Dáil Éireann Debate, Tuesday - 16 June 2026
604. Deputy Joe Neville asked the Minister for Housing, Local Government and Heritage if there are any Government bodies currently who can take cases to court on behalf of Irish tenants in relation to broader housing related issues, for example in a case where an OMC does not take responsibility for tenant issues; and if he will make a statement on the matter. [45960/26]
Amharc ar fhreagraThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004 to 2026 (the RTA) to operate a national tenancy registration system and to resolve disputes between landlords and tenants.
A dispute may be referred to the RTB under Part 6 of the RTA and information is available on www.rtb.ie with regard to its dispute resolution service.
Where there is a dispute between a landlord and tenant in respect of a failure of either party to fulfil their obligations under the RTA, or a dispute in relation to whether or not a tenancy exists, the dispute may be referred to the RTB for resolution.
If the tenant seeks to resolve a tenancy dispute via the RTB’s adjudication service and their landlord fails to engage in the process, the independent adjudicator can proceed with a hearing and make a decision based on the evidence before him or her. On the hearing of the complaint the RTB, if it considers it proper to do so, may make a direction that damages are paid to the tenant.
Section 15 of the RTA provides that a landlord of a dwelling has a duty to enforce the obligations of the tenant under the tenancy to a third party who may be affected.
Section 77 of the RTA provides that such third parties may, subject to certain conditions, refer a complaint to the Residential Tenancies Board (RTB) against a landlord who has failed to enforce the tenant’s obligations. However, a specific condition is that the third party complainant must have taken reasonable steps to resolve the matter by communicating or attempting to communicate with the parties to the tenancy concerned.
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. Further information is available at: www.rtb.ie/dispute-resolution-services.
There is no legal obligation on the RTB to enforce its Orders. However, non-compliance with Orders is taken extremely seriously. The RTB will provide Legal Assistance to enforce its Orders in as many cases as possible. If an RTB Determination Order is not complied with, there are two options for enforcement –
1. The injured party can seek help under the RTB Legal Assistance Programme to enforce a Determination Order through the District Court -
In order to provide legal assistance to people enforcing Determination Orders in the District Court, the RTB has set up a panel of Solicitors, local to each District Court, who have agreed to enforce orders on their behalf. The RTB is given a budget each year to provide assistance to those seeking to enforce its Orders, and it assists as many as possible within this budget, but cannot provide assistance to all who request it.
Requests for Legal Assistance in urgent cases are prioritised, this includes cases concerning overholding, serious rent arrears, the non return of deposits and unlawful termination.
or
2. The injured party takes their own enforcement proceedings in the District Court -
In order to support parties who wish to take their own enforcement proceedings, the RTB has developed a step-by-step guide to the process in the District Court which is available on its website.
Where non-compliance occurs, the RTB initially seeks to secure compliance by non-judicial means. Where non-compliance persists, the RTB will consider requests from injured parties to provide legal assistance to enforce the Order. The RTB has set out the policy and criteria it follows in this regard, which is available on its website.
Enforcement proceedings may involve the registration of the judgment of the Court and these judgments may then be published in the various Trade Gazettes, etc. The RTB website also displays the details of persons against whom it obtains court orders for any non-compliance with its determination orders.
If a party fails to comply with a Court order, the RTB may in certain circumstances seek further orders from the Court such as execution orders to engage the local sheriff to seize goods, orders for attachment on earnings and, in extreme circumstances, orders from the Court for attachment and committal.
The execution procedure is carried out in Dublin and Cork by Sheriffs and in other counties by County Registrars. Matters relating to the Sheriff fall under the remit of the Department of Justice.
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. Further information is available at: www.rtb.ie/dispute-resolution-services.
