Landlords flouting laws paid €64k in sanctions amid rise in rental disputes in 2023

The Residential Tenancies Board annual report for 2023 shows more than 9,900 dispute cases came before it last year around issues such as rent arrears (30%), deposit retention (16%), the validity of an eviction notice (18%), and the breach of landlords’ obligations (17%).

Landlords flouting rental laws were forced to pay €64,000 in sanctions to the watchdog last year, while tenants had almost €89,000 in overpaid rent returned to them, according to the Residential Tenancies Board annual report for 2023.

The report shows more than 9,900 dispute cases came before it last year around issues such as rent arrears (30%), deposit retention (16%), the validity of an eviction notice (18%), and the breach of landlords’ obligations (17%).

In the report, chair Tom Dunne and interim director Owen Keegan said that the last few years have been marked with an increasing caseload of disputes between landlords and tenants.

“Recent years have seen enormous pressure on the rented sector of the housing market in Ireland, and significant legislative changes, all of which have had a significant impact on the RTB by increasing the demand for the service it provides,” it said.

As part of the investigations it took, 96 sanctions dished out to landlords were confirmed in the Circuit Court last year.

Since being given its powers to sanction landlords several years ago, the RTB said it has prioritised allegations of breaches of rent pressure zone requirements. Over three in four of the sanctions it publicised last year were such breaches, where a landlord legally can’t raise a tenant’s rent above certain limits.

“Over €64,000 was paid in sanctions by landlords in 2023, the average sanction was €1,057,” its report said.

“Over €132,000 in total has been paid in sanctions from 53 investigations since 2019. In total, €88,787.88 of overpaid rent has been returned to tenants in 2023. Over €440,000 has been returned to tenants since 2019.” 

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Through its separate dispute resolution service, where the RTB can act as a mediator between two parties, it issued nearly 3,000 determination orders for how best the situation could be solved. A further 3,500 cases were withdrawn or settled before a hearing took place.

The average time for a case going through mediation was 9.93 weeks, but for ones that progressed all the way to a tribunal, this was 29.42 weeks. The amount paid to members of such tribunals to help solve disputes was €1.25m in 2023, with one member receiving over €80,000 in fees.

The amount paid to mediators, meanwhile, stood at €1.1m.

The director of the RTB, meanwhile, was paid just under €160,000 last year, an increase from €139,816 the previous year. Niall Byrne was the only staff member paid in excess of €100,000 at the RTB in 2023 according to the annual report. He stepped down from the role earlier this year.

Registered tenancies

Meanwhile, the number of private rented tenancies registered with the RTB fell from 246,453 in 2022 to 223,979 in 2023.

While the RTB said that these reduced figures are as a result of “improved data quality” since the requirement came in for landlords to register with the watchdog annually, the Institute of Professional Auctioneers and Valuers (IPAV) said it is still a sign that private landlords are continuing to flee the market.

“Market intelligence suggests that private landlords are continuing to exit what has become a two-tier market between those who can apply market rents and those who as a result of Rent Pressure Zone legislation, find their situation is non-viable financially,” he said.