Investigation process

The RTB treats all possible breaches of rental law seriously. We use our full powers to investigate and sanction landlords when we see deliberate and ongoing non-compliance.

We can start an investigation:

• On our own initiative: when we believe a landlord may have engaged in improper conduct.
• After receiving a report (concern): when someone informs us about a potential breach.
• After receiving a formal complaint: when a written complaint is submitted to us for investigation.

Who conducts the investigation

All investigations are carried out by Authorised Officers appointed by the RTB.

These officers have significant legal powers to gather evidence and determine if improper conduct has taken place.

Landlords are informed of the officer handling the case in the Notice of Investigation letter.

Stages of an investigation

Once the RTB begins an investigation:

• An Authorised Officer is appointed to investigate the case.
• The Authorised Officer gathers evidence to support the allegation of the breach. This can include publicly available documents, documents requested from other public bodies or evidence gathered from an inspection of the tenancy or interviews with tenants.
• The landlord receives a Notice of Investigation. They now have 21 days to admit the breach in writing and to send an Acknowledgement Form.

If all breaches are acknowledged:

The case will go to an independent Decision Maker appointed by the RTB. They decide whether to impose a sanction and how much it should be.

If the landlord disputes some, or all, of the alleged breaches:

• The Authorised Officer collects further evidence through documents, inspections, interviews and oral hearings.
• The Authorised Officer sends a draft Investigation Report to the landlord (and complainant if there is one). They now have 21 days to submit a written response.
• The Authorised Officer submits a final Investigation Report to an independent Decision Maker appointed by the RTB. They decide whether to impose a sanction and how much it should be.

The RTB issues a Decision Notice:

• The landlord has 21 days to appeal to the Circuit Court.
• If no appeal is lodged, the Circuit Court confirms the sanction.
• The RTB publishes the sanction.

What happens during an investigation

Powers of Authorised Officers

Authorised Officers have the power to:

• Request information or records from the landlord or from organisations such as Revenue or local authorities.
• Require individuals associated with the tenancy to attend meetings and answer questions
• Inspect and examine private properties (with consent or a court warrant)
• Conduct oral hearings if needed

Gathering evidence

As part of the investigation, the Authorised Officer can collect evidence in different ways. Requests for evidence will be sent to you in writing.

The first request will be included in the Notice of Investigation, and additional requests can be made as the investigation progresses.

Evidence collected can include:

• Documentary evidence: bank statements, emails, letters, photos, advertisements, and witness statements.
• Interviews: individuals with relevant information may be required to provide testimony under oath.
• Oral hearings: are held privately, these hearings help resolve factual disputes.
• Inspections: a property may be inspected with consent or a court warrant, if needed.
• The case will go to an independent Decision Maker appointed by the RTB. They decide whether to impose a sanction and how much it should be.

Information for complainants

Will I get updates about the investigation?

If you made a formal Complaint: you will be updated at certain key stages and get relevant documents.

If you reported a concern: you will not receive updates if the information you provided leads to an investigation.

Attending an oral hearing

Some investigations require an oral hearing (many investigations will not). The decision will be made by the Authorised Officer or later by the Decision Maker.

If a hearing is required, the Authorised Officer or Decision Maker will decide who needs to attend. The RTB will notify attendees and arrange any supports needed (for example, translation service).

Hearings are private and confidential to those attending.

Co-operating with the investigation

Landlords and other involved parties are expected to cooperate with the investigation.

If you refuse to comply

Refusing to comply with an Authorised Officer’s request can have legal consequences.

The RTB can ask the District Court to issue an order requiring you to comply.

Obstructing an Authorised Officer, withholding or destroying evidence, or providing false information is a criminal offence. If found guilty, you can be:

• Fined up to €50,000
• Imprisoned for up to 5 years
• Both fined and imprisoned.

Investigation reports

Draft Investigation Report

Once the investigation is complete, we will issue a Draft Investigation Report to the landlord and the complainant (if applicable).

The draft report outlines the Authorised Officer’s findings and evidence they relied on to reach their decision.

Landlords and complainants have 21 days to submit written responses to the draft report (for example, to correct mistakes you think are in the report).

Investigation Report

After reviewing any responses received, the Authorised Officer submits a final Investigation Report to an independent Decision Maker. The Decision Maker determines if a breach occurred and if sanctions are necessary. Find out more about sanction decisions and next steps.