated, we are talking about families and all that that involves. Everybody respects that. Ultimately, however, the determination order is made and it should be proceeded with. We find that in some areas, when the determination is given a legal standing by the judge, that the sheriffs are not picking up the tab and taking the people out of the properties. We also find that the sheriffs in different areas are being asked to intervene by landlords. They are being asked to come from Dublin or elsewhere to Meath, Kildare or wherever in order that an order might be given to those them. This is because a landlord will know that these sheriffs will execute the order on their behalf. That is a problem, and this can be done.


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