A landlord of a rental dwelling owes to each person, who could be potentially affected (e.g. by anti-social behaviour), a duty to enforce the obligations of the tenant under the tenancy. (s.15 of the Act).
The third party applicant must ensure that the person is directly affected and that they first attempt to resolve their dispute directly with the landlord before making a formal application for RTB dispute resolution. The tenant also be invited to the dispute hearing to be given an opportunity to defend the allegations and will receive copies of case documentation. In cases of alleged anti-social behaviour, upon request, the RTB may furnish the name and address of the landlord or his authorised agent to the Applicant Third Party.
Please note that the remedy available to an adjudicator or tribunal in cases relating to a breach of landlord obligations are to award damages. However, parties may have a preference to ensuring that the breaches don’t persist therefore it may be preferable for parties to consider entering into telephone mediation or a mediation hearing in which parties could enter into a mutually acceptable and legally binding agreement. Please note that an Adjudicator or a Tribunal hearing the matter have no power to direct the removal of the tenants from the property in question.
Any complaints of a serious anti-social or criminal nature should be reported to the Gardaí in the first instance.
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