Iompar míchuí a adhmháil

If you’re a landlord who has received a Notice of Investigation (NOI) from the Residential Tenancies Board (RTB), this page will help you understand how to acknowledge allegations of improper conduct.

Acknowledging improper conduct can shorten the investigation process and show you want to cooperate. This page should be read alongside the Residential Tenancies Act 2004.

Find out about the role of Authorised Officers and Decision Makers in the investigation process.

What does it mean to acknowledge improper conduct?

By acknowledging improper conduct, you admit the past or ongoing breaches of rental law that have been outlined in the Notice of Investigation you received.

It also gives you the opportunity to outline any actions taken to correct this breach, for example repay overpaid rent or registering a tenancy. Once acknowledged, the RTB’s Authorised Officers will not investigate the matter further. To acknowledge improper conduct:

• Complete the Acknowledgement Form, filling in the details of the acknowledgment and outlining any actions taken to rectify the breach.
• Submit it within 21 days of receiving the NOI.
• If represented by a solicitor or agent, the landlord must still sign the form personally.
• For corporate landlords, an authorised representative must sign the form.

Do I need to acknowledge all allegations?

No, you can acknowledge some or all of the allegations. A Decision Maker considers acknowledgements when determining sanctions.

If all breaches are acknowledged

The case will not move to a full investigation. Instead, a Decision Maker will decide appropriate sanctions based on your admission and submitted documents.

If only some breaches are acknowledged

The RTB will investigate the remaining issues before making a final decision.

What happens after I make an acknowledgement?

Once the RTB receives your acknowledgment the Authorised officer may contact you to clarify the details of the acknowledgment or to gather further evidence of the acknowledgment.

If they are satisfied that the breach has been acknowledged they will not investigate the matter further and it will be sent to a decision maker.

When a Decision Maker decides if they will impose a sanction and decides the level of sanction, they will consider:

• If you acknowledged the improper conduct.
• The seriousness of the improper conduct.
• The duration of the improper conduct.
• The level of cooperation you have shown during the investigation.
• Any explanation provided.
• Actions taken to stop the improper conduct and address its consequences.
• If the improper conduct continued after you were notified of the investigation.
• Any financial gain you made because of the improper conduct.
• Any loss or costs caused due to the improper conduct, and any steps you took to fix these.
• Any reoccurrence of improper conduct.
• Whether you have previously faced sanctions for similar improper conduct.

The Decision Maker may hold an oral hearing if needed to help them make a decision or to make sure fair procedures are followed.

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.

Learn more about decisions and sanctions.

Correcting rent and refunds

If you have broken Rent Pressure Zone (RPZ) rules, you must:

• Clearly state overcharged rent details.
• Use the RTB RPZ calculator to determine the correct rent.
• Provide a new calculation if different rent dates or amounts apply, with an explanation why you used the alternative date or rent amounts.

You can use our worksheet to help you calculate overpaid rent.

Refunds of overpaid rent

If you have refunded the overpaid rent to the tenant, provide proof of refund (for example, bank statements, EFT transfers, receipts). Or, you can ask the tenant to contact the Authorised Officers directly to confirm the refund. If you repaid the amount through rent discount, include proof of the agreement.

Reducing rent for ongoing tenancies

If the rent has been reduced, state the new rent amount. Provide supporting documents such as:

• Tenant communications confirming new rent amount.
• Updated lease agreement.
• RTB tenancy registration or update confirmation.
• HAP documentation (if applicable).

What to include in the Acknowledgement

When acknowledging improper conduct you should complete and sign the Acknowledgement Form under each allegation being admitted. The completed form must be returned to the RTB within 21 days of receiving the NOI. Supporting information may include:

• Explanation of any mitigating circumstances.
• Steps taken to end the improper conduct.
• Steps taken to fix the consequences of the improper conduct.
• Any additional relevant information.

Supporting documents (examples)

Below is a list of supporting documents you may want to include with the Acknowledgment. This is not a mandatory or complete list.

Updating tenancy details during an investigation

If tenancy details change during the investigation (for example, changes to rent), you must update your tenancy registration details with the RTB.