Unruly tenant a ‘living’ nightmare for landlord

Minister of State Jan O’Sullivan’s proposed changes to the Residential Tenancies Act appears to be good news for the neighbours of unruly tenants, but may result in an injustice to the landlord.

A landlord with a tenant who doesn’t pay rent, or who breaches the terms of the lease, must follow due process to have the tenant leave by giving the required notice. Fair enough.

If the tenant is not happy about the notice to terminate the lease, he can dispute it with the PRTB, engaging their dispute resolution. Again, fair enough. The problem for the landlord, and also for the neighbours, will not be the current nor an amended process of dispute resolution, but the length of time to get a hearing with the PRTB, which can be a year from the date the landlord notifies the tenant to leave.

That delay is outside the landlord’s control, but he will be blamed for the continuing antics of the anti-social tenant, who stays put until the dispute resolution is completed.

The solution will not be any new “fast track” legislation for the PRTB, so long as it is poorly funded and staffed. But who should pay? Certainly not the tax payer. Any landlord facing continued non-payment of rent, or just the misery of dealing with an errant or anti-social tenant, will be happy to pay more as long as he is guaranteed swift action.

However, there is already a reasonably ‘fast track’ legal process and venue available throughout the country: it is called the District Court. The minister should remember this before finalising the proposed amendments.

Frank Hannon

Shandon Street

Cork