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Stephen McDermott/TheJournal.ie

RTB threatened to take legal action if Take Back the City protested in its office again

Around 50 people occupied the RTB’s Dublin office in November last year to highlight concerns.

THE RESIDENTIAL TENANCIES board (RTB) threatened to take legal action against a protest group after activists occupied the Dublin office last year and forced the cancellation of a tribunal hearing.

Around 50 people occupied the board’s office for less than two hours on 21 November last year to call for a number of changes to the system.

Take Back the City issued a document with a set of demands to RTB Director Rosalind Carroll on the day of the protest including; that evictions be immediately banned, the establishment of an independent rental board, a cap on rents of 20% of income, the exclusion of individuals from the RTB tribunal if they have property interest and the licencing of all landlords.

In a written response to matters raised by the group, released to TheJournal.ie through a Freedom of Information request, Carroll wrote that the activists had disrupted the work of the RTB that day.

She said RTB staff and panel members “felt intimidated by their presence and behaviour towards them”.

Internal correspondence shows the RTB sent a circular to all staff to inform them that a counselling service was available. Assistant Director Carmel Diskin also told staff that the RTB would be reviewing its security procedures in light of the incident.

‘All legal avenues’

The letter from Carroll in response to protesters was sent in January this year to Patrick Nelis of Dublin West Housing Action, who was one of the organisers of the protest. 

“The events of 21 November 2018, which you were a party to, undermine the work of the RTB and creates an atmosphere where persons attending to have their dispute heard, feel uncomfortable and intimidated,” she wrote. 

Carroll told Nelis in her letter that the RTB “cannot tolerate such behaviour and in future” and would have no choice but to “avail of all legal avenues open to us” to continue its work. 

“This may include injunctive proceedings to stop any persons entering the premises whose intention to clearly disrupt the work of the RTB.”

She said attendance by the public at a tribunal hearing is on a first come first served basis and “will not be permitted once the maximum occupancy of the room has been reached”.

‘Clamp down’

Nelis, who has supported tenants in hundreds of RTB cases in the last year and a half (and lost just 37 of those) told TheJournal.ie that he has not been prevented from continuing with this work since the protest.

Much of the work he does it in supporting tenants in the adjudication process. An adjudicator will hear all evidence relevant to the dispute and make determination that can then be appealed to the RTB’s tribunal if either party is unhappy with the outcome. 

Nelis said since the protest he has noticed adjudicators have begun to “clamp down on political statements, or mentions of the homeless crisis”. 

The tribunal members don’t like to see me coming. One thing that has changed for me is that I am getting the same adjudicators all the time now. Even in the easy cases, the one that are really clear cut, I get the tough adjudicators.

Nelis said he still has a problem with the make-up of the tribunal board. Tribunal members  hear evidence in hearings and make a decision that is binding if it is not appealed to the High Court. 

He pointed out that while some of the people  who sit on tribunal panels have experience in the rental or real estate sector, none have a background in tenant or housing advocacy.

In her letter to Nelis earlier this year, Carroll also explained that the selection process for its panel members, which is “by way of open competition”.

She said the appointments involve “rigorous testing” including an exam, report writing and interview based assessments. The focus, she said, is to ensure a clear understanding of the legislation, that legal principles and due process are applied, and that well reasoned decisions should be applied. 

“Panels are filled by individuals from a variety of backgrounds, many of whom are legal professionals, some may also have experience of working in the rental sector. Panel members are self-employed and independent decision makers,” Carroll said. 

It is up to a panel member to recuse themselves from a case if they believe there is a conflict of interest and Carroll said the RTB “would and have replaced members that have declared such a conflict”.

‘Seriously compromised’

Last year the number of disputes between landlords and tenants brought to the RTB increased by 10%, with 6,398 applications for dispute resolution.

The main reasons disputes were brought to the RTB involved rent arrears/overholding comprising 26% of complaints, the validity of a notice of termination at 22%, and deposit retention at 20%. 

In 2018, 42% of all notices of termination submitted by landlords were deemed to be invalid, while some 45% of all disputes raised were withdrawn or settled before a hearing took place.

In a statement to TheJournal.ie this week, the RTB reiterated the position Carroll took in her January letter, stating that the protest last year “seriously compromised” the safety of staff, panel members and the general public in attendance”. 

The safety and privacy of all persons concerned is of paramount importance to us and as stated previously, should any person or group continue to target and undermine our tribunal hearings, we will have no choice but to avail of legal proceedings in order to protect the safety of persons or the legal process in this regard.

Nelis told TheJournal.ie that he and his fellow housing activist do intend to protest at the RTB’s protest offices again in the future. 

We don’t know when, I’m overloaded with cases at the moment. I wouldn’t mind an injunction, it’ll look bad on them to do that to us for highlighting problems there.

“We’re housing activists at the end of the day, we’re there to represent people.”

