Guide to mediation - Residential Tenancies Board

Guide to mediation

Mediation is a free service to help landlords and tenants resolve tenancy issues. A mediator talks to both parties separately and helps to get a resolution everyone agrees with. Find out how mediation works and how to apply.

What is mediation and how can it help?

If you cannot resolve a tenancy dispute by self-resolution, you can apply for mediation.

Residential Tenancies Board (RTB) mediation is:

  • Free, voluntary, and confidential.
  • Our default way to resolve disputes.
  • Faster than adjudication.
  • Usually conducted over the phone but can also be in person or by video call.
  • Available without any need for legal representation from a solicitor or barrister.

Our mediators talk to everyone involved to learn about the situation. They explain everyone’s rights and legal obligations. You do not have to speak directly with the other party.

If you reach an agreement, it is legally binding and a document called a Determination Order is made. Mediation Determination Orders are confidential and are not published on RTB’s website.

In 2024 the average time to resolve a mediation case was 7 weeks.

Who can apply for mediation?

  • Tenants
  • Landlords
  • Someone not directly connected to the tenancy. For example, a neighbour affected by a tenant’s behaviour

Types of disputes you can refer for mediation

  • Rent arrears (when rent has not been paid)
  • Overholding (when a tenant stays in the property after the end date of the tenancy)
  • Validity of notice of termination (to confirm the notice to end the tenancy is legal)
  • Breach of landlord’s obligation (landlord has not followed the terms of the tenancy agreement or their legal responsibilities)
  • Standard and maintenance of dwelling (property is not maintained)
  • Deposit retention (deposit has not been returned at the end of the tenancy)
  • Breach of tenant obligation (tenant has not followed the terms of the tenancy agreement or their legal responsibilities)
  • Anti-social behaviour
  • Damage exceeding normal wear and tear
  • Validity of rent review (is the rent review lawful)
  • Rent is more than market rate
  • Rent review is not in line with Rent Pressure Zones (RPZ)

Time limits for referring disputes

You must refer certain types of disputes to the RTB within these timeframes.

Type of dispute Time frame for referral
Disputes about rent Within 28 days of the tenancy ending
Disputes about notices of termination Within 90 days of getting the notice, if you have met your tenant obligations. Or
Within 28 days of getting the notice, if you have broken your tenant obligations.
Disputes about rent increases Before the rent increase takes effect or within 28 days of receiving formal notice of the new rent.

The RTB may extend these limits in exceptional circumstances. The RTB Board must consider and approve all requests to allow a late application.

Can I withdraw my application?

You can withdraw your application any time before the Determination Order is issued. Let us know as soon as possible.

Can I settle with the other party?

You can reach an agreement at any stage. If this happens, the applicant must tell us to withdraw the case.

How mediation works

You can apply for free phone mediation through the RTB Dispute Resolution Centre or by post or by email. The other party in the dispute will get a letter telling them an application has been made to the RTB.

  • Both parties will receive a date and time for the phone calls (the mediation hearing).
  • The mediator will phone each person separately to understand and resolve the dispute. You do not have to speak with the other party involved.

The hearing lasts up to 1.5 hours.

If more than one person is applying, choose one person to be the main contact for the mediator.

An interpreter or translator is available. Let us know if you need one when you apply.

If I need to change the date or time

You can ask to change the date or time (adjournment) of your mediation hearing only in exceptional cases. Work or college commitments are not considered valid reasons.

To request an adjournment:

  • Send your request in writing
  • Include proof to support your request

If you cannot attend, you may nominate someone else.

If you do not attend without giving notice, the mediator will assume you have withdrawn the application.

How to prepare for mediation

Mediation works best when both parties are open to finding a fair solution.

Before the hearing, you should:

  1. Complete a Mediation Position Statement – this helps the mediator know what is important to you and what to focus on.
  2. Submit any supporting documentation – while mediation is not based on evidence, you can choose to submit any supporting documentation you feel is relevant to the case, for example the notice of termination or notice of rent review. Black out or redact any sensitive information. Read our guide to evidence.

These documents are not shared with the other party unless the case moves to adjudication or tribunal.

What happens during a mediation hearing

Each party appoints one contact person, who will make decisions about the dispute.

On the day of the hearing, the mediator contacts both parties separately. They call the applicant first, followed by the respondent. Calls may be 30 minutes apart or longer.

The mediator gathers both perspectives and guides the discussion to reach an agreement. The mediator does not impose a solution but helps find a fair resolution.

It’s best to join the discussion with a positive attitude and a willingness to compromise.

Outcomes following mediation hearing

Depending on the outcome, there are a few possible next steps.

  • If you reach an agreement, a legally binding Determination Order that includes the agreed terms is made (usually within 2 weeks). The agreement remains confidential and is not published on our website.
  • If you don’t reach an agreement, you can apply for an adjudication or appeal to a tribunal. Adjudication is another RTB dispute resolution service based on the evidence and the law.
  • Either party can appeal the outcome of a mediation to a tribunal hearing. You must apply within 10 calendar days.
  • If no agreement has been reached and no appeal to a tribunal is made, the case is closed.

Apply for free mediation

The easiest way to apply for mediation is to apply online through the RTB Dispute Resolution Centre.

If you can’t apply online, you can download and complete the application form. 

Submit the application by: 

Email: disputes@rtb.ie 

Post: RTB, PO Box 13841, Freepost FKY7736, Killorglin, Co Kerry

 

Contact us

If you have questions or need to update us on your details:

Call: 0818 30 30 37 or 01 7028100

Email: disputes@rtb.ie