Dáil Éireann Debate, Tuesday - 15 September 2020
337. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if the report he has requested from the Residential Tenancies Boar, RTB, on the eviction on Berkeley Road, Dublin 7, will be published; if so, the date it will be published; and if he will make a statement on the matter. [23432/20]
View answerWith reference to the alleged eviction at 7 Berkeley Rd, Dublin 1, I sought early engagement by the Residential Tenancies Board (RTB) to ensure that the full powers and resources available to the RTB are fully utilised to ensure that these tenants are treated fairly, respectfully and within the confines of protections provided in the Residential Tenancies Acts (2004-2020).
Under the Residential Tenancies (Amendment) Act 2019, the RTB has been granted additional functions in the form of a Sanctions Regime. Part 7A of the Residential Tenancies Acts was introduced to facilitate the investigation of “improper conduct” and to provide for sanctions against landlords should it be warranted. Significantly the investigation can now be triggered by the RTB in it’s own right rather than depending on a complaint or the raising of an adjudication/dispute by the tenant.
The matter of illegal evictions is a very serious one. Where a landlord is determined to have engaged in an illegal eviction, the landlord may be directed to allow the tenant to re-enter the dwelling. Further, a landlord may also be required to pay substantial damages (up to €20,000) depending on the circumstances of the case. Tenants can take a case to the RTB where an illegal eviction has occurred. As the RTB have replaced the courts in the dispute resolution functions, the RTB has a responsibility towards all parties involved in a dispute to ensure that a fair hearing is conducted and that each party will have the opportunity to set out their case. Any decision will be made based on the facts and evidence of a given case.
The RTB has confirmed to me that a dispute has been received and a case has been raised in relation to this matter. They are actively reviewing and assessing all available information to ascertain if they can commence an investigation under Part 7A of the Act. It is not possible for me to comment further at this time on the specifics of this case or the actions that are or may be taken on foot of the alleged illegal eviction. To do so could prejudice the dispute process and role of the RTB. The RTB must ensure it is independent and impartial to ensure that the integrity of its functions (including the resolution of disputes and imposition of sanctions) is upheld at all times.
I am deeply committed to ensuring that we have the strongest protections possible, balancing the need for fairness, and with this in mind I have directed the RTB, under Section 151(2) of the Residential Tenancies Acts, to fully investigate this incident and to make a report to me, with relevant recommendations, as soon as possible. This cannot be done until such times as the case has concluded, at which point the RTB will submit their findings to me for consideration.
On receipt of its report I will swiftly consider it and move to implement any relevant recommendations that will further protect tenants.
