Arrears cause most rent disputes

More than one-third of all disputes lodged with the country’s private rental watchdog are due to rent arrears.

Last year’s figures from the Private Residential Tenancies Board (PRTB), provided to the Irish Examiner, show that 35% of all applications were linked to rent arrears, ahead of deposit retention (32%) as the main reason why people involved in the private rental sector contacted the PRTB in 2013.

Other categories which prompted people to contact the PRTB with a dispute include breach of landlord obligations, invalid notice of termination and the standard and maintenance of the property.

The PRTB, which operates the National Tenancy Register and resolves disputes between landlords, tenants and third parties, has received a total of 2,444 applications so far this year — a rate of more than 300 a month.

That is a faster rate of referral than last year, when the PRTB received a total of 2,861 applications, which in turn was an increase from the 2,272 applications received in 2012.

So far this year, 151 applications have been lodged involving claims of anti-social behaviour — about 6% of all applications made, and a similar percentage to that in 2013.

The 999 cases of rent arrears include 781 cases in which back rent is owed but the person has vacated the property, and another 218 instances in which the person is “over-holding”, or still living in the premises.

Last year’s 2,861 applications were accompanied by 388 appeals, and the PRTB said there was a total of 5,291 reasons given for the various disputes included in the applications.

Last year was the first in which all dispute applications and hearings were processed through the new Tenancy Management System, while the PRTB’s Disputes Services were outsourced to SouthWestern Services in West Cork.

The PRTB also piloted a Telephone Mediation Service, with 93% of cases resolved.

Overall, tenants made 1,671 applications last year and landlords 1,103, with third parties making 87.

Rent-arrears disputes have increased steadily in the past six years and some housing charities and other organisations have pointed to rising rents and inadequate supply of housing in the private rental sector as a possible factor.

Niamh Randall of the Simon Communities said the issues facing tenants in the private rental sector had escalated in the past six months and was most acute in Dublin and other large urban areas.

On deposit retention, 57% of deposits were fully refunded by the adjudicator who heard the case, it was partially refunded in 19% of cases and retained in 24% of cases.