03/05/2021 by McKenna and Co Solicitors
The Residential Tenancies Board: what is it?
And when/why should you get in touch?
Court is expensive, time-consuming and even before Covid-19, there was a backlog of cases waiting to be seen.
In order to avoid court in landlord and tenant disagreements, the Residential Tenancies Board was set up. As in the name, it applies to tenants living in accommodation, as opposed to commercial tenancies like a shop-owner in a unit.
The RTB has to:
1. Keep a record of residential tenancies;
2.Offer a dispute resolution service for landlords and tenants;
3. Carry out research into the private rented sector;
4. Provide policy advice to the Government on the private rented sector.
The RTB also sets out the obligations of both the landlord and tenant, which is helpful because it may not be clear who is responsible for certain repairs and/or expenses.
If you have an issue with your landlord/tenant and you can’t agree it between yourselves, you go to the RTB.
Matters can be brought to either adjudication or mediation.
This is where an adjudicator assesses both the landlord and the tenant’s evidence and makes a decision in an informal setting.
This is where a mediator listens to both sides and tries to help the landlord and the tenant come to a solution. This gives some flexibility and autonomy to the landlord and the tenant as they get to have a voice in the process. This may
not be possible where relations with each other are particularly poor!
- If the Adjudication or Mediation decision is accepted, this becomes a decision (or “Determination Order” as it is officially known) that the landlord and tenant are both legally bound and then it needs to be enforced by the court if either party do not comply.
- If a decision is not reached in Mediation or the decision of the Adjudication is appealed, the case can be heard in front of a Tribunal. As above, the decision of the tribunal is called a determination order, is legally binding and cannot be appealed.
If you are having issues with either your landlord or your tenant, please don’t hesitate to contact our conveyancing team on 01 485 4563.