Mediation

Self-Resolution

Sorting out a problem can lead to a less stressful and a more positive relationship in a tenancy. If an issue arises between a landlord, tenant or neighbour then efforts should be made to resolve the issues between themselves. 

It is important for everyone to understand their rights and responsibilities. For example, landlords must be available to carry out repairs and tenants must allow the landlord to facilitate repairs and inspections. Communication is key and discussing concerns at the beginning can lead to a positive tenancy. 

If you are landlord, tenant or are a third party in dispute, who cannot resolve any issues themselves, there are options available to resolve the dispute within the RTB.  

Mediation

Mediation is a voluntary process and works as parties can discuss their issues thoroughly with one of our highly trained Mediators, who can facilitate a resolution using their expert knowledge on the legislation, the rights and obligations of parties and the procedures to follow around tenancies.

Mediation focuses on the interests or needs of the parties and on solutions, not on determining or assigning blame. The mediator does not impose a solution but rather works with all parties to create their own solution. All parties should participate in the mediation in the spirit of compromise with the goal and intention of achieving a settlement of the case.

Mediation is carried out via a Telephone call directly with the Mediator, so the parties do not need to talk directly to each other, the Mediator through a series of separate phone calls, will listen to both parties and ensure to grasp a full understanding of the issue(s) at hand and work with both parties find a mutually acceptable solution to resolve the matters in dispute.

Parties are asked to submit a Position Statement outlining what they hope to achieve and the key issues which have prevented achieving them before the Mediation Hearing to increase the chances of a successful outcome.

Disputes types

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 party dispute resolution services 

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.