Resolving Disputes Outside the Court System The Irish System Rosalind Carroll Director Residential Tenancies Board The overall vision of the RTB is “a well-functioning rental housing sector in Ireland that is fair, accessible and beneficial for all” Registration Dispute Resolution Services Education and Awareness Data, Guidance and Information

About The RTB The overall vision of the RTB is “a well-functioning rental housing sector in Ireland that is fair, accessible and beneficial for all” Registration Dispute Resolution Services Education and Awareness Data, Guidance and Information Staff numbers Adjudicators Now the ‘Residential Tenancies Board’ Approved Housing Bodies (AHBs) or Housing Associations under the remit of RTB since April From private rental sector to rental sector

Overview Rental sector in Ireland Rights and Obligations Methods of Dispute Resolution Lessons Learnt

Activity in the Sector – Tenancies & Landlords 325,000 Total Number of Tenancies Impact - Demand for Service Enforcement Role in collecting and providing information more important Decreased mobility for First time Buyers (2007 onwards) Rise in tenants from the EU27 New household formation Pressures on social housing Lack of new supply – general challenge

Properties with weekly rent of over €300 up from 7% in 2013 to 25% in Q2 2016 3,600 properties available (Daft.ie) Increasing housing waiting lists Increase in homelessness Affordability

Before -Strict Formal Process Disputes heard in the Circuit Court Parties generally required the services of a solicitor and Counsel/ Barrister Cases generally for vacant possession – no reality of recovering rent arrears Strict Legal Process involved / Court Rules specifically applicable Draft a Notice of Motion – what reliefs you are seeking Draft and swear a Grounding Affidavit - set out the facts relied on Prepare Exhibits – documents referred to in the affidavit Request the Relevant Circuit Office to assigns a date for hearing Serve the other party Attend Court After the Court Hearing apply for the Court Order Serve the Court Order on the other party – very intimidating and formal setting Serve the other party with the notice of Motion and affidavitt etc Very expensive process €5 - €10k

The RTB RTA 2004 - alternative dispute process Parties must still set out their case All correspondence must be circulated to the other party The other party has a right to respond RTB can do limited searches to locate current address if not known to the applicant party - tenants leaving no forwarding address Inexpensive €15 euro on line €25 hard copy Less formal surroundings and settings for hearings Due process and fair procedures are paramount All parties have a right of appeal Did away with formality

Landlord Rights Set the rent in accordance with the Act Receive the rent when due and in full End the tenancy without reason in the first 6 months (unless a fixed term tenancy) Kept informed of who lives in the property Inspect the property periodically Be informed of any repairs needed and be granted reasonable access Setting the rent is different for AHB landlords and private landlords who can only set rent every 24 months and must give 90 days notice. Fixed term tenancy can only be ended if there is a breach of obligations by one of the parties or if the landlord refuses consent for the tenant to sublet allowing the tenant to serve a notice of termination.

Landlord Obligations Registration Provide records of payments and point of contact Carry out repairs to maintain the dwelling Provide written notice of any rent review Give notice of any inspections Provide a valid written notice of termination Refund any deposit promptly Insure the dwelling Provide refuse storage facilities Notice of rent review must be in accordance with the tenancy or lease agreement and if not provided for in the agreement can only be reviewed once every 12 months. Notice to be given as soon as practicable. Deposits are to be returned promptly less any unpaid rent or bills or if there was damage caused which was beyond normal wear and tear.

Tenants Rights Dwelling in good condition and repairs carried out promptly Contact details of landlord or their authorised agent Return of deposit less any unpaid bills, rent owing or cost of damage beyond normal wear and tear To receive/give written valid notice of termination Peaceful and exclusive occupation After initial six month period the right to stay in the dwelling for a further 5.5 years (part 4 rights)

Tenants Obligations Pay rent on time and in full; including during dispute resolution Keep the dwelling in good condition Inform landlord if repairs are required and allow access Inform the landlord of who’s living in the property Give written valid notice of termination Do not allow or cause any damage to the dwelling Pay for any damage that is beyond normal wear and tear Not to engage in anti-social behaviour or allow others to Comply with the terms of the tenancy agreement

Dispute Resolution Process

Mediation Mediation is a free service Both parties must agree to engage Mediator facilitates an agreement Telephone Mediation process quick and informal Face to face Mediations facilitated where requested TM at a time that is convenient for both parties. TM less formal, less adversarial and less paperwork Mediation - aims to give both parties a mutually satisfactory resolution of the matter. TM process - is conducted via a series of calls where the Mediator contacts both sides individually by telephone. 10 day cooling off period

Adjudication Adjudication involves a hearing Can submit evidence prior to the hearing Hearing may still go ahead if one party does not show up After the hearing the Adjudicator submits a report Where no appeal is received a legally binding Determination Order is issued Adjudication Reports are confidential but Determination Orders are published to the website

Tribunals Tenancy Tribunal - a new hearing The case is heard by a panel of three people in public The Tribunal make a decision, submit a report to the RTB and a legally binding Determination Order issues Tribunal Reports and Determination Orders are published to the website The Order may only be appealed on a point of law to the High Court

Disputes 899 – 2005 1,280 – 2006 1,502 – 2007

Breakdown of Cases 2015

Education and Awareness Rental strategy – one stop shop, info dispute prevention Education and Awareness Understanding the market Non-Adversarial Dispute Resolution Services Provide a regulatory system that works!!

Lessons learnt Underestimated no of registered tenancies Major issues in processing cash and cheques for registration Insufficient resources Not trained appropriately to handle queries Call numbers so high we couldn't actually deal with the actual work IT not developed to handle dispute cases One size does not fit all Keep it simple

“ We are not a renting nation, we can rent for a while but not forever” Consensus on crisis but not on resolution Key to improving rent al sector – is deciding what type of rent sector we want and then having a strategy that underpins that

www.rtb.ie Email: rosalind.carroll@rtb.ie Thank You www.rtb.ie Email: rosalind.carroll@rtb.ie