Disputes & Remedies
Board Power to Refuse Dispute
The Board charges a fee for handling disputes. This is a precondition to dealing with the dispute.
The Board will not deal with a dispute referred by the landlord if the tenancy has not been registered under the legislation. The matter may not proceed unless the landlord rectifies the matter within a reasonable time.
If the Board is of the opinion that any dispute referred
- is statute-barred, if before the courts
- is frivolous and vexatious
- concerns a dwelling to which the legislation does not apply or
- does not fall within the Boards jurisdiction,
the Board serves a notice on the party referring the dispute, stating its opinion and allowing the party the opportunity to make submissions that the opinion is incorrect. Unless the Board is persuaded to change its opinions, it will decline to deal with the matter.
If the Board does change its opinion, it will advise the other party in writing or furnish to the other party, a copy of the submissions made by the referring party or a summary of them. Either party may appeal the finding to the Circuit Court.
If the adjudicator or Tribunal forms a view that one of the grounds by which the Board may decline jurisdiction applies, he shall not deal with the dispute. If the Board has already formed that opinion in the relation to the dispute and submissions have been made and it is subsequently decided that the initial opinion is not well-founded or the Circuit Court reverses the matter, the adjudicator or Tribunal must hear the dispute.
Time Periods
A dispute in relation to rent, in respect of a tenancy that has already been terminated must be referred to the Board within 28 days of termination.
Disputes in relation to the validity of termination notices must be referred within 28 days after receipt. The Board may on application extend the time. It does not do so unless the applicant shows good grounds why it should be extended. The grant or refusal of an extension of time may be referred to appeal to the Circuit Court.
The time limits include periods within which conditions precedent required for referral must be met.
Ongoing Matters
Where the matter is referred to the Board, rent is to continue to be paid unless there is an agreement to suspend it. If the dispute concerns the rent, the rent cannot be increased without agreement.
The tenancy cannot be terminated unless the notice of termination is served prior to the referral or if served afterwards, the notice required the tenants to terminate the tenancy was 28 days or less and has been given. These exceptions do not apply where the dispute relates to the validity of the notice of termination or the right of the party to serve it. In that case, the tenancy may not be terminated prior to the adjudication of the dispute.
Remedial action taken by parties after notice of termination is not to be taken into account for the purpose of whether there is or has not been a breach of the tenancy.
Alternative Remedies
An arbitration dispute does not preclude the RTB’s jurisdiction unless it is entered after the dispute has arisen.
If a party has an alternative remedy, of which he takes steps to avail, the dispute may not be referred. If the party who is entitled to avail of and elect for an alternative remedy did not refer the dispute, the Board (the Tribunal or adjudicator) may take account of the existence of the alternative remedy to the extent it thinks just in determining what if any relief should be granted.
Proceedings
The Board may make rules with the consent of the Minister for the Environment in relation to procedures to be adopted by the mediators, adjudicators and the Tribunal.
A title may not be challenged in a dispute. The dwelling house concerned may be inspected even if occupied by a third party. At least 24 hours’ notice must be given in that case to the occupier. It is an offence to obstruct a lawfully authorised inspection.
Proceedings before the Tribunal are in public. In certain cases, the identity of parties may be ordered not to be disclosed.
Remedies
A declaration by an adjudicator or the Tribunal may be made for the purpose of giving relief. Orders may include
- a direction that rent or other charges be paid;
- declaring whether rent complies with the market rent requirement
- a direction as to return or repayment of the deposit;
- declaration regarding validity of the notice to terminate;
- a direction that a dwelling be vacated by a particular date;
- a direction that a lease or tenancy is void;
- declaration in relation to a right to return to a dwelling.
- a direction that cost or damages be paid (Legal and professional or technical witness costs are not generally available without an order of the Tribunal specifically).
- directions in relation to interim relief
- If the special circumstances require, a direction that the whole or part of the costs or expenses incurred by the adjudicator or tribunal should be paid by one or more of the parties.
Interim Direction
An adjudicator or the Tribunal, in dealing with a dispute, may give such directions as he or she or it thinks appropriate for the purpose of providing relief of an interim nature to one, or more than one as appropriate, of the parties.
