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Guide to Evidence

The RTB replaces the Courts in dealing with legal disputes between landlords and tenants so the onus is on the case parties to make their case at the hearing and to submit relevant documentation in support of their case by the required deadlines.

Circulation of evidence:

Before you submit any evidence in support of your case it is important to note that this documentation will be copied in full to both parties and the Adjudicator/Mediator. It is matter for each party to delete or redact any confidential information e.g. your bank account details, addresses, phone nos. etc.

Deadlines for submission of evidence:

It is recommended that any evidence that you wish to include as part of your case is forwarded to the RTB 5 days before your hearing is due to take place, to allow us time to circulate to the other party and the Adjudicator/Mediator. If your evidence is received after this time we may not be able to circulate the documents in time for the hearing. If your evidence is late, you should bring copies for each party to the hearing and it is then a matter for the Adjudicator/Mediator on the day as to whether or not to accept them into evidence.

What happens to evidence submitted to the RTB?:

The RTB scan and archive all documents submitted to us. Therefore it is essential that you do not send us original copies of any documents that you may require at a later stage, as we will not be returning any documentation to you.

Submitting evidence online:

If you are making an application online and wish to submit evidence, you should have this evidence saved to your computer before you login to your account. When you access the case under dispute, you will be presented with an option to upload evidence in support of the case in the Action dropdown at the bottom of the page.

If you have any difficulty uploading evidence, call the RTB on 0818 30 30 37

Types of evidence to submit in support of your case:

Typical types of evidence include (give the types depending on the grounds for the application)

Dispute Reason

Evidence

Deposit Retention Case

Letting agreement / Evidence of Payment of Deposit, Rent / Notices of Termination / Inventory and Condition Report on commencement of tenancy and end of tenancy /Witness Statements / Bank Statements /   Photographic Evidence / Outstanding Utility Bills / Cleaning or Redecorating Invoices

Notice of termination / Overholding / Rent Arrears / Rent Arrears & Overholding

Letting Agreement / Warning Notices for Non-payment of Rent / Notices of Termination & Proof of Service if available / Bank Statements / Receipts / Correspondence

Rent Review

Letting Agreement / Notices of Rent Increase / Information on rent payable for dwellings similar in size, type, character and location, Rent index

Standard & Maintenance of Dwelling

Letting Agreement / Inventory & Condition Report on commencement of tenancy / Notices bringing the matter to the attention of Landlord or Tenant /   Photographic Evidence / Cleaning or Redecorating Invoices /

Anti - Social Behaviour

Photographic Evidence / Log of Events / Garda Reports / Witness Statements / For Third Party applications - Evidence that Landlord has been made aware of Anti-Social Behaviour of Tenant

Audio/Video Evidence:

If you submit audio/video evidence you will need to bring the necessary equipment to a hearing in order that the evidence can be played.

Photographs:

As previously mentioned, the RTB scan all documentation received and scanned copies of the documentation are circulated to the parties. As these are scans of an image and you are relying on the quality of a photograph submitted, it is recommended that you bring original copies of your photographs to your hearing.

Evidence that cannot form part of your submission:

The RTB will not accept the following submissions:

  • Evidence that is marked “without prejudice” cannot be accepted as part of a parties submission
  • Documents unlawfully obtained
  • Documents such as newspaper clippings submitted that are attempt to cause damage to the good name of a party that are not necessarily relevant to the dispute

Where documentation is being submitted that is from a person that is not a party to the dispute, the consent of that party for the circulation of the document must be obtained in advance of submission to the RTB and the consent should be provided with the document in question.