A Dubliner's Guide to the Residential Tenancies Act 2004 ... - Dublin.ie

Appendix 4
Sample Determination
Orders of the PRTB
Sample Determination Orders
The cases outlined below are sample
determination orders of the PRTB.
They illustrate cases heard to date.
Case I
Illegal Eviction
In the matter of I.Z. (Applicant) and
E.D. (Respondent) the Private
Residential Tenancies Board
determines as follows:
1. The Respondent was in breach of
the terms of the letting agreement
entered into on 22nd April 2004 by the
parties in respect of premises at
_______________________and the
termination of the tenancy on 25th
February 2005 was unlawful.
2. The Applicant is to be allowed to
continue to reside in the abovementioned
premises in accordance
with the terms of the agreement
entered into on 22nd April 2004.
3. The Respondent is ordered to pay
the Applicant within 14 days of the
date of making this Order damages in
the amount of €2,500 in compensation
for the distress and inconvenience
suffered by the Applicant and his
family on foot of the actions of the
Respondent and her agents.
This Order was made by the Private
Residential Tenancies Board on 26th
April 2005.
Case II
Breach of Landlord Obligations
In the matter of D. B. (Applicant
Tenant) and A. R. (Respondent
Landlords) the Private Residential
Tenancies Board, in accordance with
section 121 of the Residential
Tenancies Act 2004, determines as
follows:
1. The Applicant Tenant shall pay to
the Respondent Landlords, within 7
days of the date of issue of this Order,
the sum of €550 being rent owing of
€880 less €330 for postal expenses
and for damages by reason of the
breach of the Respondent's duty to
allow the Applicant Tenant enjoy
peaceful and exclusive occupation of
the tenancy of the dwelling at
_____________.
2. The Respondent Landlords shall
provide forthwith a rent book to the
Applicant Tenant and comply with the
provisions of the Housing (Rent
Books) Regulations 1993.
3. The Applicant Tenant shall pay rent
to the Respondent Landlords at their
dwelling or alternatively at the
Applicant Tenant's own postal
expense.
4. The Applicant Tenant shall make his
own arrangements for refuse disposal
and cable TV.
This Order was made by the Private
Residential Tenancies Board on 6th
January 2006.
A Dubliner’s Guide to the Residential Tenancies Act, 2004 31
(Updated January 2008)