A Kildare landlord has been ordered to pay €15,774 after an RTB Tribunal found breaches involving rent increases, an upfront payment and the use of a Notice of Termination at a property in Newbridge.
The dispute concerned a property at Kilbelin Close where a family had been renting since December 2022.
According to the Tribunal findings, the rent had last been validly set at €1,650 a month in June 2022.
The Tribunal found that the landlord subsequently increased the rent beyond what was permitted and accepted payments that were not lawful under the applicable rental rules.
Tribunal finds rent was unlawfully increased
The tenants told the Tribunal that the landlord sought an additional payment after the Housing Assistance Payment (HAP) arrangements indicated that the maximum permitted rent under the applicable rent pressure zone rules was €1,683.
The landlord allegedly sought a further €200 a month in cash.
The Tribunal ultimately found that the rent had been increased from €1,650 to €1,883 without the required rent review notice.
It ordered the landlord to repay €7,074.26 in rent that the Tribunal found had been overpaid between December 2022 and June 2025.
The case highlights the importance of following the statutory process when reviewing rent.
Under current RTB guidance, rent increases for private tenancies created from 1 March 2026 are subject to national rent-control rules. For applicable annual reviews, landlords must use the RTB Rent Calculator and provide the required information, including comparable properties from the RTB Rent Register.
The rules applying to a particular tenancy can depend on when that tenancy began, so the current rules should not automatically be applied retrospectively to older tenancies.
€1,200 in payments ordered to be repaid
The Tribunal also considered evidence about payments made when the tenancy was secured.
The tenant told the Tribunal that a €1,000 cash goodwill payment had been requested, alongside the additional €200 monthly payment.
The landlord denied receiving the €1,000 payment.
However, the Tribunal accepted the tenant’s evidence and found that the landlord had solicited and accepted the unlawful payments.
The landlord was ordered to reimburse the €1,200.
The case demonstrates that disputes over payments can become an important part of an RTB case where a tenant alleges that money was demanded as a condition of securing or maintaining a tenancy.
Dispute over the Notice of Termination
The Tribunal also examined the landlord’s use of a Notice of Termination.
In December 2024, the landlord served a solicitor-drafted notice stating that the property was being recovered because it was intended to be sold.
The notice gave a termination date in June 2025.
The tenant subsequently told the Tribunal that the landlord changed his position and offered a new tenancy at €2,150 a month, with a further security deposit requested.
The family said they could not afford the proposed rent and left the property in June 2025.
The Tribunal found that the termination process had been abused as leverage in connection with the proposed rent increase.
Tribunal awards €7,500 in damages
The Tribunal also considered the consequences for the tenants after they left the property.
The tenant told the Tribunal that he, his partner and their infant child subsequently lived in their car for six months, while their two older children stayed with grandparents.
The Tribunal awarded €7,500 in damages in relation to the six-month period of homelessness.
Together with the rent overpayment and reimbursement of the unlawful payments, the awards brought the total amount ordered against the landlord to €15,774.26.
Landlord disputed parts of the tenants’ evidence
The landlord disputed some of the tenants’ claims.
He said he had not received the €1,000 cash payment and argued that he would have issued a receipt if such a payment had been made.
He also said he had overlooked the applicable rent-control rules and had believed an agreement between the parties could establish the rent.
Regarding the Notice of Termination, he said it had initially been served at the tenant’s request to assist with a council housing application.
The Tribunal rejected the landlord’s arguments on the matters in dispute.
Tribunal orders payment in instalments
The Tribunal ordered the landlord to pay the total award in 10 consecutive monthly instalments of €1,500, followed by a final payment of €774.26.
The order also provided that the outstanding balance would become immediately payable if there was a default in the payment arrangement.
What the case shows about RTB disputes
The case illustrates how an RTB dispute can involve several separate aspects of a tenancy.
The Tribunal considered the rent charged, payments allegedly demanded from the tenants and the circumstances surrounding the Notice of Termination.
For landlords, the case demonstrates the importance of following the statutory requirements when setting or reviewing rent and when ending a tenancy.
For tenants, it also highlights the role of the RTB dispute-resolution system where there is a disagreement over rent, payments or the validity of a termination.
The RTB states that a Notice of Termination must meet specific legal requirements, including giving a valid reason where one is required and complying with the applicable notice and service rules.
A reminder about rent and termination rules
Rental rules in Ireland have changed significantly since this tenancy began.
From 1 March 2026, a national rent-control system applies to new private tenancies, while the rules governing how a landlord can end a tenancy depend in part on when the tenancy began and, for new tenancies, the size of the landlord’s portfolio.
That means landlords and tenants should establish which rules apply to the particular tenancy before relying on current guidance.
The Kildare case nevertheless demonstrates the consequences that can follow when the RTB Tribunal finds that rental rules and statutory termination procedures have not been followed.
Source: RTB Tribunal decision and case information supplied for this report.
