Kevin Hollingsworth

The Society of Chartered Surveyors Ireland (SCSI) argues that the current Residential Tenancies Board (RTB) system for handling rental disputes is overly complex, takes far too long and involves an inefficient use of resources.

It wants a new adjudication body to deal with tenants who are refusing to leave a property after the lease has expired — also known as overholding — as well as issues such as rent non-payment and landlords unlawfully holding onto deposits.

The surveyors’ body says its research indicates that two of the main reasons small landlords are continuing to exit the market in increasing numbers are complex rental regulations and the high risks involved in renting a property.

Kevin Hollingsworth, SCSI president, said: “The tenant/landlord relationship should be a cooperative 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.

“Estate agents who are members of the SCSI are reporting mounting concerns with regard to 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.

“The SCSI is calling for the establishment of a dedicated adjudication body or ‘rental court’ within the RTB whose sole purpose would be to hear and rule on such disputes within a three-month time frame.

“We are also calling for a thorough revision of the Residential Tenancies Act with the aim of simplifying the regulations governing tenant/landlord relations and creating a clearer and more user-friendly framework.”

He added: “The RTB also needs 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.

“More and more people are renting in Ireland, and government needs to address these issues if the country is to have a sustainable rental sector.”