RTB Case studies

How is the landlord at fault here
I really have no idea. It's a very aggressive stance by the RTB Tribunal.

s.12(1)(b) obliges the landlord to carry out the repairs that are "from time to time necessary" to the structure and interior.

s.16(e) obliges the tenant to give the landlord reasonable access to do exactly that. So the Act anticipates that a tenant will be disturbed by necessary repairs, and makes allowing them a tenant obligation.

The peaceful-occupation duty in s.12(1)(a) sits alongside those provisions, not over them. Read together, a repair the landlord is required to do, carried out promptly and properly, can't sensibly be a breach of the same section that requires it.
 
I really have no idea. It's a very aggressive stance by the RTB Tribunal.
The RTB Tribunal was always to some extent anti-landlord. I get the impression that these days, like the RTB itself, the stance is, as you say, outright aggression.

There is also an increasing tendency for tenants to take retaliatory cases to the RTB when an issue is raised by the landlord. The Tribunal facilitates this.

The PRS is a very danger place these days for landlords.

@stormy I am wondering, you summarise the Tribunal reports very well, would it be a good idea going forward to have one thread for this topic so that all these decisions are in one place?
 
Its like Alice in wonderland meets Kafka. Its institutional insanity.

If the RTB was a person they would be classed as clinically insane and intellectually incapable.
The RTB is staffed by people with the same ideological disposition as charities like Focus Ireland, and others in the homelessness/housing industry, where the tenant is always the victim and the landlord is always the guilty party.
 
The RTB is staffed by people with the same ideological disposition as charities like Focus Ireland, and others in the homelessness/housing industry, where the tenant is always the victim and the landlord is always the guilty party.
Correct.

The Tribunal itself is staffed by solicitors and barristers, but some of those could have been legal advisors to Threshold, Focus Ireland etc. in the past.

I also hear that with the administration positions in the RTB there is a huge flow from Threshold etc. to the RTB. You do your 'voluntary' work with them for a year or so and move over.

The RTB is not a neutral regulator at this point. It is an arm of the Department of Housing, it supports government policy by manipulating the Register to give the impression tenancy numbers are increasing. It is also an arm of Threshold and the other NGOs as we are seeing from the Tribunal decisions and the overall approach to landlords - criminal liability for minor filing mistakes.
 
an increasing tendency for tenants to take retaliatory cases to the RTB
Will the new rules about adjudicated hearings being held in public have any impact on the volume of disputes if members of the public and media can attend?
Is this to try and get more disputes agreed through the mediation process?
 
On the RTB being an arm of the Department of Housing, the Minister for Housing in the Dail today said

The Act also provides significant improvements in security of tenure for renters. The latest data published by the RTB in September 2026 shows that the number of registered landlords and tenancies has increased on a quarterly and yearly basis.

If it wasn't for the RTB's manipulation of the figures, he could not say this. Also, he is careful to say that it is Registered Landlords that are increasing. He knows exactly what is going on.
 
If it wasn't for the RTB's manipulation of the figures, he could not say this.

He can refer to the increased numbers to neutralise the likes of EO’B, RHearn and CSheehan when they continuously call for an eviction ban or complain about the lack of supply. Might not be the worst tactic as far as small landlords are concerned.
 
Avoiding it in the first place is the course of action - a.k.a. providing a place that meets cleanliness standards.
But how do you know this was the landlord's fault. How do you know he provided a dirty property to these tenants. Even the RTB Tribunal based on his pictures agreed that he didn't. Per the Tribunal he rented them a clean property in a good state of repair.

The moths appeared at the start of a new tenancy. So the infestation must have occurred during the previous tenancy. Should the landlord have better policed the cleanliness of the previous tenants?

An
 
But how do you know this was the landlord's fault. How do you know he provided a dirty property to these tenants. Even the RTB Tribunal based on his pictures agreed that he didn't. Per the Tribunal he rented them a clean property in a good state of repair.

The moths appeared at the start of a new tenancy. So the infestation must have occurred during the previous tenancy. Should the landlord have better policed the cleanliness of the previous tenants?
My granny moved into our house. We never had moths until then and within a couple of weeks our clothes started getting moth holes in them. Just sayin.
 
The Act also provides significant improvements in security of tenure for renters. The latest data published by the RTB in September 2026 shows that the number of registered landlords and tenancies has increased on a quarterly and yearly basis.


That's what the Minister told the Dáil. The RTB report he's quoting says the opposite on the quarter:

Landlords fell by 292 quarter-on-quarter — the Director's own words: "a decrease of 0.3%.". This includes costs rental landlords.

Private tenancies fell by 179, from 241,251 to 241,072.

And the "yearly" increase is cherry-picked. For landlords it's measured from Q2 2025 — the lowest point in the series. At the end of 2024 there were 105,594; there are now 105,555. Fewer landlords than eighteen months ago. The year-on-year rise in tenancies is flattered too: the RTB issued 7,008 compliance notices for failure to register in 2025, adding existing tenancies to the count, not new homes.

So "increased on a quarterly basis" is false on both counts, and "increased on a yearly basis" only works if you pick your starting point.

The Minister told the Dáil the opposite of what his own regulator published.
 
And the "yearly" increase is cherry-picked. For landlords it's measured from Q2 2025 — the lowest point in the series. At the end of 2024 there were 105,594; there are now 105,555.
Presumably this includes new cost-rental landlords and previously unregistered landlords, so the decrease in PRS landlords may be higher.
 
Financially struggling 80-year-old didn't call tenant on the DAY her husband died. RTB says she owes him €19,522 for his bigger, pricier new home

TR0001469, Drury Hall, Dublin 2. Published 29 Sept.

