Dáil Éireann Debate, Thursday - 18 December 2025
523. Deputy Sean Fleming asked the Minister for Housing, Local Government and Heritage his views on a general scenario between a landlord and a tenant (details supplied); and if he will make a statement on the matter. [73666/25]
View answerThe Residential Tenancies Board (RTB) was established as a quasi-judicial, independent statutory body under the Residential Tenancies Acts 2004 - 2025 (RTA) to facilitate the resolution of residential tenancy disputes and operate a national tenancy registration system.
To lawfully terminate a tenancy on grounds of rent arrears, the RTA requires that a landlord must first serve the tenant with a written warning notice, and copy it to the RTB, seeking payment of the amount of rent arrears within 28 days of receipt of the notice. Where the rent arrears are not so paid, the landlord may serve a 28 day Notice of Termination (NoT) on the tenant on the grounds of rent arrears and copy it to the RTB; if not so copied, the NoT is invalid.
Upon receipt of a rent arrears warning notice, the RTA requires the RTB to provide information to enable the tenant to get advice from the Money and Budgeting Advice Service (MABS), and to help the tenant to get such advice, if the tenant so wishes. The RTB is also required to provide tenancy information to both the tenant and the landlord upon receipt of a notice of termination grounded on rent arrears. The objective is to ensure that early action is taken to address rent arrears, to the benefit of both the tenant and the landlord.
The RTB prioritises cases involving rent arrears and over-holding. Enforcement is an important function of the RTB.
When landlords, tenants and third parties bring disputes to the RTB through mediation, adjudication or tribunal, they receive a legally binding Determination Order, which, if not complied with, can be enforced through the District Court through two enforcement options.
With the first option, a landlord or tenant can request Legal Assistance from the RTB through its Legal Assistance Programme. This is a programme whereby the RTB assists parties to enforce Determination Orders through a panel of solicitors local to each District Court.
Further information on the programme and how to make an application can be found at: rtb.ie/wpcontent/uploads/2025/05/Application_request_legal_assistance_enforcing_Determination_Order_07102021.pdf
Requests for Legal Assistance in urgent cases are prioritised, this includes cases concerning over-holding, serious rent arrears, the non-return of deposits and unlawful termination.
The second option allows a landlord or tenant to take their own enforcement proceedings in the District Court. In order to support parties who wish to take their own enforcement proceedings, the RTB have developed a step-by-step guide to the new process in the District Court which can be downloaded at: rtb.ie/ga/wpcontent/uploads/2025/05/RTB_Guide_to_taking_Enforcement_Proceedings_A5_FINAL_VERSION.pdf
Prior to 2004 when the RTB was established, any dispute between a landlord and a tenant was resolved through court proceedings. The courts process was costly and time consuming for the parties involved.
The Programme for Government - Securing Ireland's Future, published on 23 January 2025, commits to continuing its support for renters and landlords. This includes measures to protect renters and landlords from abusive practices by enhancing the enforcement powers of the RTB and establishing statutory deadlines for dealing with complaints.
On 14 October 2025, the Government approved the General Scheme of the Residential Tenancies (Amendment) (No. 2) Bill 2025, which is now the subject of priority drafting by the Office of Parliamentary Council and pre legislative scrutiny by the Joint Oireachtas Committee on Housing, Local Government and Heritage. The Bill will amend the current system of rent controls and provide new measures to protect tenants, including stronger security of tenure, to come into effect for new tenancies created on or after 1 March 2026. The impending Bill is informed by a review of the Rent Pressure Zones (RPZs) carried out by the Housing Agency, as requested by the Department. The General Scheme of the Bill includes provisions to enhance the implementation and enforcement of the RTA and outcomes thereunder for both landlords and tenants.
