ENFORCEMENT OF DECISIONS OF THE PRTB

We were interested to read this week of an application to the Circuit Court by the Private Residential Tenancies Board to enforce one of its orders. 

The application was brought on behalf of a landlord in relation to arrears of rent. The PRTB were seeking enforcement of their order for rent arrears and possession of the property. The Court heard that the tenant had not paid rent since 2011 and remained in possession of the property, building up very substantial arrears of almost €42,000. Judge Linnane directed that the tenant vacate the property within seven days of being served with the court order and granted judgment against the tenant for €41,809 and costs.

This situation is any landlord’s worst nightmare. It well illustrates the lengthy delays that landlords can face in securing final resolution of a dispute with their tenant. Furthermore, it is unlikely that the landlord in that case will be able to recover all the monies he is owed despite obtaining a judgment and an order for his costs. 

We recently represented a client before the Tenancy Tribunal of the PRTB. The other side put a proposal to us to settle the case prior to the hearing and we advised our client as to whether or not we would recommend the proposal to him. One factor in our advice to our client during settlement negotiations was that in circumstances where the other side did not comply with any order made by the Tribunal, enforcement of the order would add further costs and delay. The client ultimately decided that he was happy to accept the proposal and the case settled with our client receiving a favourable sum by way of damages. 

It is unfortunate that a potential difficulty with enforcement must be taken into account in such cases. However, it has to be an important consideration where such enforcement could take a considerable time and be ultimately unrewarded.

Rebecca Keatinge

Brophy Solicitors

LANDLORDS BEWARE!

We recently assisted one of our clients in securing a very positive outcome in a case before the Private Residential Tenancies Board. The case serves as a cautionary tale to any residential landlord attempting to compel their tenant to vacate a rented premises. Our basic message is to proceed with caution and in line with due process. 

We acted for the tenant in this dispute. He was in substantial arrears of rent and was accused of anti-social behaviour by his landlord. Some months before the matter came before the PRTB, the landlord in an attempt to compel the tenant to vacate the premises, attended the premises unannounced with three others including a locksmith. He proceeded to let himself into the premises and then made attempts to change the locks. It turned out that the tenants were in fact inside the premises and believed that the landlord was an intruder, breaking into the house. The Gardaí attended the scene and advised the landlord to make a complaint to the PRTB. 

When the case came before the PRTB, our client did not dispute the arrears of rent but strongly disputed the allegation of anti-social behaviour. He also complained about the landlord’s attempted break into the property and reported racist and abusive language used during the incident. 

The Adjudicator found overwhelmingly in our client’s favour. While the rent arrears were confirmed, the landlord was found to have been in “a most severe breach” of his obligations by attending the property with the intention of illegally terminating the tenancy. The award of damages in our client’s favour cancelled out the substantial rent arrears. In addition, all notices of termination served were found to be flawed and invalid and the landlord is essentially back to square one. 

The Residential Tenancies Act 2004 sets out extensive obligations on both landlords and tenants with respect of residential tenancies. It also stipulates circumstances and procedures for termination of any tenancy and notice requirements of any such terminations. 

This case shows that it is absolutely imperative that a landlord complies with his obligations under the Act, particularly his obligation to afford the tenant peaceful and exclusive occupation of the rented property. Any breach will be treated harshly and may invite a substantial award of damages against landlord. 

The PRTB website has helpful information about the relevant procedures. We also have extensive experience in this area and are in a position to advise both landlords and tenants on any issues that have arisen.

Rebecca Keatinge

Brophy Solicitors