Dáil Éireann Debate, Tuesday - 27 January 2026
608. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage his views on whether the Rental Tenancy Board has sufficient powers to support landlords that are seeking to recoup rent arrears from tenants that have vacated their property; and if he will make a statement on the matter. [5494/26]
Amharc ar fhreagra609. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding any review of existing powers of the Rental Tenancy Board that would seek to give the organisation greater powers to enforce rental regulations; and if he will make a statement on the matter. [5495/26]
Amharc ar fhreagra610. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage his views on whether it is appropriate for the Rental Tenancy Board to support a landlord with an attempt to recoup rent arrears from tenants that have vacated their property; and if he will make a statement on the matter. [5496/26]
Amharc ar fhreagraI propose to take Questions Nos. 608, 609 and 610 together.
The Residential Tenancies Acts 2004 to 2025 (RTA) regulates the landlord-tenant relationship in the rented residential sector and sets out the rights and obligations of landlords and tenants. The Residential Tenancies Board (RTB) was established as an independent statutory body under the RTA to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
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: https://rtb.ie/resources/category/disputes/.
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: https://rtb.ie/wp-content/uploads/2025/05/RTB_Guide_to_taking_Enforcement_Proceedings_A5_FINAL_VERSION.pdf.
Prior the RTB was established in 2004, any residential tenancy dispute between a landlord and a tenant was resolved through court proceedings. The courts process was costly and time consuming for the parties involved.
Under Delivering Homes, Building Communities 2025-2030, the Government will provide increased levels of funding to the RTB for dispute resolution and enforcement activities to minimise dispute resolution timelines and to ensure effective outcomes for both landlords and tenants. My Department and the RTB keep the operation of the RTA and the residential rental sector under constant review with a view making any necessary legal change.
