power of the director
The Director of Residential Tenancies is responsible for the general administration of the RTA, exercising the powers and performing the duties of Director according to the Act, and providing information to landlords and tenants.
The Director can also determine a matter arising under a rental agreement or the Residential Tenancies Act, 2000. The Director may also assign duties, including mediation and adjudication of disputes, to the staff that the Director may consider appropriate.
The Director and other staff authorized by the Minister can, at a reasonable time, enter residential premises for the purpose of carrying out an investigation or inspection under the Residential Tenancies Act, 2000.
Application to Director
A landlord or tenant can, within two years after termination of the tenancy, apply to the Director to determine whether a provision of a rental agreement has been breached, or whether a provision of the RTA has been contravened.
A form and fee prescribed by the Minister must be submitted to the Director with applications. Once an application is made, the applicant has to serve the other parties to the matter with a copy of the application by personal service, registered mail, courier service or express post.
However, the Director can refuse or dismiss an application at any stage where, at the Residential Tenancies discretion, the matter is found to be trivial, frivolous, vexatious, or has not been initiated in good faith, and may issue an order to that effect.
An applicant can also withdraw an application before an order is issued.
After the Director of Residential Tenancies receives an application and hasn’t dismissed it on the basis of being trivial, frivolous or vexatious, there are two possible outcomes:
- The parties can be scheduled to attend a mediation session, where an attempt will be made to settle the matter. If the matter is settled, the parties will be required to sign a document of agreementÂ which is binding and must be obeyed. It cannot be appealed.
- If no agreement is reached, the parties may give evidence at a hearing before the adjudicator. Both landlord and tenant have the right to be represented by a lawyer at any stage of the proceedings. However, the process allows for a person to represent themselves