Decisions and sanctions - Residential Tenancies Board

Decisions and sanctions

The Residential Tenancies Board (RTB) appoints an independent Decision Maker for each investigation case.

Decision Maker is an independent panel member who:

  • Reviews the Authorised Officer’s Investigation Report and any acknowledgments or submissions from the landlord and complainant.
  • Decides whether to impose a sanction and the nature of any sanction.

Decision makers are legal professionals with extensive experience in decision making roles.

Oral hearing by a Decision Maker

When necessary, the Decision Maker can conduct a private oral hearing.

  • Any relevant person can be called to attend (the landlord, complainant or another interested party).
  • Evidence may be taken under oath.
  • The landlord is entitled to bring a representative.

Sanction decision

The Decision Maker applies a balanced approach when deciding on sanctions. The following factors are considered:

  • Acknowledgment of improper conduct.
  • The seriousness of the improper conduct.
  • Any explanation given.
  • Actions taken to stop the improper conduct and address its consequences.
  • If the improper conduct continued after notification of the investigation.
  • The duration of the improper conduct.
  • The level of cooperation shown during the investigation.
  • Any financial gain made because of the improper conduct.
  • Any loss or costs caused due to the improper conduct, and any steps taken to fix these.
  • Any reoccurrence of improper conduct.
  • Any previous sanctions for similar improper conduct.

Possible sanctions

Sanctions can include:

  • A written caution.
  • A fine of up to €15,000 for each separate improper conduct.
  • Repaying RTB’s investigation costs up to €15,000.

Once a decision is made, a Decision Notice is issued to the landlord and any complainant.

Appealing a decision

If you disagree with the sanction, you can appeal to the Circuit Court within 21 days of receiving the Decision Notice from the RTB.

There is no appeal process within the RTB.

Submitting your appeal to the Circuit Court

Submit an appeal to the Circuit Court in the area where you live or where you carry out your business, trade, or profession.

For details on the relevant Circuit Court and its contact information, visit the Circuit Court website.

Each Circuit Court has a slightly different process, so you should contact them or your own legal advisors for information on submitting an appeal.

To submit an appeal, you can use the general appeal form (Form 50B) available on the Courts Service website.  The form must be accompanied by a Grounding Affidavit.

Circuit Court confirmation of sanctions

All sanctions must be confirmed by the Circuit Court. If no appeal is lodged within 21 days, the RTB applies to the Circuit Court for confirmation.

A sanction does not take effect until confirmed by the Circuit Court.

Any fines go to the government (the Exchequer), not the person who made the complaint.

Either the RTB or the landlord can appeal the Circuit Court’s decision to the High Court on a point of law.