Resolving Disputes Outside the Court System The Irish

Resolving Disputes Outside the Court System The Irish System Rosalind Carroll Director Residential Tenancies Board 1

About The RTB The overall vision of the RTB is “a well-functioning rental housing sector in Ireland that is fair, accessible and beneficial for all” – Registration – Dispute Resolution Services – Education and Awareness – Data, Guidance and Information

Overview • Rental sector in Ireland • Rights and Obligations • Methods of Dispute Resolution • Lessons Learnt 3

Activity in the Sector – Tenancies & Landlords 325, 000 Total Number of Tenancies 4

Properties with weekly rent of over € 300 up from 7% in 2013 to 25% in Q 2 2016 5

Before -Strict Formal Process • Disputes heard in the Circuit Court • Parties generally required the services of a solicitor and Counsel/ Barrister • Cases generally for vacant possession – no reality of recovering rent arrears • Strict Legal Process involved / Court Rules specifically applicable – Draft a Notice of Motion – what reliefs you are seeking – Draft and swear a Grounding Affidavit - set out the facts relied on – Prepare Exhibits – documents referred to in the affidavit – Request the Relevant Circuit Office to assigns a date for hearing – Serve the other party – Attend Court – After the Court Hearing apply for the Court Order – Serve the Court Order on the other party

The RTB • • • RTA 2004 - alternative dispute process Parties must still set out their case All correspondence must be circulated to the other party The other party has a right to respond RTB can do limited searches to locate current address if not known to the applicant party - tenants leaving no forwarding address Inexpensive € 15 euro on line € 25 hard copy Less formal surroundings and settings for hearings Due process and fair procedures are paramount All parties have a right of appeal

Landlord Rights • Set the rent in accordance with the Act • Receive the rent when due and in full • End the tenancy without reason in the first 6 months (unless a fixed term tenancy) • Kept informed of who lives in the property • Inspect the property periodically • Be informed of any repairs needed and be granted reasonable access 8

Landlord Obligations • • • Registration Provide records of payments and point of contact Carry out repairs to maintain the dwelling Provide written notice of any rent review Give notice of any inspections Provide a valid written notice of termination Refund any deposit promptly Insure the dwelling Provide refuse storage facilities 9

Tenants Rights • Dwelling in good condition and repairs carried out promptly • Contact details of landlord or their authorised agent • Return of deposit less any unpaid bills, rent owing or cost of damage beyond normal wear and tear • To receive/give written valid notice of termination • Peaceful and exclusive occupation • After initial six month period the right to stay in the dwelling for a further 5. 5 years (part 4 rights) 10

Tenants Obligations • Pay rent on time and in full; including during dispute resolution • Keep the dwelling in good condition • Inform landlord if repairs are required and allow access • Inform the landlord of who’s living in the property • Give written valid notice of termination • Do not allow or cause any damage to the dwelling • Pay for any damage that is beyond normal wear and tear • Not to engage in anti-social behaviour or allow others to • Comply with the terms of the tenancy agreement 11

Dispute Resolution Process 12

Mediation • • • Mediation is a free service Both parties must agree to engage Mediator facilitates an agreement Telephone Mediation process quick and informal Face to face Mediations facilitated where requested 13

Adjudication involves a hearing Can submit evidence prior to the hearing Hearing may still go ahead if one party does not show up After the hearing the Adjudicator submits a report Where no appeal is received a legally binding Determination Order is issued • Adjudication Reports are confidential but Determination Orders are published to the website • • • 14

Tribunals • Tenancy Tribunal - a new hearing • The case is heard by a panel of three people in public • The Tribunal make a decision, submit a report to the RTB and a legally binding Determination Order issues • Tribunal Reports and Determination Orders are published to the website • The Order may only be appealed on a point of law to the High Court 15

Disputes 16

Breakdown of Cases 2015 17

Education and Awareness 18

Lessons learnt • Underestimated no of registered tenancies • Major issues in processing cash and cheques for registration • Insufficient resources • Not trained appropriately to handle queries • Call numbers so high we couldn't actually deal with the actual work • IT not developed to handle dispute cases • One size does not fit all • Keep it simple

“ We are not a renting nation, we can rent for a while but not forever” 20

Thank You www. rtb. ie Email: rosalind. carroll@rtb. ie 21