Residential Tenancies
guidance on landlord-tenant disputes and housing rights
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Landlord and Tenant Rights
The law governing residential tenancies between landlords and tenants has become heavily regulated in recent years, with recent changes including provisions relating to the duration of student tenancies and limits on the amount that can be sought as a deposit.
Where a landlord and tenant cannot agree, the dispute will be dealt with by the Residential Tenancies Board ("RTB"). In the first instance, the matter will be determined by a single adjudicator, and then can be appealed to an RTB Tribunal. The decision of the three-member Tribunal will be final unless appealed to the High Court on a point of law. What this means is that the High Court will not make a new decision based on whether it agrees with the decision of the RTB. Instead, its consideration will be limited to whether the RTB reached the decision lawfully, in other words, that it acted within the legislation and did not reach a decision that was irrational or based on irrelevant factors.
In light of the severe shortage of affordable housing, it is particularly important to understand your rights in the context of eviction. Following the lifting of the previous eviction ban, you can be evicted even when you are not at fault and are up-to-date with the rent. This includes when the landlord proposes to sell the property or requires it for a relative. Strict regulations apply and where they are not adhered to, this may invalidate the eviction.
For more information or to explore your options, please get in touch. Understandably, the costs of instructing a lawyer can be of particular concern in these cases, but differing billing options can be considered to suit your needs.
RTB Dispute Process
Adjudicator
Dispute initially determined by a single RTB adjudicator who reviews the case and makes a decision.
RTB Tribunal
Decision can be appealed to a three-member Tribunal which conducts a fresh hearing.
High Court Appeal
Final appeal to High Court on points of law only - court reviews if RTB acted lawfully, not whether decision was correct.
Understanding Eviction Rights
You can be evicted even when not at fault and up-to-date with rent (e.g., landlord selling property or requiring it for a relative). However, strict regulations apply. Non-compliance may invalidate the eviction.
Key Points
Heavily regulated in recent years
RTB handles disputes
Three-stage process: adjudicator, tribunal, High Court
Eviction possible even without tenant fault
Strict regulations for valid eviction
Flexible billing options available
Flexible Billing Options
Understanding that legal costs can be a concern in tenancy disputes, the practice offers flexible billing options to suit your needs.
The above is a general commentary on the law and does not constitute legal advice for your particular circumstances.
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