1. 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

2. 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

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

4. 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

5. 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

6. 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

7. 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

8. 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.

9. 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.

10. 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)

11. 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

12. Dispute Resolution Process

13. 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

14. 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

15. 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

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

17. Breakdown of Cases 2015

18. 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!!

19. 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

20. “ 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

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