Written answers
Tuesday, 9 April 2024
Department of Housing, Planning, and Local Government
Rental Sector
Seán Haughey (Dublin Bay North, Fianna Fail)
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676. To ask the Minister for Housing, Planning, and Local Government if he will extend the remit of the Residential Tenancies Board in order that legal assistance can be given to users of the service to have judgements actually enforced; if he will introduce further changes to allow orders against incomes or social welfare benefits in the case of rent arrears owed; and if he will make a statement on the matter. [14895/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2022 to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
When landlords, tenants and third parties bring disputes to the RTB through mediation, adjudication or tribunal, they receive a legally binding determination order, which, if not complied with, can be enforced through the District Court via two enforcement options.
With the first option, a landlord or tenant can request legal assistance from the RTB through its Legal Assistance Programme. This is a programme whereby the RTB assists parties to enforce determination orders through a panel of solicitors, local to each District Court. Further information on the programme and how to make an application can be found at: www.rtb.ie/images/uploads/forms/Application_request_legal_assistance_enforcing_Determination_Order.pdf.
Requests for legal assistance in urgent cases are prioritised; this includes cases concerning unlawful tenancy termination, serious rent arrears, over-holding and the non-return of deposit.
The second option allows a landlord or tenant to take their own enforcement proceedings in the District Court. In order to support parties who wish to take their own enforcement proceedings, the RTB has developed a step-by-step guide to the new process in the District Court which can be downloaded at: www.rtb.ie/images/uploads/general/RTB_Guide_to_taking_Enforcement_Proceedings_A5_FINAL_VERSION.pdf.
Tenants having difficulty paying their rent should engage with their landlords but should also engage with the Money Advice and Budgeting Service (MABS) and the Department of Social Protection as income supports, such as Rent Supplement, are available to assist them. There are currently no plans to provide for the recovery of rent arrears directly from a tenant's income or social welfare benefits.
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