How to enforce a Residential Tenancies Board (RTB) outcome

1 - About this application

This application can be made when a landlord or tenant fails to carry out actions as directed by the Residential Tenancies Board determination.

The application must be made in the district court area in which the tenancy or dwelling concerned is or was situated.

You can make an application to enforce a Determination Order made by the Residential Tenancies Board (RTB) where either party has not taken the action as specified in the Determination Order (DO).

A DO is issued by the RTB. It directs a landlord or tenant to complete specific actions to remedy or resolve a situation such as unpaid rent or housing repairs. The resolution is determined by the RTB. The DO will also specify a timeframe for completing the actions.

Who can help

• The Residential Tenancies Board (RTB) assist in the process.
• The Residential Tenancies Board (RTB) may provide legal assistance to parties seeking to enforce a Determination Order.

Enforcement cases of an RTB order can be complicated. You should consider getting legal advice to better understand the options available to you.

2 - How to make your application

You can download your application form Form No. 40C.01 Notice of Statutory Application or contact your local court office and they can send an application form to you by post. The person making the application it the claimant and the person you are making the application against is the respondent.

You will need to include the following information to complete your application:

• District Court number and area
• A record number which will be inserted by the court office
• Enter the enactment which is the section of the legislation that is relevant to your application - The Residential Tenancies Act 2004 (as amended), Section 124
• Your full name and address
• The respondent's full name and address
• The date and time of court which the court office will give you
• Details of what you are asking the judge to do
• Reasons why you are appealing the decision
• List of documents you intend to rely on or use in court, including the determination of the Residential Tenancies Board and attach copies
• The address of the court office where you filed your application

You or your solicitor will be required to complete an affidavit. 

Court fee

The fee for this application is €80. It can be paid at your local court office (or in Dublin, at the Stamping Office in the Áras Uí Dhálaigh building in the Four Courts complex) by card or cash.

Next steps after paying your fee

The court office will check your application, give it a record number and they will return the form to you. You will need three copies of the stamped application:

• The original for the court office
• A copy to be served upon the respondent
• A copy for yourself

3 - Serving and submitting your application

Serving your application

You must send a copy of your application to the respondent. This is called serving the application. Please see our serving and proof of service page for more information.

The Respondent must be notified at least 21 days prior to the court date by registered post. Your post office will give you a certificate of postage

Submitting your application

A copy of the stamped application with the declaration of service attached must be lodged in your local District Court office at least 4 days prior to the court date.

4 - Attending court

You and your legal representative (if you have one) should arrive on time on your court date and make yourself known to the court when your list number and name is called out. The time that your case will be heard will depend on where it is on the list. Sometimes your case may not be dealt with until later in the day. 

Read more about preparing for court

Results from your hearing

Your case can have a number of outcomes. 

The judge may:

• Grant your application to enforce the determination order
• Order that the respondent pays a fine
• Order the directed party to pay the other party's legal costs if they lose the case
• Dismiss your application
• Adjourn your case for more information

What happens after your hearing

See our  What happens after Civil Court page for more information on what to expect after your court hearing.