The Residential Tenancies Board (RTB) was set up in 2004, with the enactment of the Residential Tenancies Act. The act sets out clearly both landlord and tenant obligations, how they should be implemented and crucially the procedures to follow if they are not adhered to.

A main function of the board is its Dispute Resolution Service, set up to handle residential landlord and tenant disputes. Previously disputes would be handled by the courts, which were costly and inaccessible. The Dispute Resolution Service, would be accessible to all, and the cost to make applications was and is nominal.

While the Dispute Resolution Service, is still accessible and cost-effective, the cases have become much more complex. Years of hearings have given rise to precedent cases and the act has become “open to interpretation” by adjudicators.

I have written another piece covering the most common disputes between landlord and tenant, see The RTB Dispute Resolution Service – Common Cases. In this article, I’ll be looking at the options for dispute resolution and the steps each entails.

There are three types of dispute resolution; mediation, adjudication and tenancy tribunal. Below I discuss each and which is most appropriate depending on the nature of the dispute.

Mediation, is free of charge and the RTB claims it is a prioritised service. The mediation is carried out by telephone and each party talks to the mediator rather than each other. It involves a series of phone calls made by the mediator to each party on a back-and-forth basis until an agreement can be reached or none is forthcoming.

The mediators are very familiar with the act and can explain to each party their rights and obligations. This itself can be very beneficial in achieving agreement. In disputes that relate to contestable incidences usually around maintenance issues, mediation can be very effective. However, when disputes are more of a cut-and-dry nature, for example, overholding and rent arrears, the issue is clear and there isn’t much to mediate. In these cases, arbitration is often more suitable.

Whether there is an agreement or no agreement, there is a 10-day cooling-off period. If there is no agreement, then the parties have 10 days to apply for a tribunal hearing. Similarly, if there is an agreement and either of the parties reconsiders their position, they have 10 days to apply for a tribunal hearing. After the 10-day cooling off period, the agreement becomes binding, or in the case of no agreement, the case is closed.

To apply for adjudication, there is a fee of €30. In advance of an adjudication hearing, evidence is submitted and shared with both parties. Ideally, the evidence should be submitted in a single batch and for it to be considered, it must be submitted no later than 5 days before the hearing.

Generally, the hearings are held virtually, with both parties and the adjudicator present. At the hearing each party is given the opportunity to set out their claim and can only rely on the evidence submitted in advance of the hearing.

Following the hearing the adjudicator will issue a determination order that is legally binding. If either party wishes to appeal the adjudicator’s decision, then they have 10 working days to apply for a tribunal hearing.

A tenancy tribunal hearing happens only in the case of an appeal to a determination order made after a mediation or adjudication hearing. The fee to appeal a mediation outcome is €30 and the fee to appeal an adjudication outcome is €85.

The tribunal usually takes place virtually and is a full rehearing of the case. The parties may submit new evidence. A tribunal is a public hearing where members of the public can join virtually. The determination is binding and any decision can only be appealed to the high court within 21 days.

While most determination orders are complied with, sometimes enforcement is necessary. This must be done by making an application to the District Court. At the top of this article, I mentioned that the Dispute Resolution Service was set up to make the process more accessible and cost-effective. If you are in the unfortunate position of having to enforce a determination order through court proceedings, we would recommend you seek the advice of a solicitor.