What she did


In July 2024 she, the landlord, served an own-occupation notice: statutory declaration, 180 days, RTB copy on the day. The Tribunal never questioned that her intention was genuine — it accepted that her husband's death caused "a genuine change in her plans." He (the tenant) moved out in January 2025 and got his full €1,700 deposit back.

In May 2025 her husband died. Her son-in-law also died. Her representative told the Tribunal the family is "not in good financial circumstances." Rather than leave the flat empty, she let it on short weekly arrangements "for insurance, security and management reasons". She never offered it back to him. That's a breach of the offer-back rule, and her side accepted it: "in hindsight the apartment should have been re-offered."

What it cost her: €19,522.50

He'd paid her €1,200 a month — his share of the €1,768 rent. He moved to a two-bed, two-bath flat at €2,650, which he took on alone.

The Tribunal measured his loss as his share of her rent against the whole of his new one. So for eight months she's paying €1,450 a month towards his new home — €250 a month more than he ever paid her for hers.

He'd claimed €10,584 for the rent difference. He got €17,022.50 — more than he asked for. Her representative pointed out the new flat was bigger and better. The Tribunal said that without figures it "can make no findings in this regard," and charged her the full rent anyway. Nobody asked whether a man who'd been sharing at €1,200 needed a two-bed, two-bath to himself, or whether anything nearer €1,768 existed.

And it runs to May 2027 — the end of a Part 4 cycle in a tenancy he'd already left. Eleven months of that is future loss, assumed. Which raises an obvious question. This tenancy started in 2021, so it still had a cycle end. Any tenancy created since June 2022 is of unlimited duration. On this Tribunal's method, what does the loss run to then — the tenant's retirement? His life expectancy? The only thing that would stop it is the statutory cap of €60,000.

The clock starts on the day her husband died

The Tribunal fixed 18 May 2025 — the day of his death — as the moment she "should have offered it back" and the wrong began.

Read that again. Her husband died on 18 May. The Tribunal's position is that the offer-back was due that day, and every day she didn't make it, the meter was running. Not after the funeral. Not after the burial. Not after the month's mind. Not after probate. Not after this poor 80-year-old had worked out what her life now looked like. The day he died. There is no compassionate allowance in the calculation — not a day, not a week, not a month. The law treats a financially struggling, bereaved woman in her eighties exactly as it would treat a fund with a compliance department, and the Tribunal didn't pause to ask whether that was what the section meant.

Then to top it off
€2,500 for the tenant's anxiety. His treatment began in March 2025, before the date the Tribunal itself fixed as the start of any wrong. And the harm it compensated included "the process of having to vacate" — moving out on a notice the Tribunal never found invalid.

The hearing
She wasn't there. Her representative — not described as a solicitor — was recorded as having "little to say in evidence." He had a witness and a translator. And the report records this from the panel: "the tribunal asked why a couple in their eighties would want to move to Dublin to occupy the apartment." Think about that: an elderly couple, one of them since dead, asked in a public tribunal to justify why they wanted to live in their own apartment.

The only concession to her circumstances anywhere in the determination is 90 days to pay. No reason given. The landlord who fixed the moths in a fortnight got 14.

So

A widow in her eighties, bereaved twice in a year, whose notice nobody found invalid, is paying more towards her former tenant's bigger flat than he ever paid her — for two and a half years after he left, on a calculation that gave him more than he claimed, with the clock running from the day her husband died. Nobody will appeal it; a High Court appeal costs more than the award. Especially not an 80-year-old widow. So it stands. The RTB inflicts pain and suffering on a financially struggling 80-year-old, and the world keeps spinning.

The offer-back rule exists to stop abuse, and short-letting without offering back is what it catches. Fair enough. But a system that cannot tell the difference between a landlord who invents a reason to evict and a woman whose plans died with her husband isn't protecting tenants from anything. It's collecting. And a society that lets a State body do this to an eighty-year-old widow, and calls it tenant protection, should ask itself what it thinks it's protecting.
 
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Rules are the rules. Can't start carving out exceptions for this reason or that reason.
In short, another reason for anyone thinking of doing buy to let to be extremely careful.

She had probably totally forgotten about him anyway as the tenant was gone 5 to 6 months minimum before the short term lets started.
 
Rules are the rules. Can't start carving out exceptions for this reason or that reason.
Where is the rule that lets a tenant take sixteen years to repay what he owes an accommodation provider (DR0919-57065 — €2,516 at €3 a week, to 2036)? Or eighty months at €200 a month until 2033 (TR0001417 — €16,000, one rent payment in eleven months)?
 
Where is the rule that lets a tenant take sixteen years to repay what he owes an accommodation provider (DR0919-57065 — €2,516 at €3 a week, to 2036)? Or eighty months at €200 a month until 2033 (TR0001417 — €16,000, one rent payment in eleven months)?
What have those issues got to do with the case in the original post?
 
What have those issues got to do with the case in the original post?
Savvy's point was that rules are rules and there can be no exceptions for circumstances. The widow got none — the clock ran from the day her husband died, and a financially struggling woman in her eighties was given 90 days to find €19,522. The two cases I cited are the same body making exceptions for circumstances, generously, when the circumstances are the tenant's: sixteen years in one, eighty months in the other, no means test in either. That's the relevance. It isn't that the RTB can't bend. It's who it bends for.
 
Saying "rules are the rules" misses the entire reason we give tribunals decision-making power in the first place. If law were purely binary with zero room for human context or compassionate allowance, we wouldn't need tribunals or judges.

Expecting an elderly, newly bereaved 80yr old woman to compensate on tge very day her husband died is not "fair regulation"; it's absurd and cruel.

Rules exist to serve both sides. The moment a rule is weaponized to strip away basic empathy in the face of tragedy, hiding behind "rules are rules" is just an excuse for a complete failure of judgment and decency
 
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