Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I agree. In terms of the effectiveness of these questions, it would be useful to have the question directed at the particular Department. We will give a response in terms of the responsibilities and the role of the Residential Tenancies Board, RTB, but I acknowledge the fact that this is a question that is better directed at the Department of Justice.

The RTB was established as an independent statutory body under the Residential Tenancies Act of 2004 to operate a national tenancy registration system and facilitate the resolution of disputes between landlords and tenants. The RTB takes the matter of illegal eviction very seriously because such evictions can potentially leave tenants homeless. The RTB actively intervenes when requests for supports are received in the context of illegal evictions and its interventions are usually successful. While a request for tenant support can be in respect of access to property and return of belongings the focus of the RTB's intervention is on the maintenance of the tenancy. The RTB engages with landlords to advise on the serious consequences of illegal evictions, including the possibility of being directed to allow the tenant re-entry into the dwelling and the possibility of being required to pay substantial damages if a dispute case is referred by the tenant to the RTB for resolution.

As the RTB has replaced the courts in residential tenancy dispute resolution it has a responsibility towards all parties to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any RTB decision is based on the facts and evidence in the case. Where a landlord is determined, under an RTB dispute resolution process, to have engaged in an illegal eviction the landlord may be directed to allow the tenant to re-enter the dwelling. Furthermore, a landlord may also be required to pay substantial damages of up to €20,000, depending on the circumstances of the case.

In the vast majority of cases, the immediate threat of eviction is abated through RTB intervention and dispute resolution cases. Where a resolution cannot be found and a tenant has been forcibly removed from a property, the RTB may seek a court injunction under section 189 of the Residential Tenancies Acts to have a tenant reinstated until a dispute resolution case is concluded.

The Residential Tenancies (Amendment) Act 2019 provides the RTB with enhanced powers of investigation and sanction regarding improper conduct by a landlord. A sanction of up to €30,000 may be imposed on a landlord, if warranted. Significantly, investigations can now be triggered by the RTB in its own right rather than depending on a complaint or a referral for dispute resolution from the tenant.

The programme for Government contains a commitment in respect of improving the security of tenure for tenants through increased RTB investigation and enforcement activity, and appropriate resources are available for this function. The RTB is examining the issue of illegal evictions and will be submitting a report to me this quarter. Any further action that is warranted will be progressed. The various acts relating to residential tenancy are kept under constant review and any necessary legislative refinement in this area will be achieved. I hope that goes in some way towards responding to the Deputy's question. It certainly outlines a case for the RTB to have a strong role, although I recognise the question is more about the role of the Garda in addressing illegal evictions.

See this speech in context