Rights of Appeal for the RTB’s Dispute Resolution Service
The RTB’s Dispute Resolution Service is a quasi-judicial process and case outcomes are decided by independent adjudicators and mediators. Both parties to a dispute have a right to appeal to a Tenancy Tribunal if either is unhappy with the outcome of a mediation or adjudication agreement. Further information can be found here.
Order Enforcement Review
The RTB may pursue court proceedings where parties fail to comply with its Orders. Decisions on whether to pursue legal enforcement are made on a case-by-case basis, taking into account the Board’s own limited resources, the cost of taking legal proceedings and the likely success of achieving a favourable outcome for the requester. In certain circumstances, the RTB will consider, on request from the party seeking compliance of the Order, whether to provide legal assistance to enforce the Order. Further information, can be found here.
Right of Appeal for the RTB’s Investigation and Sanctions Process
In the RTB’s Investigation and Sanctions process, the decision to impose a Sanction and the decision as to the nature of that Sanction is made by an independent Decision Maker. A landlord who is the subject of a decision by the Decision Maker to impose a sanction has a right to appeal to the Circuit Court against the decision. Further information can be found on our website here.
Judicial Review
If you believe that your Dispute Resolution hearing or Investigation & Sanction Process with the RTB was not conducted fairly or that there has been a jurisdictional error, you may seek relief from the High Court by way of Judicial review. Judicial review is not an appeal of the decision of the RTB but is a review of the manner in which the decision was made and/or a review of statutory interpretation. Granting of this remedy is at the discretion of the High Court. Further information can be found on the courts services’ website.
Right of Appeal if convicted of an offence on prosecution in the District Court
A person convicted in the District Court of a criminal offence prescribed by the Residential Tenancies Act 2004-2019 (as amended) has the right to appeal that conviction to the Circuit Court. Such appeal must be made within 14 days of the District Court decision, by the service of a Notice of Appeal in the correct form on both the prosecuting authority and the Chief Clerk of the District Court.
Customer Complaints
The RTB’s formal complaints process also provides the organisation with key areas for review in order to address any areas that are seen as being below standard The RTB operates under its Customer Charter and has a formal route for complaints regarding all aspects of its service. As the RTB Dispute Resolution Service is quasi-judicial, there is a separate appeals process set down in law to appeal the outcome of a case.
Having exhausted our complaints procedure, if you remain unsatisfied you may refer the complaint to the Office of the Ombudsman if the complaint is in relation to Part 7 of the Residential Tenancies Act (Registration of Tenancies). Further information in relation to complaints to the Office of the Ombudsman can be found here: www.ombudsman.ie
Data Protection Complaints
If you are unhappy with the way we handle your personal data and wish to complain, you may contact the RTB’s data protection officer via email (data.protection@rtb.ie) or via post (Data Protection Officer, RTB, PO Box 12323, Dublin 2). You also have the right to lodge a complaint with the Data Protection Commissioner, you can engage with the Data Protection Commissioner. Further information can be found on www.dataprotection.ie