Residential tenancy dispute? Follow the landlordsolutions.ie guide on how to get through a PRTB hearing.
What to know
The PRTB can award damages against the landlord of up to €20,000 so retaining professional representation is advised in all cases. More and more, tenants are frequently being represented by advocates from Threshold (the National Housing Organisation), who are very familiar with the provisions of the Residential Tenancies Act 2004 (“the Act”) and present very well at the PRTB. In addition to their advocacy teams, Threshold also instruct barristers and solicitors when complex cases arise or when important issues are at stake.
Step 1 – How to refer a dispute
When referring a dispute, the following documents must be lodged with the PRTB:
1. A completed PTRB application form which can be found on their website
2. Letter of authority signed by the landlord
3. PTRB’s fee (currently €25)
Note that the PRTB is entitled to return an incomplete or invalid application. When the application is processed the PRTB will then set a date for the hearing. Where a tenant is over-holding and owes rent arrears you should ask the PRTB to expedite the case as the PRTB have an initial assessment process whereby more urgent cases can be prioritised.
Step 2 – Fail to Prepare, Prepare to fail!
One of the primary reasons for landlord failure at the PRTB is failure to prepare. When landlordsolutions.ie deals with a dispute we furnish a detailed written statement of the landlord’s case together with all supporting documentary evidence. This statement sets out clearly the factual background to the tenancy and the dispute, the legal basis for the landlord’s claim and the steps taken or any notices served pursuant to the Act. Examples of documents which may help a case include: the lease; rent book; bank statements; letters; emails; photos; invoices and statutory notices. We ensure that these supporting documents are arranged in a clear, accessible and chronological order, indexed and paginated. We also present PRTB case law to the adjudicators in support of our client’s case.
Once the referral has been processed, the PTRB will advise the landlord of the deadline for submitting any documents in advance of the hearing. The landlord must then inform the PRTB of any witnesses who will attend the hearing and also the identity of his representative. The landlord should be aware also that all documents submitted will be circulated to his tenant in advance of the hearing.
Step 3 – The Adjudication Hearing
It is important for you, the landlord, to be present. We recommend that you bring the originals of all supporting documents and retain a comprehensive hard copy file of all correspondence to include emails and text messages. Unless you are represented it is your responsibility to present the case and examine witnesses. Remember that significant damages can be awarded so be prepared !
When the hearing is concluded you may be waiting a number of weeks before a determination is issued and once the decision issues, both you and the tenant will have 21 days to appeal to the PRTB Tribunal. We advise that this step be considered wisely and any weaknesses of the case are identified. If no appeal is lodged within the 21 days the determination will become binding.
When we act for a landlord we will issue our opinion on the Adjudicator’s decision and indicate the likelihood of a successful appeal if that is an avenue which the landlord wishes to explore. Our success rate at the PRTB is extremely high and in many cases our clients are also awarded the costs of representation.
Step 4 – Appeal
An appeal form setting out your grounds of appeal together with the fee (currently €40) must be lodged with the PRTB within the specified time limit.
As before, representation is crucial. Your representative should have the written statement, supporting documents, and any witnesses prepared. If you want a witness to be subpoenaed you must ask the PRTB to do so in advance and we have now started to do this, particularly if a Garda is required to attend to give evidence.
The Tribunal is conducted in public by 3 tribunal members. It important for the landlord to prepare in earnest particularly given the power of the tribunal to find landlords liable for the costs of the hearing (if found to be non-cooperative costs orders can be up to €5000) as well as damages.
The Tribunal will then make a determination order. Either party can appeal to the High Court within 21 days on a point of law only. If there is no appeal, the Tribunal’s determination order becomes binding.
Enforcement of Determination Orders
If the tenant does not comply with a determination order, contact the PRTB and request that they enforce the order. landlordsolutions.ie can also assist with this. The PRTB has two options:
1. Criminal Prosecution in the District Court
This is the main method of enforcement of the PRTB. The Court may fine up to €3000 and/or up to 6 months imprisonment. There are further fines of €250 per day for continuing non-compliance.
2. Civil Proceedings in Circuit Court
The alternative is for the PRTB to issue proceedings in the Circuit Court (typically in cases of over-holding or significant rent arrears). The landlord can also make an application for a Circuit Court Order directly to enforce a determination order. If such an order is not complied with the Circuit Court Order can be enforced by for example, execution by the sheriff’s office.
Leave it to the professionals – Contact us at landlordsolutions.ie
Professional representation is vital during this process and dramatically increases the likelihood of a good result. For further information contact info@landlordsolutions.ie
This document contains a general summary of recent developments and is not a definitive statement of the law. Specific legal advice must be obtained before taking action based on the summary set out herein and landlordsolutions.ie take no responsibility for any loss or damage caused in reliance on the information herein.
