Any Landlord here with experience of RTB Mediation ?

Michelle_B

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I have my 1st mediation hearing next week with the RTB and my tenants. I served them a valid notice of termination in July last year which brought them to Feb 23 and then Winter Eviction Ban brought them to April 1st 2023 but they have not moved out. They are continuing to pay rent. Can anyone share any experiences from this process ? What are the likely compromises/solutions that may be requested off me ? I am trying to have them vacate the premies as I need to sell it.
 
Theres no compromise to be had here.

You've served correct notice as you intend to sell; they are overholding.

Have all your paperwork lined up & tabbed so you can find it quickly.

Stick to factual matters only, be clear & concise; leave your emotions at the door.

Have some water with you.
 
I would recommend joining the Irish Property Owners Association, they provide advice such as this to members and they are on the ball. They also run courses for Landlords which are top notch, I did the course earlier this year and found it extremely useful.

 
I am trying to have them vacate the premies as I need to sell it.
Maybe off topic but have you made an oral offer of cash to move out ?

You could find they’d be gone in the morning with three months rent in pocket.

I don’t think this is how the world should work but it’s the world we’re in.
 
Theres no compromise to be had here.

You've served correct notice as you intend to sell; they are overholding.

Have all your paperwork lined up & tabbed so you can find it quickly.

Stick to factual matters only, be clear & concise; leave your emotions at the door.

Have some water with you.
totally agree . This the plan and I have everything ready. And as far as I am concerned, everything has been done "by the book".
I am just trying to get an idea of what might be thrown at me and be ready to respond. Thanks for taking the time to reply.
 
I would recommend joining the Irish Property Owners Association, they provide advice such as this to members and they are on the ball. They also run courses for Landlords which are top notch, I did the course earlier this year and found it extremely useful.

thanks . I will look into it for sure
 
Maybe off topic but have you made an oral offer of cash to move out ?

You could find they’d be gone in the morning with three months rent in pocket.

I don’t think this is how the world should work but it’s the world we’re in.
thanks. but not willing to take that route ( yet, anyway !)
and to be honest, knowing these tenants, I don't think this would work. It's a fairly genuine case of nowhere to go but I can't let that hold me back either.
 
Good luck Michelle, I and I am sure others on here, would be very interested to hear how you get on.
 
@Michelle_B I presume you're listed for telephone mediation as that seems to be the default now? It's important to understand what the process is and, maybe more importantly, what it isn't.

1. The mediator won't make a decision. In fact, by law, can't make a decision. Their sole role is to try and broker an agreement between landlord and tenant. If that works, great. It if doesn't you can go to the next stage which is a tenancy tribunal.

2. By serving a termination notice you've already asked the tenants to leave. They have refused. Obviously they're likely to refuse a similar request from the mediator! Why wouldn't they? So, how to break the deadlock? The only variables in the equation are if and when the tenants move out and whether any financial incentives are offered. This is the space within which the mediator can work.

3. You need to understand the timelines. If mediation is unsuccessful, you go into a queue for a tenancy tribunal hearing. That seems to take about 3 months or so. Perhaps a month to get a determination order, plus whatever notice is specified on it. Say about 5 months in total all going well. Then if the tenants don't move, you need to go to the District Court to get an enforcement order. Say another three months. So you're looking at eight months, maybe more.

4. Now back to the mediation process. It might be possible to reach agreement that the tenants will move out on a specific day, say about 3 to 4 months away. If you both agree on that, then RTB will write a determination order that confirms it. That brings you directly to the endpoint you would otherwise take longer to reach (maybe much longer) if there's no agreement. They can still ignore the determination order and force you to drag them through the district Court but they're likely to get far less sympathy if they've already agreed voluntarily to the terms of the determination order.

5. The tenants have an incentive to agree too, as they know they have security for a few months while they search for someplace else. Nothing to stop you offering a partial refund of rent if they expedite their move out!

Theres no compromise to be had here.
While that's fine in theory, mediation like politics is the art of the possible. A compromise that gets you a result might be better than a principled tilt against windmills that gets you sucked into a long drawn out process. Time is of the essence here and it's running against you. Not fair but that's the system.
 
@Michelle_B I presume you're listed for telephone mediation as that seems to be the default now? It's important to understand what the process is and, maybe more importantly, what it isn't.

1. The mediator won't make a decision. In fact, by law, can't make a decision. Their sole role is to try and broker an agreement between landlord and tenant. If that works, great. It if doesn't you can go to the next stage which is a tenancy tribunal.

