The Society of Chartered Surveyors Ireland (SCSI) has called for a dedicated adjudication body or ‘rental court’ to deal with serious disputes between tenants and landlords.

The organisation has also called for “a thorough revision” of the Residential Tenancies Act 2004.

In a pre-budget submission, the SCSI says that a ‘rental court’ is needed to deal with tenants who are refusing to leave a property after the lease has expired (‘over-holding’), the non-payment of rent, and landlords who unlawfully hold on to deposits.

It described the current system for handling rental disputes run by the Residential Tenancies Board (RTB) as “overly complex”, adding that it takes far too long and involves an “inefficient” use of resources.

‘Fear and uncertainty’

The society says that its research indicates two of the main reasons that small landlords are leaving the rental market are complex rental regulations and the high risks involved in renting a property.

SCSI President Kevin Hollingsworth says that a lack of supply, together with serious shortcomings in the administration of the rental market, are creating “fear and uncertainty” on both sides.

“The tenant/landlord relationship should be a co-operative one, involving willing partners.

“Too often in Ireland, the relationship becomes adversarial in nature.

“A lot of this is down to the chronic lack of supply but, when problems do arise, tenants and landlords should have confidence in the dispute-resolution process.

“That is not happening with the current dysfunctional system,” Hollingsworth states.

The society adds that estate agents are reporting mounting concerns about tenants’ over-holding of properties after the expiry of a tenancy, as well as with rent arrears and the unlawful withholding of deposits by landlords.

2004 act

The SCSI’s submission also urges the Government to change the 2004 legislation on tenancies, with the aim of simplifying the regulations governing relations between tenants and landlords, and creating “a clearer and more user-friendly” framework.

It also wants the RTB to be given more resources to enable it to audit the rental market adequately, to ensure overall compliance, and to address short-term lets without the necessary permissions.

The submission also calls for dedicated funding to improve the property-sales and conveyancing process through the roll-out of e-conveyancing.