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39 Comments
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    Mute John O Reilly
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    Aug 6th 2019, 12:47 AM

    No evictions…..so tenants can stop paying rents while the landlords still have to pay mortgages. My last tenants caused 20k of damage and didn’t pay rent for a year. Who protects me. I charged a low rent

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    Mute James Moore
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    Aug 6th 2019, 3:20 AM

    @John O Reilly: you didn’t say what your low rent is

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    Mute Barry Evans
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    Aug 6th 2019, 6:28 AM

    @James Moore: that’s all you took from that paragraph James??

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    Mute Fr. Fintan Stack
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    Aug 6th 2019, 6:59 AM

    @James Moore: Amazing that almost every landlord that posts on The Journal “charges low rent”.

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    Mute Thomas Maher
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    Aug 6th 2019, 7:12 AM

    @Mary Doyle: yeah.. all the free loaders living it up on their two hundred quid a week in their free houses, tent, hotels an hostels

    44
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    Mute Thomas Maher
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    Aug 6th 2019, 7:14 AM

    @John O Reilly: shouldnt matter how much rent you charge, no one is entitled to damage your property, did you contact the guards? What was the outcome

    145
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    Mute Gus Sheridan
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    Aug 6th 2019, 7:54 AM

    @James Moore: what’s it to you?

    29
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    Mute Jim Buckley Barrett
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    Aug 6th 2019, 8:19 AM

    @Thomas Maher: gardai will tell you it’s a civil matter, your solicitor will tell you as the tenants have no real income, courts are very limited in what they will do. It’s a one side affair

    89
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    Mute Alan Fitzgerald
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    Aug 6th 2019, 8:27 AM

    @James Moore: So someone agrees to pay rent and then once they move in says I’m not going to pay anymore and then decides to trash the place as an added bonus and that is the point you make. Also many seem to underestimate the sacrifice, stress and hard work it takes to buy a house. You have to work and plan for years to educate or skill yourself to get a half decent job, you have to save money and lots of it, you have to completely alter your lifestyle etc etc. There seems to be a view that home owners or landlords simply buy decide what they want ask the bank for money and away they go when the majority have put in years of graft initially in college/apprenticeship/trade and then in the work place to get what they need. They are not the enemy.

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    Mute James Moore
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    Aug 6th 2019, 10:55 AM

    @Barry Evans: I know, why did u leave the rent you charge out. Are you tax compliance.

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    Mute James Moore
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    Aug 6th 2019, 10:56 AM

    @Gus Sheridan: and what is it to dhead

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    Mute Vin
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    Aug 6th 2019, 4:01 PM

    @John O Reilly: Charged low rent because the law prevented you from increasing more than 4%

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    Mute Aisling Bruen
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    Aug 9th 2019, 8:43 PM

    @John O Reilly: tenants aren’t responsible for paying your mortgages.

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    Mute Keith McCourt
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    Aug 6th 2019, 7:19 AM

    Focus Ireland vouched for a tenant in my apartment(not veted correctly-my fault), didn’t pay rent and then sent his solicitor after me. 3 years later and I’m still paying because of one tenant. R.T.B only organization out there to protect my rites as a landlord. As a landlord you have no powers what so ever over your property!

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    Mute Colm O'Sullivan
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    Aug 6th 2019, 12:28 AM

    Christ if any staff member needed “counselling” after that, they’d be better off not leaving their house in the morning.

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    Mute Vic's Burd
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    Aug 6th 2019, 8:25 AM

    @Colm O’Sullivan: staff are employed to work without being personally intimidated, and shouted at, by outside political groups; they didn’t make the laws so yes the RTB were right to offer staff counselling.

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    Mute Daithi Ó Raghallaigh
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    Aug 6th 2019, 12:13 AM

    They told their staff counselling service was available due to being exposed to a protest. Really! the mind boggles . Perhaps they might expand that service to the Homeless due to landlords turfing them out for higher rents.

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    Mute GerryCummins
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    Aug 6th 2019, 12:45 AM

    @Daithi Ó Raghallaigh: or the Clontarf ones paying nothing for years? People are waking up to this homeless scam, the feck less and wreckless.. do you think they are all deserving?

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    Mute Mary Doyle
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    Aug 6th 2019, 6:31 AM

    @GerryCummins: Ireland. Utopia for Freeloaders

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    Mute Boris Becker
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    Aug 6th 2019, 7:54 AM

    I know someone who rented out an apartment and withheld a deposit as the place was wrecked, the tenant threatened him. It was reported to the Gardai who told him hed be best off paying them and let the issue go. Great little country.

    Affordable housing is long overdue and rid of the freeloading social sponges who choose not to do a tap, the average workers are being shafted for far too long in this place

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    Mute sean de paore
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    Aug 6th 2019, 8:17 AM

    I don’t think I would ever rent out a property again in Ireland. The stress, worry, hassle and taxation policy makes it almost impossible to break even. The property crisis is partially down to thousands of people getting out for similar reasons.

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    Mute jacquoranda
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    Aug 6th 2019, 8:05 AM

    Take Back the City operate through a ridiculous exception in Irish law that means they can be in someone else’s private property without their permission as long as there is no sign of breaking & entering and that they have no intent to cause criminal damage. To get rid of them you have to go to the High Court at a cost of €50k. That’s what happened to the landlords of those two properties in the north inner city last year.

