Written answers

Thursday, 7 May 2015

Department of Environment, Community and Local Government

Private Residential Tenancies Board

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry South, Independent)
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203. To ask the Minister for Environment, Community and Local Government his views on a matter (details supplied) regarding the Private Residential Tenancies Board; and if he will make a statement on the matter. [17986/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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The Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector.

According to the PRTB Annual Report for 2013, adjudication processing times were an average of 7 months in 2013 compared to 12 months in 2012. For 2014, I understand adjudications were taking an average of 5 to 6 months to process. Late 2013 also saw the introduction of a pilot telephone mediation service as an alternative means to address disputes. Processing times for mediation cases are typically 10 to 12 weeks.

The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination order. Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. The order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case.

A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts. Under the Act, enforcement of PRTB orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. However, while there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders seriously. During 2013, it referred 394 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.

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