A Tenancy Tribunal hearing is a full re-hearing of all the relevant facts of the dispute. Even though the case has already been dealt with by an adjudicator or a mediator, both parties have the opportunity to present the case in its entirety and the Tenancy Tribunal will make a decision on the information presented to it. Parties will be provided with an opportunity to submit any further evidence they deem relevant to their case to the Residential Tenancies Board (RTB) prior to the Tribunal hearing.
Only the original parties (Applicant/ Respondent) to a particular dispute can do, however, an appeal can also be lodged by a nominated representative on behalf of the dispute applicant or respondent.
Notice parties in third party application cases (the tenants) do not have a right to lodge an appeal.
To appeal the outcome of a mediation or adjudication case, an appeal application must be submitted to the RTB via post or email (email@example.com) and must be received on time. The forms to refer a Mediation to Tribunal can be found here and the form to appeal an Adjudication to Tribunal can be found here.
An application must be made within the correct time period:
The applicant and/ or respondent may apply to a Tenancy Tribunal within 10 calendar days (this includes Saturdays, Sundays and Bank Holidays) “cooling off” appeal referral period from the date an Agreement was reached or from the date the mediation ceases. If both the applicant and respondent apply for a Tenancy Tribunal, one hearing will be scheduled to deal with both referral applications.
The fee is €30 to refer a mediation outcome to a Tribunal.
The applicant and/ or respondent may appeal to a Tenancy Tribunal within 10 working days of receipt of the Adjudication Report. If both the applicant and respondent appeal the Adjudication outcome, one Tenancy Tribunal will be scheduled to deal with both appeal applications.
The fee is €85 to appeal an adjudicator's decision.
The completed form, along with the fee, should be sent by post to the Residential Tenancies Board, PO Box 47, Clonakilty, County Cork or by email to firstname.lastname@example.org.
Once your application has been submitted, it will be processed by the RTB, and you will receive confirmation if it has been accepted or rejected. The RTB do not review the details of the application, these details are intended for the Tribunal panel members.
Where the original dispute was an adjudication, the adjudicator's Determination Order will issue to all parties.
Where the original dispute was a mediation and an agreement was reached, the Determination Order containing the agreement will issue.
Where the original dispute was a mediation and no agreement was reached, or one or more parties withdrew from the agreement, the case will be closed.