Michael Healy-Rae (Kerry, Independent)
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111. To ask the Minister for Environment, Community and Local Government the status of a query by a person (details supplied) regarding the effectiveness of the Private Residential Tenancies Board, in regard to determination orders; and if he will make a statement on the matter. [18841/16]

Simon Coveney (Cork South Central, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

The RTB, 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 RTB 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 RTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the RTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2015 alone it referred 312 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 RTB facilitates, is for the parties to agree a schedule of payments.

Details on the number of dispute applications and enforcement requests received by the RTB are available in the RTB Annual Reports at .