    This is a joke of a law and has to be stopped. They should have absolutely zero rights to be in anyone else’s private property.

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    Mute Vocal Outrage
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    Aug 6th 2019, 6:43 AM

    So, there idea of making a political point is to protest at the offices where tenants can go to vindicate their rights, not just landlords as some commenters have made out previously, resulting in tenants on that day not having their cases heard, genius move.
    As for the campaigner now getting the same arbitrators all the time, maybe the others were intimidated out of their positions by having their place of work stormed by irrational protesters, see above?

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    Mute Frank O'Reilly
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    Aug 6th 2019, 8:29 AM

    If you read the new RTB regulations on their web site it seems Neil’s has gone a long way to achieving his objectives.
    All the new regulations are targeted at restricting landlords rights and nothing to deal with tenants who don’t pay their rent , thrash a property or engage in anti social activities

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    Mute joe
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    Aug 6th 2019, 8:18 AM

    Arrest them. Throw them in the slammer. At least they’ll have a room for the night.

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    Mute James Moore
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    Aug 6th 2019, 3:28 AM

    No tenant should never be made homeless, even if another tenant feels frightened intimidated and imagined, antisocial behaviour, where there is no actual police proof. And evidence proved.

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    Mute Yzo Sirrius
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    Aug 6th 2019, 5:24 AM

    @James Moore: And now, in English, please…

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    Mute Vic's Burd
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    Aug 6th 2019, 8:30 AM

    @James Moore: so if I’m renting to a nightmare of a tenant who destroys my property and refuses to pay me rent… I shouldn’t have the right to evict him?

    GTFO!

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    Mute Eamonn Roche
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    Aug 6th 2019, 10:41 AM

    @James Moore: what if they didn’t pay rent and interfered with another property. Didn’t pay rent to a previous landlord . And were turfed out of a Council House.. Each individual case is different .

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    Mute Do the Bort man
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    Aug 6th 2019, 5:02 PM

    @James Moore: Only Dr Dolittle can read that

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    Mute Mick Staines
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    Aug 6th 2019, 6:59 AM

    Bashing poor people again are we?

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    Mute Alan Fitzgerald
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    Aug 6th 2019, 4:06 PM

    @Mick Staines: Did you read the article or any of the points made? Do you want a landlord to let someone live in their property for free? Would you be willing to do the same wherever you live and let people stay at yours for years for free and then trash it if you tried to move them on.

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    Mute Fr. Fintan Stack
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    Aug 6th 2019, 4:44 PM

    @Alan Fitzgerald: A very small number of tenants trash the place and don’t pay the rent and absolutely should be dealt with legally. However, they are very much in the minority. But you would get the impression from the comments section here that it was common place. On the other hand I would put it to you that the vast majority of landlords are charging exorbitant rents simply because they can due to FFG housing policy.

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    Mute Alan Fitzgerald
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    Aug 6th 2019, 5:26 PM

    @Fr. Fintan Stack: That’s fair enough and may well be the case but i guess I would say as an accidental landlord on the other side of the coin is that there is very little money to be made from it when you factor in that all the income is taxable even if not covering the mortgage also the expense of buying property, fees and maintaining it as well as risk of another crash etc. I would gladly give my rented house to anyone if I got back what I put into it. I don’t see any profit after 15 years. Also, and I mean this genuinely, all the rights seem to be already extremely heavily weighted in the tenants side. What changes would you like to see introduced. If there was so much to be made from it why isn’t everyone trying to do it? Make it too difficult to rent and landlords will all sell up.

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    Mute Eamonn Roche
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    Aug 7th 2019, 9:49 AM

    @Fr. Fintan Stack: if you sue someone who won’t pay rent and you get a settlement that settlement won’t be paid either .

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    Mute Fr. Fintan Stack
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    Aug 7th 2019, 12:34 PM

    @Alan Fitzgerald: You don’t see any profit after 15 years? What do you want? You will own the house after 25 years mainly paid for by tenants. Is that not profit enough? I presume you class this as your pension? I have been paying a pension for years out of my wages, I don’t have someone else pay it for me. Regarding the tax. I presume you have a “day job”? My take is you should be paying tax on all income. If I take up a second job or work overtime I pay full tax, PRSI, etc. on all additional income. And so it should be with landlords. Besides you forgot to mention the allowances. I don’t get 100% or any percent mortgage interest relief. Having said all that I couldn’t be bothered with the hassle of owning a second property. So horses for courses as they say. But the amount of landlords on here moaning……. Just like the stock market its always a gamble.

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    Mute Aisling Bruen
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    Aug 9th 2019, 8:50 PM

    @Alan Fitzgerald: how does one become an “accidental landlord”…..?

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    Mute Aisling Bruen
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    Aug 9th 2019, 8:54 PM

    @Fr. Fintan Stack: I tip my hat to you, schooling landlords one-by-one. Cry me a bleedin’ river like.

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    Mute Andy Lawrence Moore
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    Aug 6th 2019, 6:16 PM

    I blame the errant taxpayer for funding such a Farago >> ( 55 years of inaction since Kenny report & no-one shouted ”STOP” ) Yup mea culpa >>

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