Enforcement of RTB determination orders
Determination Orders are issued by the Residential Tenancies Board (RTB) following Adjudication and Tribunal hearings. A Determination Order gives the outcome of a case and sets out both the terms to be complied with and timescale for compliance. The compliance period runs from the date of issue of the Determination Order which will be stated in the cover letter accompanying the order.
If you have received a Determination Order in your favour and the other party has not complied within the compliance period then you may seek to have the Determination Order enforced by the RTB.
You can request that the RTB initiate enforcement proceedings on your behalf. While Threshold would like to see the RTB enforce all its decisions, under the RTB Enforcement Policy, decisions on whether or not to pursue legal enforcement are made on a case-by-case basis, taking into account the Board's own limited resources, the cost of taking legal proceedings and the likely success of achieving a favourable outcome.
Some reasons given as to why Determination Orders are not enforced include the other party resides outside the jurisdiction or the RTB are unable to obtain contact details for either party.
Should the RTB decide not to proceed with enforcement then, under the Act, you have the option of seeking enforcement of the order through the courts yourself. This will involve getting legal representation. This can be a costly process and therefore will not always be a viable option.
While Threshold receives many requests for assistance with enforcing Determination Orders through the courts, unfortunately we are unable provide such assistance as do not have solicitors on our staff. Neither are we in a position to recommend any specific solicitors to the public.
From 26th February 2018 enforcement of RTB determination orders have moved from circuit court to the district court. This should make it quicker and less expensive in taking action.
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What to do
You may contact the RTB requesting their assistance in enforcing a Determination Order. This may be done in writing or by email to firstname.lastname@example.org giving the case reference number, the date of issue of the Determination Order, details of the term(s) of the Order which have not been complied with and any other relevant information such as what steps you have taken to recover monies due.
There is no timeframe within which proceedings will be taken and the RTB are unable to provide regular feedback on enforcement proceedings but they will contact you when necessary.