In order to avoid any delays with the processing of your claim we would encourage you to read the below information for details on:
* Types of tenancies over which the PRTB does not have jurisdiction and which may be referred to the courts instead;
* Additional documentary evidence required by the PRTB in certain categories of cases;
* Information required in order to complete the dispute application form online, and
* A general guide to supporting evidence
Before you apply for dispute resolution
* Have you communicated with the respondent parties in view of reaching an agreement?
* Are you aware of your rights and obligations?
* Are you clear on the outcome you wish to achieve and are in a position to produce sufficient supporting evidence?
* If your dispute is in relation to rent/overholding, are the notices served by you compliant with the requirements of the Residential Tenancies Act?
* Do you have the current and correct details of the Landlord or Tenant who will become the Respondent in your case?
Is the PRTB the proper forum to resolve my dispute?
The PRTB can deal with majority of cases referred to it for resolution. There are various disputes which the PRTB cannot deal with. If any of the below scenarios apply to your dispute, we would encourage you to seek legal advice as the PRTB may not have jurisdiction to resolve your dispute:
*I am a tenant of a dwelling within which the landlord also resides (rent-a-room scheme);
* I am a tenant lodging a dispute against another tenant living in the dwelling with me even if in my view the tenant acts in a landlord capacity;
* I am a tenant who paid a security deposit but my tenancy never came into existence (I did not move into the dwelling);
* I am the original tenant in a formerly rent controlled dwelling;
* My dispute is in relation to a holiday letting;
* My dispute is in relation to a dwelling used wholly or partly for carrying on a business;
* The subject matter of the dispute has previously been determined by the PRTB or the courts;
* My claim exceeds: €20,000 (damages only) or twice the annual rent subject to a maximum of €60,000;
* I am a neighbour of a rented dwelling affected by anti-social behaviour of the tenants next door and I have not communicated, or attempted to communicate with the landlord of the dwelling and/or the tenant before submitting my claim (Please refer to Third Party applications section for further details );
* I am a landlord wishing to apply for dispute resolution and the tenancy of the dwelling under dispute has not been registered (for tenancies in existence for 4 years and more, registration is required for each 4 years of the tenancy);
* I wish to dispute the validity of a notice of termination/notice of increase of rent served on me and my dispute has not been submitted to the PRTB within 28 days from the date of receipt of the disputed notice (More information under heading below).
The PRTB will require additional documentation in order to process your case.
If you are satisfied that the PRTB is the proper forum to resolve your dispute please note the additional requirements in relation to cases submitted in respect of:
Overholding / Overholding and Rent Arrears (Application by Landlord):
An order for vacant possession can only be made on foot of valid notices of termination. Before submitting your case for overholding, please ensure that the notice you served on your tenant is compliant with the requirements set in the Residential Tenancies Act 2004. Please read our guide to terminating a tenancy for rent arrears.
In order to avoid any delays in processing your claim, copies of all notices should be submitted with your application. Evidence can be uploaded to your case online or by email to firstname.lastname@example.org.
Invalid Notice of Termination / Rent more than market Rate (Application by Tenant):
If you wish to dispute the validity of a notice of termination or submit a dispute on receipt of a notice of rent increase, an application for dispute resolution must be submitted to the PRTB within 28 days of you receiving the notice from your landlord, or before the date the rent increase is to have effect.
Please submit a copy of the notice you are challenging along with your application form. If your case is not being submitted to the PRTB within 28 days from the date you received the notice, it is open to you to apply to the Board to have the above time extended. If you wish to apply to the Board to have the time extended, please also submit an application to the Board of the PRTB showing “good grounds” for why the 28 days time should be extended. The Board will not grant an extension unless good grounds for the extension have been provided (Sections 80 and 88 of the Residential Tenancies Act 2004 refer).
Before submitting an application online you will need the following to hand:
1) Applicant’s details:
Please state your full name and address. If you are a representative submitting a case on behalf of your client, please state your client’s name in the Applicant field and use the Representative section to complete your details. Only Landlords, Tenants and Third Parties (neighbours affected by anti-social behaviour of tenants in rented dwelling) can be named as the Applicant. Applicant Landlord?:
You will be required to provide the tenancy registration number relating to the tenancy under dispute. If the tenancy has been in existence for 4 years and more, two or more tenancy registration numbers will be required. If you are unsure if the tenancy has been registered with the PRTB, please contact the Registrations Section of the PRTB by email to email@example.com or by phone 01818 303037.
2) Respondent’s details:
Please state the full name and address of the Tenant or Landlord. If you are a Tenant and the name of your Landlord is not known to you, please state “Unknown” in the Respondents section of the application. If the details of the Landlord’s Agent are only available please provide same in the Representative section of the application. Address for service of PRTB notices:
All PRTB notices must be served by post. If the current address of the respondent in your case is not available to you, the PRTB may be unable to process your dispute. An address provided by you for the respondent must be their current address of residence. If an address for service is not provided by you, and the PRTB is unable to locate an address for the respondent parties, your case will not be heard.
3) Decide on the preferred method of dispute resolution:
Mediation: A PRTB appointed Mediator will assist you (the Applicant) and the other party (the Respondent) to reach an agreement acceptable to you and the other party. The PRTB will require the consent of the Respondent in order to arrange this method of Dispute Resolution. If an agreement is not reached at the mediation meeting, it will be open to you to refer the matter to a Tenancy Tribunal (an administrative fee of €85 or €100 will apply).
Adjudication: An independent Adjudicator will enquire into the matters under dispute and determine the outcome. If you are not satisfied with the Adjudicator’s decision in your case, it will be open to you to appeal same to a Tenancy Tribunal (an administrative fee of €85 or €100 will apply). Where parties wish to reach an agreement at Adjudication, the terms of the agreement can be adopted by the Adjudicator in their determination.
4) Rented dwelling under dispute:
Please provide the correct and full address of the dwelling under dispute.
If relevant, please provide the details of your representative and/or the representative of the respondent in this section.
6) Credit/debit card details:
A fee of €15 applies to all applications for dispute resolution submitted online. The PRTB will not process your case unless the above fee has been paid.
7) Supporting documentation:
Please upload any relevant supporting documentation to your case. Notices of termination must be provided in all cases concerning Overholding and Validity of Notice of termination (Please ensure that the notices served by you are valid and satisfy all requirements of the Residential Tenancies Act 2004). Notices of rent increase must be submitted in all cases referred in respect of Rent more than market rate.
Submission of evidence:
Before you submit any evidence, it is important to note that this documentation will be copied in full to all parties and the appointed Adjudicator / Mediator. Third Party applicants should note that the documentation will be provided to the tenant of the neighbouring dwelling. It is a matter for each party to delete or redact any confidential information such as addresses, bank account details, phone numbers etc.
Original documentation should not be submitted as it will not be returned to you. Please submit copies in advance of your meeting and make original documentation available on the day. Documents should be submitted online, via email to firstname.lastname@example.org or by post in single batch and no later than 10 days in advance of the hearing date.
We cannot currently accept video/audio evidence online. Where same is submitted by post the onus is on the party submitting the evidence to bring the necessary equipment with them to a hearing in order that the evidence can be played.
Please read our guide to evidence which provides information on the types of evidence that may support your case
Notices of termination must be forwarded for all cases referred in respect of:
* Invalid Notice of Termination
* Overholding or Rent Arrears & Overholding
Tenants, please note that rent should continue to be paid pending the resolution of a dispute before the PRTB.
Landlords, the onus is on the landlord to maintain and produce proper business records to justify the retention of a tenant’s deposit. Please read our Frequently Asked Questions for further information on the dispute resolution process.