The following guide from Threshold may help with how to go about resolving a dispute with your landlord.
An application for Dispute Resolution can be made by registered landlords and all tenants (regardless of whether the tenancy is registered or not) and Third Parties, who are affected by a landlord’s failure to enforce their tenant’s obligations (e.g. another tenant or a neighbour affected by a tenant’s anti-social behaviour) can also take a case against the landlord. See this section of their website for further details.
Tenants, please note that rent must, by law continue to be paid pending the resolution of a dispute before the PRTB.
Landlords, the onus is on the landlord to maintain and produce proper business records to justify the retention of a tenant’s deposit.
Landlords, must serve a valid Notice of Termination, as prescribed by the Act, and samples are available on the PRTB website.
The PRTB are happy to assist in providing information on landlord and tenants rights and obligations as set out in the Residential Tenancies Act 2004. Given the Dispute resolution role of the PRTB, they are prohibited from providing advice to either party. The PRTB however do have helpful guidance and checklists available on our website http://prtb.ie/dispute-resolution/disputes These include;
The security deposit is considered the lawful property of the tenant, until the landlord establishes a right to it.
Tenants are entitled to a refund of the deposit paid at the commencement of the tenancy where there is no rent owing or other charges or taxes (e.g. utility bills, refuge bills, insufficient notice given etc.) in respect of the tenancy and there is no damage to the dwelling beyond normal wear and tear at the end of the tenancy.
If a tenant wishes to terminate a fixed term tenancy before the expiration of the fixed term they should seek the landlord’s written consent to assign or sub-let the tenancy. If the landlord refuses consent, the tenancy may then be terminated by the tenant serving a valid notice of termination with the required amount of notice. The notice must specify the reason for termination.
If you believe that your landlord is unjustifiably retaining your deposit, you may take a case against your landlord by submitting an online application with a €15 fee via our website www.prtb.ie or alternatively submitting a paper application with a €25 fee.
When you go to a hearing, you will be expected to have submitted all the evidence you believe proves your case. Original documentation should not be submitted as it will not be returned by the PRTB but it should be made available at the hearing.
Typical types of evidence include
|Deposit Retention Case
|Letting agreement / Evidence of Payment of Deposit, Rent / Notices of Termination / Inventory and Condition Report on commencement of tenancy and end of tenancy /Witness Statements / Bank Statements / Dated Photographic Evidence / Outstanding Utility Bills / Cleaning or Redecorating Invoices
|Notice of termination / Overholding / Rent Arrears / Rent Arrears & Overholding
|Letting Agreement / Warning Notices for Non-payment of Rent / Notices of Termination & Proof of Service if available / Bank Statements / Receipts / Correspondence
|Letting Agreement / Notices of Rent Increase / Information on rent payable for dwellings similar in size, type, character and location, Rent index
|Standard & Maintenance of Dwelling
|Letting Agreement / Inventory & Condition Report on commencement of tenancy / Notices bringing the matter to the attention of Landlord or Tenant / Dated Photographic Evidence / Cleaning or Redecorating Invoices /
|Anti - Social Behaviour
|Dated Photographic Evidence / Log of Events / Garda Reports / Witness Statements / For Third Party applications - Evidence that Landlord has been made aware of Anti-Social Behaviour of Tenant
The PRTB would encourage parties to visit our website which has all the information you need at www.prtb or call us on 0818 30 30 37. The below listed organisations may also be able to assist you further.
|Name of Organisation
|Dublin – 01678 6096
Cork 021 427 88 48
Galway 091 563 080
|Union of Students in Ireland (USI) Accommodation Officers
|Fear of Homelessness
|1800 454 454
|Residential Landlord Association of Ireland (RLAI)
|085 866 2743
|Irish Property Owners Association (IPOA)
|Institute of Professional Auctioneers and Valuers (IPAV)
|Contact form on the website
|Landlord or Tenant
|The Money and Budgeting Advice Service (MABS) provides money advice
|0761 07 2002
|Landlord or Tenant
|Citizens Advice Bureau
|Landlord or Tenant
|Free Legal Advice Centre FLAC
|1890 350 250
- While the Accommodation Office is not a regulatory body in matters of accommodation and do not vet any properties or landlords, we may be able to offer you guidance or assistance. Please do contact us to discuss further.
Sharing with a Property Owner
•The normal landlord and tenant laws do not cover this situation and disputes
•It is recommended in these arrangements that both parties draw up a written agreement to cover issues such as deposits, rent, bills, house rules and notice requirements. As a student this is very important to avoid conflict/disputes during the tenancy. If you do not have a written agreement then you will have difficulties that are not easily resolvable as both parties can disagree on any verbal arrangements.
Further advice is available as follows:
2. Citizens Information have helpful information on their website
Disputes in ‘rent a room’ tenancies, where the tenant shares a dwelling with the landlord, do not come under the legal jurisdiction of the PRTB. If you are in such an agreement then you can make a claim to the Small Claims Court. Claims for the non-return of a rent deposit for certain kinds of rented properties. For example, a holiday home or a room / flat in a premises where the owner also lives provided that a claim does not exceed €2,000. Information about the Small Claims Court is here.
While the MaynoothStudentpad Service is not a regulatory body in matters of accommodation and do not vet any properties or landlords, we may be able to offer you guidance or assistance. Please do contact us to discuss further.
Information on ending tenancies and notices of termination are available from the PRTB website here.