There are many types of disputes that can arise over the duration of a tenancy. The most common disputes brought to the RTB are validity of a notice of termination, unlawful termination of tenancy, rent arrears, deposit retention and rent arrears with overholding. Other dispute types include, anti-social behaviour, breach of fixed term lease, breach of landlord/tenant obligations, damage in access of normal tear and wear, rent more than market rate, rent review not in line with rent pressure zone and standard and maintenance of dwelling.
Third parties are those who are directly and adversely affected by neighbouring tenants and have the right to bring a case against the landlord of those tenants.
If you are having issues with a neighbour who is a tenant, you can apply for dispute resolution as a third-party applicant here
All parties involved in a dispute should initially try to resolve the matter directly themselves. If the person who is affected contacts the landlord about anti-social behaviour, the landlord can send a letter to the tenant once the complaint is received. This letter requires the tenant not to behave in the dwelling or in its vicinity in an anti-social manner. A sample of the letter can be downloaded here.
If the affected party is unable to identify or contact the landlord, they can make a formal request for the landlord’s and/or letting agent’s (where applicable) name and address (if registered) from the RTB.A landlord has a duty to enforce the responsibilities of the tenant(s) in a tenancy where the neighbours are affected (for example anti-social behaviour). In cases where a landlord fails to enforce a tenant’s responsibilities, a person directly and adversely affected may take a case against the landlord through the Residential Tenancies Board (RTB).
Landlords can be ordered to make substantial payments to affected parties for the distress caused by their failure to enforce their tenants’ responsibilities.
Any complaints of a serious anti-social or criminal nature should be reported to the Gardaí in the first instance.
A dispute hearing will be scheduled for Mediation or Adjudication. Who can direct the landlord to enforce their tenants’ responsibilities. In the interest of fairness, tenants will be a notice party to a third-party case. This means they will be copied on information relating to the case, receive any evidence submitted by both the landlord and third party and can attend the hearing, if they wish.
The applicant should enclose relevant documentary evidence in support of their case e.g. log of events, photographs, witness statements or Garda reports (where applicable). Please see here for a Guide to Submitting Evidence
Please note: any third-party issues in relation to the standard and maintenance of a rental dwelling are a matter for local authority enforcement and the RTB does not have jurisdiction to deal with such complaints. It should also be noted that in order to provide a fair and neutral service to all parties, the RTB are unable to provide legal advice or specific guidance to either party in relation to their dispute.