Dáil Éireann Debate, Tuesday - 10 May 2022
384. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if a person can individually or personally execute a determination order by the Residential Tenancies Board in cases in which a District Court order has upheld same; and if he will make a statement on the matter. [23454/22]
View answerThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2021, to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Due to the quasi-judicial role of the RTB, it would be inappropriate for me or any officials in my Department to comment on, or to interfere in, the specifics of any case.
When landlords, tenants and third parties bring disputes to the RTB through mediation, adjudication or tribunal, they receive a legally binding Determination Order, which, if not complied with, can be enforced through the District Court through two enforcement options.
With the first option, a landlord or tenant can request Legal Assistance from the RTB through its Legal Assistance Programme. This is a programme whereby the RTB assists parties to enforce Determination Orders through a panel of solicitors local to each District Court. Further information on the programme and how to make an application can be found at: www.rtb.ie/images/uploads/forms/Application_request_legal_assistance_enforcing_Determination_Order.pdf.
Requests for Legal Assistance in urgent cases are prioritised, this includes cases concerning over-holding, serious rent arrears, the non-return of deposits and unlawful termination.
The second option allows a landlord or tenant to take their own enforcement proceedings in the District Court. In order to support parties who wish to take their own enforcement proceedings, the RTB have developed a step-by-step guide to the new process in the District Court which can be downloaded at: www.rtb.ie/images/uploads/general/RTB_Guide_to_taking_Enforcement_Proceedings_A5_FINAL_VERSION.pdf.
Should further information be required by the Deputy, the RTB set up a dedicated email address for this purpose and may be contacted at OireachtasMembersQueries@rtb.ie.
