In another post I made a comment about the fines and damages that could be awarded to tenants if a landlord was in breach of the RTAs.
sarenco made a comment:
The RTB does not impose fines or award damages. Its role is simply to resolve disputes between landlords and tenants - either by mediation or adjudication.
I made an analysis of nearly 1500 dispute and tribunal resolutions some years ago (until I lost interest) and although I did not analyse the number of awards made against landlords, there were a large number among which I quote:
Ref: DR114/2009 -The Respondent Landlord shall pay €11,300 to the Applicant Tenant within fourteen days from the date of issue of this Order being damages in the sum of
€10,000 for the illegal eviction and return of tenant's deposit of €1,300.
DR 595/ 2011 - Landlord shall pay the total sum of €2,300.00 the sum of €2,000.00 being damages for the unlawful termination of the tenancy, plus €300.00 damages for the Respondent Landlord’s breach of his obligations under the Act,
TR09/DR741/2009 - Landlord shall pay €7,500 being an unlawful termination in respect of the tenancy for the distress and inconvenience suffered.
TR40/2011/DR752/2010 - The Respondent Landlord shall pay the sum of €2,571.03 to the Appellant Tenants within 14 days of the date of issue of the Order made by the Board, being €2,500 damages in relation to breach by the Respondent Landlord of his obligations to the Appellant Tenants, plus €146.03 ( being the security deposit of €1,300 after offset of €1,153.97 in respect of arrears of rent), less € 75 in relation to wear and tear above normal
And on the other side of the fence:
DR275/2009 - Applicant Landlord is entitled to retain the Respondent Tenant’s security deposit of €520 as damages for the arrears of rent, in respect of the tenancy
DR576/2008 - Notice of Termination dated 28 December 2007, is valid. Tenant shall vacate the dwelling Tenant shall pay €15,865 being arrears of rent totalling €10,865 and €5,000 damages for breach of Tenants obligations
TR188/DR1020/2010 - the Appellant Tenant shall pay the sum of €3,500 to the Respondent Landlord in respect of repairing unauthorised alterations to the dwelling (this is to be off-set against the security deposit of €3,500.00 paid by the Tenants)
Arrears of rent figured as the most frequent award to landlords but landlords seldom get damages for the rent arrears.
sarenco made a comment:
The RTB does not impose fines or award damages. Its role is simply to resolve disputes between landlords and tenants - either by mediation or adjudication.
I made an analysis of nearly 1500 dispute and tribunal resolutions some years ago (until I lost interest) and although I did not analyse the number of awards made against landlords, there were a large number among which I quote:
Ref: DR114/2009 -The Respondent Landlord shall pay €11,300 to the Applicant Tenant within fourteen days from the date of issue of this Order being damages in the sum of
€10,000 for the illegal eviction and return of tenant's deposit of €1,300.
DR 595/ 2011 - Landlord shall pay the total sum of €2,300.00 the sum of €2,000.00 being damages for the unlawful termination of the tenancy, plus €300.00 damages for the Respondent Landlord’s breach of his obligations under the Act,
TR09/DR741/2009 - Landlord shall pay €7,500 being an unlawful termination in respect of the tenancy for the distress and inconvenience suffered.
TR40/2011/DR752/2010 - The Respondent Landlord shall pay the sum of €2,571.03 to the Appellant Tenants within 14 days of the date of issue of the Order made by the Board, being €2,500 damages in relation to breach by the Respondent Landlord of his obligations to the Appellant Tenants, plus €146.03 ( being the security deposit of €1,300 after offset of €1,153.97 in respect of arrears of rent), less € 75 in relation to wear and tear above normal
And on the other side of the fence:
DR275/2009 - Applicant Landlord is entitled to retain the Respondent Tenant’s security deposit of €520 as damages for the arrears of rent, in respect of the tenancy
DR576/2008 - Notice of Termination dated 28 December 2007, is valid. Tenant shall vacate the dwelling Tenant shall pay €15,865 being arrears of rent totalling €10,865 and €5,000 damages for breach of Tenants obligations
TR188/DR1020/2010 - the Appellant Tenant shall pay the sum of €3,500 to the Respondent Landlord in respect of repairing unauthorised alterations to the dwelling (this is to be off-set against the security deposit of €3,500.00 paid by the Tenants)
Arrears of rent figured as the most frequent award to landlords but landlords seldom get damages for the rent arrears.