Dáil Éireann Debate, Tuesday - 26 July 2022
656. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will consider making it mandatory in relation to Residential Tenancies Board cases that in cases in which an estate agent is acting on behalf of the property owner when a case is taken by a tenant that the property owner should be at the hearing and available to answer questions; and if he will make a statement on the matter. [40165/22]
View answerThe Residential Tenancies Acts 2004-2022 (RTA) regulate the landlord-tenant relationship in the rented residential sector and set out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
The service provided by the RTB is quasi-judicial and all of their mediators, adjudicators and tribunal members have independent decision-making powers, in the same way as judges have within the Court system. A decision made by an adjudicator can be appealed to a RTB Tenancy Tribunal and a decision of such a Tribunal may be appealed on a point of law to the High Court. Further information on appeals is available on the RTB website at the following link: www.rtb.ie/dispute-resolution
Section 109 of the RTA provides that the RTB, with the consent of the Minister, may make rules regarding the procedure to be followed in relation to a dispute under part 6 of the RTA. Paragraphs 7 and 13 of these rules specifically provide that a party is entitled to have a representative attend on their behalf at a hearing before a mediator, adjudicator or tenancy tribunal.
www.rtb.ie/images/uploads/Dispute%20Order%20Enforcement/Section_109_Rules_RTB.pdf
Section 105(3)(a) of the RTA provides that a tenancy tribunal may summons a witness to attend before it.
