Dáil debates

Thursday, 1 December 2022

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions

Regulatory Bodies

9:14 am

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

The RTB was established as a quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004 to 2022 to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants. A dispute may be referred to the RTB under Part 6 of the Residential Tenancies Acts 2004 to 2022. Information is available on with regard to the board's dispute resolution service. If a tenant seeks to resolve a tenancy dispute via the RTB's adjudication service, and their landlord fails to engage with the process, the independent adjudicator can proceed with a hearing and make a decision based on the evidence before him or her. If the adjudicator finds that the landlord is in breach of his or her obligations, damages may be awarded to a tenant.

Enforcement is an important function of the RTB. When landlords, tenants and third parties access the RTB dispute resolution service through mediation, adjudication or tribunal, they receive a legally binding determination order.

If an order is not complied with, there are two separate options for enforcement. First, a party can request assistance from the RTB to enforce an order at the District Court. Second, a party can take his or her own enforcement case directly to the District Court and the RTB can support the party by compiling case files and proofs for the courts.

The Department and the RTB keep the operation of the rental market and the dispute resolution provisions under the Residential Tenancies Acts 2004-2022 under constant review with a view to enhancing the service and related legal provisions, as may be necessary. I also want to point out that there is an increase of €2 million in the budget for 2023 for the RTB's service. Subsequent to 2019 an additional 41 staff have been appointed to the service to deal with the huge workload it has.

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