This article is from page 4 of the 2012-08-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
THE body tasked with dealing with disputes between third parties and landlords arising from allegations of anti-social behaviour says it has not received any complaints regarding rented properties in Clare in the last 18 months.
The Private Rental Tenancies Board (PRTB) received 2,060 applications in 2011, of which only four per cent related to anti-social behaviour.
In a statement yesterday, a spokeswoman said, “It would appear that none of these cases were from rented dwellings in County Clare.”
A spokeswoman explained that the PRTB can investigate allegations of anti-social behaviour within the limits of the act.”
She added, “The PRTB can, as a civil body, award damages against landlords, where such allegations are upheld. In order to take a case, a third party must provide evidence that they have already attempted to resolve the matter directly with the landlord. Allegations of a criminal nature, for instance drug taking, assault etc, should be reported to the Gardaí for investigation and prosecution through the courts.”
She stated, “Should a third party take a case to the PRTB in respect of these allegations, it should be noted that the tenancy can only be terminated by a landlord serving a valid notice of termination (NoT) on the tenant. The PRTB does not have the power under the Residential Tenancies Act 2004 to order a landlord to serve a NoT or indeed to terminate a tenancy, without the landlord serving a valid NoT.
She continued, “As a quasi-judicial body, the PRTB must operate in a totally impartial manner between disputing parties so cannot offer advice to either party in relation to their dis- pute. However, the board has authorised PRTB management to prioritise cases where there are allegations of serious anti-social behaviour, for instances where there is threat to life or the fabrication of the dwelling.”
A spokesperson for the PRTB said it was “important” for people to take cases against landlords whose tennants consistently engage in anti-social behaviour.
Landlords are required to register properties with the PRTB within one month of tenancy. Failure to do so can result in a court appearance, a € 4,000 fine and/or six months in prison.