Cian O'Callaghan (Dublin Bay North, Social Democrats)
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165. To ask the Minister for Housing, Planning, and Local Government if he will take action to ensure that the Residential Tenancies Board has the legislative power to investigate illegal evictions; and if he will make a statement on the matter. [23448/23]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Acts 2004-2022 (RTA) regulate the landlord-tenant relationship in the private rented sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Acts to operate a national tenancy registration system and to facilitate the resolution of tenancy disputes between landlords and tenants. Under Part 6 of the RTA, a tenant may refer a dispute relating to an unlawful tenancy termination to the RTB for resolution.

The RTB takes illegal eviction, including by the cutting off of essential utility services, very seriously as it can potentially leave a tenant homeless. The RTB actively intervenes when requests for supports are received in the context of illegal evictions and its interventions are usually successful. While a request for tenant support can be in relation to access to property and return of belongings, the focus of the RTB’s intervention is sustaining the tenancy.

The RTB engages with landlords to advise on the serious consequences of illegal evictions, including the possibility of being directed to allow the tenant re-entry into the dwelling and the possibility of being required to pay substantial damages if a dispute case is referred by the tenant to the RTB for resolution.

As the RTB has replaced the courts in residential tenancy dispute resolution, it has a responsibility towards all parties to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any RTB decision is based on the facts and evidence of the case.

Where a landlord is determined under a RTB dispute resolution process to have engaged in an illegal eviction, the landlord may be directed to allow the tenant to re-enter the dwelling. Furthermore, a landlord may also be required to pay substantial damages (up to €20,000) depending on the circumstances of the case.

In the vast majority of cases, the immediate threat to eviction is abated through RTB intervention and dispute resolution cases. Where a resolution cannot be found, and a tenant has been forcibly removed from a property, the RTB may seek a court injunction under section 189 of the RTA to have the tenant reinstated until a dispute resolution case is concluded.