The tenancy tribunal plays an important role in the resolution of tenancy disputes.
The resolution of tenancy disputes in residential letting agreements is governed by Part 6 of the Residential Tenancies Act 2004. The dispute resolution committee of the PRTB replaces the courts.
The main areas of dispute
are
* deposit retention
* illegal evictions
* invalid notices of termination
* over-holding
* rent arrears
* breaches of obligations
* anti-social behaviour
A dispute may be referred for Mediation, Adjudication, Tribunal Hearing.
If the dispute is not resolved by mediation or adjudication then it will be referred to a Tenancy Tribunal. The PRTB can refer directly to a tribunal if it chooses.
If mediation takes place and is unsuccessful then it must be referred to a tribunal. A party to a determination can also appeal a decision of an adjudicator to a tenancy tribunal.
Time limits
Generally a tenancy dispute must be referred within 28 days of notice being given which gives rise to the dispute or for example the termination of the tenancy.
The PRTB can refuse to deal with a complaint if it is
1. frivolous/vexatious
2. statute barred in the context of court proceedings
3. concerns a dwelling to which the Residential Tenancies act does not apply.
The PRTB will not deal with a reference to it by an unregistered landlord. However if the landlord registers the tenancy within a reasonable time it may then deal with it (if it chooses)
A tenant can always refer a dispute as the obligation to register the tenancy is the landlord’s.
2 stage procedure
PRTB uses a 2 stage procedure to resolve disputes. The first stage is mediation or adjudication.
The second stage is a public hearing by a tenancy tribunal if not resolved at the first stage.
Mediation
A mediator prepares a report and the PRTB makes a determination order within 7 days which contains the terms of the agreement reached by the parties.
If there is no agreement then the tenancy dispute goes to a tenancy tribunal.
Adjudication
An adjudicator reaches a decision him/herself. The adjudicator prepares a report for PRTB and they then issue a determination order.
This order is binding unless appealed by one or both of the parties to a tenanct tribunal within 21 days. There is a form of cross examination in an adjudication but the adjudicator controls the process.
Tenancy tribunal
A tenancy tribunal deals with
1. disputes referred directly by the PRTB
2. disputes where mediation has not worked
3. where the tenancy dispute is the subject of an appeal from a determination of an adjudicator.
Each party is entitled to be heard, be represented, give evidence and call witnesses at the hearing. Costs of witnesses or professional representation will not generally be awarded.
Determination Order
PRTB makes this order after receiving a report from
1. a mediator
2. an adjudicator
3. a tenancy tribunal
It is binding when issued. A determination order from a tenancy tribunal determination may be appealed to the High Court within 21 days on a point of law only.
Failure to comply is an offence and the PRTB can prosecute people for failing to comply with a determination order or it can apply to the Circuit court for an order forcing compliance.
If the PRTB prosecutes instead for failur to comply with a determination order the penalties possible are up to 6 monhts in jail or a fine up to €3,000 or both.
The resolution of tenancy disputes is an important skill for anybody letting residential property.
