Tenants win 75% of deposit cases judged by rental dispute board

The Private Rented Tenancies Board (PRTB), set up to resolve disputes between tenants and landlords, has found in favour of tenants in almost 75 per cent of cases where landlords have refused to return their deposits.

Almost 900 complaints were dealt with by the PRTB in its first 15 months of operations from September 2004, the majority of which were made against landlords who refused to return tenants' deposits.

Of the 900 cases, 67 per cent were taken by tenants, 28 per cent by landlords and the remainder by third parties. Some 64 per cent of the complaints from tenants related to retention of deposits. The PRTB decided in favour of the tenant in 73 per cent of deposit retention cases, either fully or partially refunding their deposit.

The PRTB annual report for 2005 states that in the majority of cases the deposits ranged from €200-€400. However, some were are high as €2,000-€5,500. In all cases where the deposit was in that range the PRTB found that the landlord had invalidly retained the deposit.

In the report, the PRTB states that the deposit "belongs to the tenant" and that landlords are "not entitled to spend this money on refurbishment". The deposit should only be used to offset rent arrears after a tenancy or to defray the cost of damage beyond normal, it said. However, landlords are advised to inspect the premises prior to vacation and address any issues in relation to damages at this point, the report said.

The PRTB is also responsible for ensuring that landlords register their tenancies. All tenancies must be registered with the board within one month of commencement under the Residential Tenancies Act, 2004. By the end of 2005 almost 84,000 tenancies had been registered comprising 53,000 landlords and 159,500 tenants.

The PRTB has the power to prosecute landlords who do not register tenancies or who do not comply with the orders of the board in dispute cases.

By the end of 2005 no prosecutions had been taken, but the PRTB said a number of prosecutions had taken place last year and these would be detailed in its 2006 annual report.