Guide to evidence

How evidence is used to resolve disputes

Evidence helps you prove that something happened or did not happen.  It helps you with your tenancy dispute and getting a solution.

Examples of evidence include documents, photos, and receipts. Both tenants and landlords should collect relevant evidence to support their case.

Find out how evidence is used in mediation, adjudication and tribunals.

Mediation

Mediation is a free dispute resolution service.  Both parties work together with the mediator to find a solution to the dispute.

Mediation is not evidence-based, however either party can choose to submit any supporting documentation they feel is relevant to the case. This evidence is not shared with the other party.

If the dispute cannot be resolved by mediation and moves to a tribunal, the evidence submitted at mediation is shared with everyone involved.

Adjudications and tribunals

Adjudications and tribunals are both focused on the evidence.  All parties can submit evidence to support their case.

The independent decision-maker assesses the evidence to decide how to resolve the dispute.

In an application by a third party (for example, a neighbour), the case is taken against the landlord. The tenants are told about the case and get copies of all the evidence submitted.

Types of evidence to submit

You should only submit evidence that supports your case. This can include:

• Communications between the people in the dispute, including emails, letters and text messages
• Bank statements
• Utility bills, receipts and invoices
• Photo or video evidence
• Letting agreements or a copy of the lease
• Witness statements

Suggested evidence types for dispute cases

Here are some types of evidence you can submit, depending on the dispute. This list is a guide. You can submit other relevant evidence that applies to your situation.

Deposit retention case

• Letting agreement
• Evidence of payment of deposit or rent
• Inventory and condition report at the start of the tenancy and end of the tenancy
• Witness statements
• Bank statements
• Photographic evidence
• Outstanding utility bills
• Cleaning or redecorating invoices

Notice of termination, overholding, rent arrears and overholding case

• Letting agreements
• Warning notices for non-payment of rent
• Notices of termination and proof of service (if available)
• Bank statements
• Receipts
• Correspondence between the parties involved in the case

Rent review case

• Letting agreements
• Notices of rent increase
• Rent index report – see RTB data
• Information on rents for properties similar in size, type, character and location

Standard and maintenance of property case

• Letting agreement
• Correspondence between the parties involved in the dispute
• Photographic evidence
• Invoices or receipts for repairs or works

Anti-social behaviour case

• Photographic evidence
• Log of events
• Garda reports
• Witness statements
• In third party applications (for example, a neighbour): provide evidence the landlord is aware of the tenant’s anti-social behaviour.

Protecting personal data in your evidence

What is personal data?

Personal data is private information that can be used to identify someone. This can include their name, address, phone number, email, or bank account details.

It also includes unauthorised videos of people involved in a dispute.

To protect personal data, black out or redact all personal data and confidential information in your evidence. We are not responsible for blacking out any personal data.

How to organise your evidence

Put all the evidence together in a way that someone who doesn’t know about the case can understand.

• If you have a lot of documents, order them by date
• Number the pages
• Group relevant evidence and documentation together
• Write a cover note that lists everything that’s included

When and how to submit your evidence

Submit your evidence by email

To submit your evidence by email:

• You must send all evidence at least 5 days before the hearing.
• Save the evidence files on your computer.
• Black out or redact any personal data and confidential information that are not related to the case (for example, bank details).
• Put the case reference number in the subject line.
• Send the evidence by email to disputes@rtb.ie

Submit your evidence by post

If you are submitting evidence by post, it must arrive at least 5 days before your hearing date. This gives us time to process the documents.

• Black out or redact any personal data and confidential information that are not related to the case (for example, bank details).
• Quote the case reference number.
• Submit all your evidence in one batch by post: Dispute Resolution Section, RTB, PO Box 47, Clonakilty, Co. Cork.

What happens to evidence submitted to the RTB?

We scan and archive all documents submitted.

Do not send us original copies of any documents. It will not be returned.  However, it is important to bring original documentation to the hearing in case we need to check it is authentic.

We have the right to black out personal data if there is a question about its relevance or the protection of a person’s rights and freedoms.

Any circulated materials are only for the hearing and cannot be used for any other reason.