Faster, Better, Cheaper – Enforcement of PRTB Determination Orders

Property prices continue to rise throughout the country and this has had the knock-on effect of forcing people to save for higher deposits in order to get on the property ladder. The net result of this is that the number of people in rented accommodation is continuing to rise. Unfortunately, monthly rent prices also continue to soar and defaulting rental payments amongst other issues has meant that there is a significant number of disputes between landlords and tenants being reported. Disputes between landlords and tenants are typically referred to the Residential Tenancies Board (“RTB”). Once the dispute is referred to the RTB they will gather all of the required information and hold an adjudication hearing. At this hearing both the landlord and the tenant will be heard and are entitled to bring a representative with them. Typically, they will attend by themselves. However, in certain circumstances they will seek to have a solicitor or auctioneer represent them before the hearing. Sometime after the hearing the RTB adjudicator who conducted the hearing will issue his or her report. This report will give a synopsis of the hearing and will also set out the findings of fact and what the determination of the RTB is. This adjudication report is issued to both the landlord and the tenant and if the proposed determination in the adjudicators report is not appealed by either side within 10 working days of the date of receipt of that report then the RTB will issue the determination order under section 121 of the Residential Tenancies Act 2004 and it will be binding on both sides to the dispute.
However, it should be borne in mind that it is open to either party to appeal the decision of the adjudicator to the Tribunal of the RTB, provided that they do so within the 10 days. The RTB tribunal typically consists of a three-person panel. The tribunal hearing is essentially a De-Novo hearing unless the parties agree to limit the scope of the hearing to certain issues. This essentially means that the tribunal can hear the case afresh. It is important to note that the Tribunal is also quite informal and the landlord and tenant are entitled to be heard themselves or have a representative speak on their behalf.
The tribunal will not issue its decision immediately after the hearing. Instead it will notify the RTB of its decision who will then issue a determination order to the landlord and tenant. The determination order may then be appealed within 21 days to the High Court. However, the appeal to the High Court can only be on a point of law.
Once the determination order is issued, whether its from the adjudication hearing or from the Tribunal hearing, it will be binding on both parties unless it is appealed within the timeframe permitted under the act. Unfortunately, if either party will not comply with the terms of the determination order the party seeking to enforce the determination order will have to bring enforcement proceedings to the Court. There are two options open in this regard. They can make an application for the RTB to take enforcement proceedings in the courts on their behalf or they can take their own enforcement proceedings. More often than not the person seeking to enforce the determination order will issue their own enforcement proceedings and again more often than not this is done with the assistance of a solicitor.
The enforcement proceedings were typically issued in the Circuit Court which was a costly and cumbersome process. However, S.I No 69 of 2018 of the District Court Rules which was signed on the 26th day of February 2018 came into operation on the 23rd day of March 2018 and now permits enforcement proceedings of an RTB determination order to be brought in the District Court. Order93C of the District Court rules sets out the procedure which must be followed. Essentially the application must be made by way of Notice of Application and the proceedings must be brought in the court area in which the tenancy or dwelling concerned is or was situated. The rules also stipulate that the applicant must give the respondent at least 21 days’ notice of the application. The application must also be supported by a grounding affidavit. The grounding affidavit should set out and verify the facts relied on in the application.
If the respondent intends to oppose the application and the applicant is not the board then the respondent must give notice of such an intention to oppose and the grounds of opposition to the board and to the applicant no later than four days prior to the return date specified in the notice of application. The stamp duty on the new notice of application is €80 while the stamp duty on the grounding affidavit remains at €15.
This new procedure is far more cost effective and approachable than the historic Circuit Court enforcement procedure and it should ensure that the enforcement procedure is made more user friendly and perhaps most of all it should, in theory, mean that justice can prevail at a significantly expedited rate than if it was being brought in the Circuit Court. It will also ensure that applicants who have already had to go down the route of going to the RTB will not have to come up with the finances necessary to sustain a Circuit Court action.