Written answers

Tuesday, 9 July 2013

Department of Environment, Community and Local Government

Private Residential Tenancies Board Enforcement

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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377. To ask the Minister for Environment, Community and Local Government the recourse available to landlords who are unhappy with a ruling by the Private Residential Tenancies Board; and if he will make a statement on the matter. [33123/13]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The Residential Tenancies Act 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the sector.

The PRTB replaces the Courts for the vast majority of landlord and tenant disputes. For a fee of €25, parties to a dispute can apply to the PRTB for adjudication or mediation services. If either of the parties to the dispute is unhappy with the decision of an adjudicator, they can appeal that decision to the tenancy Tribunal within 21 days of the date of receiving the decision. Tribunals are heard by a panel of three members of the Dispute Resolution Committee of the PRTB. An adjudication decision that is not appealed to the Tribunal within 21 days will become a binding Determination Order of the PRTB. In instances of non-compliance parties can request enforcement of this Order through the Courts.

Section 123 of the Residential Tenancies Act provides that a determination of the Tribunal may be appealed to the High Court on a point of law and that the decision of the High Court on that appeal is final and conclusive.

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