2. By serving a termination notice you've already asked the tenants to leave. They have refused. Obviously they're likely to refuse a similar request from the mediator! Why wouldn't they? So, how to break the deadlock? The only variables in the equation are if and when the tenants move out and whether any financial incentives are offered. This is the space within which the mediator can work.

3. You need to understand the timelines. If mediation is unsuccessful, you go into a queue for a tenancy tribunal hearing. That seems to take about 3 months or so. Perhaps a month to get a determination order, plus whatever notice is specified on it. Say about 5 months in total all going well. Then if the tenants don't move, you need to go to the District Court to get an enforcement order. Say another three months. So you're looking at eight months, maybe more.

4. Now back to the mediation process. It might be possible to reach agreement that the tenants will move out on a specific day, say about 3 to 4 months away. If you both agree on that, then RTB will write a determination order that confirms it. That brings you directly to the endpoint you would otherwise take longer to reach (maybe much longer) if there's no agreement. They can still ignore the determination order and force you to drag them through the district Court but they're likely to get far less sympathy if they've already agreed voluntarily to the terms of the determination order.

5. The tenants have an incentive to agree too, as they know they have security for a few months while they search for someplace else. Nothing to stop you offering a partial refund of rent if they expedite their move out!


While that's fine in theory, mediation like politics is the art of the possible. A compromise that gets you a result might be better than a principled tilt against windmills that gets you sucked into a long drawn out process. Time is of the essence here and it's running against you. Not fair but that's the system.
Thank you for this detailed reply. very useful
 
1. The mediator won't make a decision. In fact, by law, can't make a decision. Their sole role is to try and broker an agreement between landlord and tenant. If that works, great. It if doesn't you can go to the next stage which is a tenancy tribunal.
With the RTB is it possible to skip the mediation and go straight to determination? Years ago I used mediation with the FSPO and it was a complete waste of time.
 
With the RTB is it possible to skip the mediation and go straight to determination? Years ago I used mediation with the FSPO and it was a complete waste of time.
You can opt for either:
1. Mediation with an appeal to a tenancy tribunal
or
2. Adjudication with an appeal to a tenancy tribunal.

You can't opt to go direct to the tribunal.

Route 1 is faster and cheaper. Seems to be RTB policy to encourage mediation as much as possible.
 
I skipped straight to adjudications as there was no point delaying the process with mediation.

The 2 adjudications in my favour were pointless other than I had a determination order, it didn't make the tenants leave. We managed to get them out by perseverence. Out of a few cases only 1 tenant attended the Teams hearing, and told a pack of lies. Luckily the adjudicator was in the business and figured out this. BTW that tenant is still in situ. t's a relations property and I was on the call, when I spoke to confirm I was offering the tenant a place that really helped the case. As it demonstrated the tenants bad faith. it has been previously offered to them for 4 months to give them even more time to find a place -this was after a year and a half since the original notice.

The Irish Property Owners Association were of invaluable help. I'm a member over a decade. https://ipoa.ie/

I got one tenant out with a solicitors letter. That tenant does not want the public to know what he is at. I'll do a thread on him.
 
I have my 1st mediation hearing next week with the RTB and my tenants. I served them a valid notice of termination in July last year which brought them to Feb 23 and then Winter Eviction Ban brought them to April 1st 2023 but they have not moved out. They are continuing to pay rent. Can anyone share any experiences from this process ? What are the likely compromises/solutions that may be requested off me ? I am trying to have them vacate the premies as I need to sell it.
Hi. Just wondering how you got on with mediation.
did the tenant leave .
 
I had a recent experience with them with a pretty positive outcome personally in a dispute over deposit retention.

The administration of the process by the RTB is absolutely farcical though. Evidence not shared with the mediator by the RTB staff, a very straightforward determination order issued a month after mediation, correspondence obviously backdated by the RTB to truncate appeals deadlines et cetera.

Even by the standard of low standards of Irish public bodies it is really appalling. Absolutely no way would I want to rely on the process to get rid of a non-paying tenant.
 
I have my 1st mediation hearing next week with the RTB and my tenants. I served them a valid notice of termination in July last year which brought them to Feb 23 and then Winter Eviction Ban brought them to April 1st 2023 but they have not moved out. They are continuing to pay rent. Can anyone share any experiences from this process ? What are the likely compromises/solutions that may be requested off me ? I am trying to have them vacate the premies as I need to sell it.
Hi Michelle see my Post, Good Luck.
 
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