CURRENT LEGAL ARTICLES

Residential tenancies legislation outlines most tenants rights and responsibilities. You can read a consolidated version of the Residential Tenancies Act 2004 on the Law Reform Commission’s website. This includes all the updates to the Act. 

It is a public body that mainly manages the registration of residential landlords, Approved Housing Bodies (AHB) and landlords of Student Specific Accommodations because they keep a national register of tenancies updated. 

They also regulate the rental sector, resolve disputes between tenants and landlords through their Dispute Resolution Service, and initiate an investigation into conduct by a landlord if needed. Besides, it provides information to the public for the tenancies to run smoothly without any issues.

The Board can investigate and sanction landlords who breach rental law, especially if they have Improper Conduct (e.g., increasing the rent more than allowed). They can either submit a formal written caution and/or fined you up to €15,000 and/or they can apply costs up to €15,000.

However, this process refers to submitting concerns or complaints, not to a dispute between landlords and tenants.

Anyone can raise a concern or a complaint to the Investigations and Sanctions of the RTB. But the Board can actually seek improper conduct without needing information from the public. The complainant (or concern raiser) will not commence the investigation since it is a power exercised by the RTB.

There are 9 rental law breaches which relate to Improper Conduct. They concern rent, registration, tenancy termination, deposit, and advance rent. Those are listed here.

Depending on the issue at hand, you might resort to Mediation or Adjudication. 

Mediation is a free and voluntary process that allows both parties to discuss the problem with a Mediator in order to easily resolve the dispute. It revolves around the interests of the parties, which can be legal or not. The outcome of mediation is a binding agreement between the parties after they both submit a Mediation Position statement.

Adjudication results in a binding Determination Order issued by the parties through an adjudicator’s decision. It costs €30 to submit a paper application for adjudication, which is held, like mediation, virtually. Preparing your evidence previously is crucial since you will need it to prove your claim.

If you feel like you have been an injured party and are unhappy with the mediation or adjudication result, you have the right to appeal. This happens in front of the Tenancy Tribunal, a RTB body, before which you can give more evidence, but most importantly, you will be re-heard for your case. 

But there are fees if you want to apply at the Tribunal. It is €30 if you had a mediation beforehand and €85 if you are appealing an adjudicator’s decision.

Ensuring that your rights are heard is essential, which is why it is recommended to have a solicitor for this process.

At Dylan Green & Associates Solicitors, we offer you premium quality services concerning your property law disputes. Contact us here. And for further information about our services, see Property Law.