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Landlords, Neighbours and Misbehaving Tenants
Dispute Resolution Mechanisms
under the Residential Tenancies Act 2004
Áine Ryall
Residential Tenancies Act 2004 (RTA)
Tenants in private rented dwellings
disturbing their neighbours
What can the aggrieved neighbour do?
An innovative remedy – RTA section 15
A right for neighbour to refer a complaint to the
Private Residential Tenancies Board (PRTB)
against the landlord of the dwelling in question
Access to Justice?
Private Residential Tenancies Board
(PRTB)
Private Residential Tenancies Board
(PRTB)
Deals with landlord – tenant disputes
A multi-layered dispute resolution system
Initial application fee - only €25
MEDIATION
- optional (< 2%)
ADJUDICATION
- main forum in practice
TENANCY TRIBUNAL - appellate forum (circa 33%)
RTA section 15
Creates an obligation on the landlord
- In favour of each person who could
potentially be affected (e.g. a neighbour)
- To enforce the obligations of the tenant under
the tenancy
Not to behave in a way
that is “anti-social”
One of the tenant’s express obligations under
RTA section 16(h)
“behave in a way that is anti-social”
is defined in RTA section 17(1)
Behaviour that constitutes an offence;
Behaviour that is threatening or intimidating;
Engaging persistently in behaviour that
prevents or interferes with another person’s
peaceful occupation of their dwelling
Right to refer a complaint
to PRTB for resolution
A person who, it is reasonably foreseeable,
would be directly and adversely affected by a
failure by the landlord to enforce an
obligation of the tenant
Usually a third party e.g. a neighbouring
occupier
Pre-conditions to exercise of right to
refer specified in RTA section 77
i. Complainant is, or was, directly and adversely
affected by the alleged breach
and
ii. Took all reasonable steps to resolve the matter
by communicating (or attempting to
communicate) with the relevant parties
Activity under RTA section 15?
PRTB Annual Report 2010:
4% of applications for PRTB dispute resolution
services came from third parties (90 approx)
2004-2011 between 3% and 5% of applications
to PRTB were made by third parties
Available Remedies
Where landlord is found to be in breach of the
obligation under RTA section 15:
Adjudicator or Tenancy Tribunal (on appeal)
- may award damages and/or
- may make any other appropriate order
against the landlord
Study of Tenancy Tribunal case law
RTA section 15 - Remedies
Damages awards to the third party range from
€250 to €5000
Orders directing landlord take steps:
To serve a notice of termination of tenancy;
To inspect the dwelling more frequently;
To monitor tenant behaviour;
To lay carpet on wood floors or;
To remove debris from garden
Study of Tenancy Tribunal case law
RTA section 15 – Common themes
Third party alleging Tenant engaged in ASB
bears a heavy burden of proof
Tribunal expects Landlord to investigate Third
party’s allegations and to respond promptly
and adequately
Study of Tenancy Tribunal case law
RTA section 15 – Common themes
Landlord’s response must be effective and
proportionate – depends on circs
Tribunal expects Third party to act reasonably and
not aggravate situation
Tribunal tends to award higher damages than
Adjudicator
Regulatory framework
seriously flawed & not fit for purpose
- Overly complex – not user friendly
- Lack of awareness of rights and obligations
- Lack of up to date information & analysis
published on developments in PRTB case law
Regulatory framework
seriously flawed & not fit for purpose
- Unacceptable delays in dispute resolution
process
Adjudication: 8-10months
Tenancy Tribunal (Appeal): 4-6months
- The enforcement challenge
Enforcement proceedings in Circuit Court and/or
Criminal Prosecution in District Court
Potential solutions
- Prioritise amendment of RTA
Amendment Bill is expected to be published
during current Dáil session
- Greater emphasis on information, education and
awareness – for both landlords and tenants – to
avoid disputes in first instance
- More specific obligations in tenancy agreements
Potential solutions
Review effectiveness of current dispute
resolution mechanisms and associated
enforcement activity
Address dearth of research – in particular legal
analysis of RTA and its implementation in
practice
Adequate resources for PRTB