Written answers

Tuesday, 18 October 2016

Department of Housing, Planning, Community and Local Government

Private Residential Tenancies Board Enforcement

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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285. To ask the Minister for Housing, Planning, Community and Local Government the recourse, other than a court action, that is available to persons in cases where a Private Residential Tenancies Board, PRTB, ruling is ignored by the opposing side in a dispute; his views on the powers the PRTB holds to enforce rulings; and if he will make a statement on the matter. [30408/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the 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. 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. Given the demand for enforcement, it is not sustainable for the RTB to initiate proceedings on all requests. As the Board was established to take cases out of the Courts, it endeavours to secure enforcement initially by non-judicial means.

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.

Section 124 of the Residential Tenancies Act 2004 provides for the enforcement of RTB determination orders in the Circuit Court. Section 57 of the Residential Tenancies (Amendment) Act 2015 amends section 124 to provide for the enforcement of RTB determination orders through the District Court rather than the Circuit Court. This will considerably reduce the expense of enforcing a determination order and may in some cases provide for faster hearings, as there are more sittings of the District Court than the Circuit Court. Section 57 is subject to a Commencement Order which will be made in the coming months.

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