The Rights of Tenants and the PRTB.
If you are renting accommodation, you derive legal responsibilities from Landlord & Tenant Law, as well as from any lease or tenancy agreement between you and your landlord. Your rights, duties and obligations as a tenant include an entitlement to quiet and exclusive enjoyment of your home and certain minimum standards of accommodation. You have the right to contact the landlord or their agent at reasonable times and you are also entitled to the appropriate contact information when you need to do so. A landlord does not have the right to enter a tenants’ home without permission or to take or retain tenants’ property, even if they have not paid the rent.
If the landlord needs to carry out repairs or to inspect the premises, it should be by prior arrangement, except in an emergency. It should also be noted that you are entitled to reimbursement for any repairs that you carry out that are the landlord's responsibility. You are also entitled to have friends to stay overnight or for short periods, unless specifically forbidden in your tenancy agreement. You must however tell your landlord about an extra person moving in. You are entitled to a certain amount of notice of the termination of your tenancy. Perhaps most importantly, you are entitled to refer any disputes that you may have to the Private Residential Tenancies Board (PRTB).
If a dispute arises between you and your landlord, the best thing to do is to try to resolve it between yourselves. You should also make sure that you are aware of your rights and obligations and that your facts are correct. It is also wise to keep a record of all dealings with your landlord, as this will be useful in the event that a dispute does arise. It will not always be possible for Tenants and Landlords to resolve their disputes themselves and so it may be necessary to refer the matter to the PRTB
The PRTB was established as part of the Residential Tenancies Act 2004 to resolve disputes between landlords and tenants and to operate a system of tenancy registration. Landlords or tenants may refer disputes to the PRTB for resolution. Since September 2004, all landlords have been obliged to register new tenancies with the board. The dispute resolution process used by the PRTB is confidential and non-confrontational. It is an informal environment and you do not need legal representation. Landlords, tenants or other parties who have been directly affected (e.g. neighbours) can initiate the dispute resolution process. Landlords must be registered with the PRTB in order to use the service. However, tenants can use the service even if their landlord has not registered the tenancy.
The service covers disputes about deposits, lease terms, termination of tenancies, rent arrears, market rents, complaints by neighbours, breaches of statutory obligations by either landlord or tenant and any other matters related to the tenancy.
The process consists of two stages. The first stage is a confidential mediation or adjudication. Mediation means that the parties are helped to come to an agreement together. Adjudication means that the adjudicator makes a decision that may or may not reflect any agreement reached between the parties. The parties then decide whether they are willing to accept this decision. If the parties do not wish to accept the mediator or adjudicator’s decision, the dispute can be appealed to the Tenancy Tribunal within 21 days. In relation to fees, the person who initiates the process has to pay a fee of €25. There may be a further fee if the parties progress to a hearing before a tenancy tribunal.
A mediated agreement or the decision of the adjudicator or the Tribunal results in a determination order from the Board. It is important to note that any agreement reached with the help of the PRTB or adjudicated by the PRTB is legally binding on both parties.
It should be noted that there are significant delays with the process, both with respect to getting a hearing date and, thereafter, with respect to getting a Determination Order that can be enforced. It can take three months for an adjudication decision in writing and if it is appealed then a further 6 month delay can be endured. The best advice is to seek to agree matters or avail of mediation.
Mullins Lynch Byrne
Solicitors
Melbourne House
Model Farm Road,
Cork