Such a direction shall indicate that the relief it provides for may not necessarily be the relief provided for by the final determination made in the matter.
As soon as such a direction is given, the adjudicator or the Tribunal shall reduce it to writing and forward it immediately to the Board.
Damages in Lieu of Possession
Where the Tribunal or adjudicator determines that a person is entitled to resume possession of a dwelling but this would cause hardship or injustice to another person in possession (who so not a party), he may instead of directing possession make a determination that the applicant was wrongfully deprived of possession, together with direction that the landlord pay a number of damages.
The person in possession may make submissions. In deciding whether a direction of possession would cause hardship or injustice to the person in possession, the Tribunal is to have regard to the length of time the person has been there, any involvement he or she may have had with the first party becoming dispossessed and any knowledge regarding the existence of the dispute.
Awards
The maximum award that can be made is €20,000 for damages only.
In relation to arrears of rent and other charges, the maximum is €20,000 or an amount equal to twice the annual rent whichever is higher, subject to an overall maximum of €60,000.
A determination regarding the amount of rent to be paid may contain a requirement that the amount be decreased by debts owing for improvements or sums due in compensation. The sum may be increased by costs incurred by the landlord in pursuit of arrears and damages and costs in undertaking repairs which are the tenant’s responsibility. The method of calculation is to be indicated.
A determination order is the written record of an RTB decision. The Board had the power to draft and issue the determination order, affixed with the seal of the Board. The drafting and issue of orders are carried out by the Director or a member of his staff.
Courts
Proceedings may not be brought before the courts unless the amount of damages is more than €20,000 or arrears of rent or charges exceed either €60,000 or twice the rent if this is a greater sum than €60,000.
In cases where parties would be entitled to interim or interlocutory relief, the Board on being requested by a party may apply to the Circuit Court for such relief. It will have regard to the strengths and weaknesses of the case as they appear and the amounts of damages potentially payable on foot of an undertaking to pay damages.
If the party requesting the Board to seek relief undertakes to meet the damages, the RTB is not to be dissuaded from making the application if that person has manifestly has the means to comply with the undertaking.
Determination Order
A determination order may arise from the agreement, an adjudication or an order of the Tribunal. The determination order is issued to the parties. The Board may amend the order to remove ambiguities or clarify the terms if it considers it to be for the benefit of the parties.
If the Board as of the view that the determination is not consistent with previous determinations of disputes by the tribunal, it make give members of the Tribunal the opportunity to make submissions and after consulting the parties may, either if the parties consent or if the Board having considered the representations deem it appropriate, direct the Tribunal to rehear the matter and make a fresh determination. A dispute is deemed similar to another if the issues involved in each are the same and the facts that give rise to each of them as appearing from any record are the same in all material respects.
A determination order may be appealed within 21 days on a point of law to the High Court. The decision of the High Court is final and conclusive. The decision does not deal with the merits.
Enforcement I
A determination order may be enforced in the District Court for the area in which the dwelling is situated. Either the party intended to benefit or the RTB may take proceedings against the party alleged in default. If the party seeking to enforce is not the RTB, he must notify the Board which is entitled to appear.
Once it is satisfied that the party is in default, the District Court must direct compliance with the terms of the determination order unless it determines
- there was an absence of procedural fairness,
- material considerations were not taken into account,
- there is a manifest error in relation to legal issues or
- the determination is manifestly erroneous.
Enforcement II
If the District Court is satisfied by credible testimony that the respondent is unable to meet the costs of the applicant, it should his challenge to the fairness of the proceedings fail, the court may require security for costs.
If the determination order requires that the property be vacated on the foot of a valid termination for non-payment of rent, the District Court may require the respondent to pay and lodge all arrears and amounts for subsequent further occupation.
If the court is satisfied that there are good and substantial reasons why a party failed to appear at a hearing, it may cancel the determination and direct it be reheard. It may direct security for costs and payment of arrears and for ongoing occupation.
The Board or District Court may impose conditions similar to those imposed by the High Court in setting aside a judgment in the absence of a party. It is an offence to fail to comply with the determination order. He may not be sentenced to imprisonment if he shows that his failure to comply is due to a lack of financial capacity.