Dáil Éireann Debate, Tuesday - 17 June 2014
94. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to revise the legislation on the recovery of awards made by the Private Residential Tenancies Board; and if he will make a statement on the matter. [25369/14]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the tenant-landlord relationship in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants in this sector.
Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. A determination order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB-appointed adjudicators, mediators or Tribunal members as the case may be, can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case.
A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts. Under the Act, enforcement of PRTB orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. However, while there is no legal obligation on the PRTB to enforce, this does not in any way preclude parties from pursuing enforcement independently through the courts including the seeking of a garnishee order. I have no plans to amend the legislation in respect of the enforcement of determination orders.
It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.
