Enforcing RTB orders

17/09/2018

Recent changes have streamlined the enforcement of determination orders issued by the Residential Tenancies Board, writes Brendan Noone, in the July Gazette.

The RTB process

As the number of people in private rented accommodation continue to rise, along with rents in the sector, rent defaults and other landlord-tenant disputes are increasingly common. Disputes between landlords and tenants are typically referred to the Residential Tenancies Board (RTB), which then holds an adjudication hearing.

Sometime after the hearing, the RTB adjudicator who conducted the hearing will issue his or her report, setting out the findings of fact and the RTB’s determination. If the proposed determination in the adjudicator’s report is not appealed by either side within ten working days of the date of receipt of the report, the RTB will issue the determination order under section 121 of the Residential Tenancies Act 2004. This is binding on both sides to the dispute.

Enforcing orders

Unfortunately, if either party refuses to comply with the terms of the determination order, the party seeking to enforce the determination order will have to bring enforcement proceedings to the court. There are two options open in this regard. They can make an application for the RTB to take enforcement proceedings in the courts on their behalf, or they can take their own enforcement proceedings. Usually, the person seeking to enforce the determination order will issue their own enforcement proceedings. More often than not, this is done with the assistance of a solicitor.

Brendan Noone is a senior associate in Connellan Solicitors. Writing in the July 2018 Gazette, he notes that recent changes to the enforcement process have made it faster and easier for a landlord or tenant to enforce the RTB’s determination.

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