The decision of the adjudicator is binding and results in a Determination Order being issues to both parties concerned.
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;
- when the rent is more than the 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 this letter can be downloaded here.
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). 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.
Any complaints of a serious anti-social or criminal nature should be reported to the Gardaí in the first instance.
The case will be heard by an independent RTB adjudicator or mediator. 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 all evidence submitted by both the landlord and third party and can attend an adjudication hearing, if they wish. Landlords can also be ordered to make substantial payments to affected parties for the distress caused by their failure to enforce their tenants’ responsibilities.
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 click 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.
It costs €30 to submit a paper application.
Adjudications are on Monday – Friday at 10am, 11:30am and 14:15pm. If you have certain days/ times that you are unavailable, please notify the RTB immediately and we will try our best to accommodate you.
All adjudications are held virtually through a free application called Microsoft Teams. Face-to-face hearings are available on request.
If you have any unavailable dates/ times, please let the RTB know. Adjournment requests are only granted in exceptional circumstances, a request for an adjournment must be in writing and supporting documentation substantiating the circumstance must be attached for your request to be considered. Please note work/ college commitments are not considered by the Board as exceptional circumstances.
If your personal details change, please inform the RTB immediately.
For more information see the Guide to submitting evidence here. All documentary evidence and any further information, which you may wish to submit in support of your claim that is beneficial to the case must be submitted by close of business 5 days before the hearing. During this time the RTB strongly recommends emailing the evidence in a single batch. The RTB cannot guarantee that evidence submitted any later than the deadline will be considered.
The RTB will not be responsible for blacking out personal data within documents submitted as evidence. It is your responsibility to black out any personal information such as bank account details, personal telephone numbers and addresses. Please do not send original documents to RTB as we will not be returning any documentation to you. For security reasons, the RTB are unable to accept data sent via links – Please read Guide to submitting evidence here for more details.
For more information about Virtual hearings, please follow our guide here.
For more information about face-to-face hearings, please follow our guide here.
At the hearing, all parties have the opportunity to set out their side of the dispute using documentary evidence already circulated, if necessary. If an agreement is not reached at the RTB dispute hearing, the adjudicator will make a determination in relation to the case as part of their formal report, which will issue after the hearing.
A Determination Order gives the outcome of the case and sets out the terms to be complied with and the timescale for compliance. For example, a Determination Order may state that a tenant must pay the landlord rent arrears in a six-month period, or that a landlord must complete required maintenance works on a property within a three-month period.
An applicant or respondent may appeal an adjudicator’s decision within 10 working days of the adjudicator’s report issuing to the parties.
Searches can be conducted by entering:
The name of a party or parties to a dispute
Case reference (DR) number
The date on which an Adjudication Order was made
The subject matter/matters under dispute